Judges decision posted
 

The New York Judges ruling is now posted. I suggest all APBA members read the transcripts from the proceedings along with the ruling as it goes into great detail about the confusing nature of everthing that has been going on in the organization. In the transcripts the judge recognizes the membership was not informed properly as to the nature of the changes that were to take effect and that as a membership driven organization the members need to be informed and involved in the running of the APBA. I also suggest all APBA members to attend the annual meeting scheduled for Feb 2004 in Milwaukee to voice your opinions and idea's for the future of APBA as a whole.

Matthew Barrett



http://www.geocities.com/sponsonhead/index.html

I understand that the sight is being overwelmed with hits and is haveing trouble keeping up with demand as this was posted to other racing sights also. If anyone that want's to see this and can't get on the sight please email me and I will email you the files as I have down loaded them. [email protected]


Matthew

Subsequent to the Judges decision, a press release by the appointed Special Master follows:

Wednesday, August 13, 2003

SPECIAL MASTER
Press Release

The American Powerboat Association (APBA) was founded in 1903, and was incorporated by an act of the New York Legislature in 1918. In May of this year, a Petition was brought in New York State Supreme Court by ten members of the APBA under the Not For Profit law relating to the election of the Board of Directors of the APBA in 2002, following the adoption of a restructuring plan known as SEA-TAC at an August 2002 meeting of the Board.

After reviewing extensive legal submissions, New York State Supreme Court Justice Joseph G. Makowski, sitting in the Commercial Division, determined that the 2002 ballot for the election of Directors was flawed, and that the election of Directors was invalid. The Court ordered that a new election should be held, consistent with the timing of the annual meeting. The Court observed that, in this manner, the matter will properly come before the members of the APBA. The Court ordered that a Special Master be appointed to supervise the election of the Board of Directors, and I have agreed to accept the appointment.

To protect the status quo, the Court appointed interim Directors to continue the day to day operations of the APBA. Justice Makowski has appointed Michael Allweiss, Michael Jones, Gary Garbrecht, Charles Strang, J. Donald Allen, Sr., Siegfried Boettle, Mark Wheeler, and Fred Hauenstein, Jr., as an interim Board of Directors and J. Donald Allen, Sr., as interim President, Edgar Rose as interim Treasurer, and Sally Titus as interim Secretary.

In its decision, the Court determined that the by-laws of the APBA require amendment in order to implement the restructuring plan adopted by the Board at its August, 2002 meeting. I have been asked to work with the parties and their counsel in connection with the amendment of the by-laws. Once amended, a complete set of amended by-laws will be made available to the membership, together with a description of the SEA-PAC plan approved by the Board in August, 2002, as well as a slate of Directors.

A complete copy of Justice Makowski's Order, entered July 30, 2003, is available upon request.

Kenneth A. Manning
Acting as Special Master

If I'm reading this right....... King Solomon split the baby 62/38. The old guard has 62...the new 38. That assumes that the new guard is unified. It could very well be a 62/12.5/12.5/12.5 split if various parties don't see eye to eye on how to carve up the for profit side of the "business".

Oh well...the law is once again...like kissing your sister...with a large legal fee attached to her lips.

T2x

There was a BOD meeting held by phone last night to discuss agenda item's for a face to face meeting later. I haven't heard what item's were discussed, hopefully a copy of the minutes of this meeting will be available soon. As far as I know this agenda has to go to the special master for approval. From what I have also heard the parties involved must write the By-Laws and then send them to the special master for approval also.

From Page 34 of the transcripts of the ruling by Hon. Joeseph G. Makowski Supreme Court Justice, State of New York Supreme Court
"Its ironic, but it has not escaped my attention that the timing of the petition, together with the Court's decision does coinside with the by-law cycle, so, subject to proper drafting and approval of the ballot, approval of what is on the ballot, by-laws, etcetera, this matter will go back to the members. It's there organization, and I believe ultimately, it is up to them to make a decision with the repect to the future of their organization."

Wow......is this copied straight from the judges? Grammer!!!! (there....their)

I think you meant.....grammar.

T2x;)

Dang! Busted by T2x!!! :D :D

Ya, and the court date was in 3003. ;)

I'm sure it was typed up by a transcriber...

This was my mistake as I had to retype it from the pdf file since I couldn't cut and paste from that file. I forgot to run spell check before I posted.

Matthew