Like Tree0Likes

Judges decision posted

Reply
Old 08-12-2003, 12:13 PM
  #1
Registered
Thread Starter
 
GrinandBarrett's Avatar
 
Join Date: Mar 2003
Location: Sauk City, WI
Posts: 364
Thumbs up 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
GrinandBarrett is offline  
Reply With Quote
Old 08-12-2003, 02:38 PM
  #2
Registered
Thread Starter
 
GrinandBarrett's Avatar
 
Join Date: Mar 2003
Location: Sauk City, WI
Posts: 364
Default

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
GrinandBarrett is offline  
Reply With Quote
Old 08-14-2003, 02:27 PM
  #3
Platinum Member
Platinum Member
 
CigDaze's Avatar
 
Join Date: Jun 2001
Location: St. Petersburg, FL
My Boats: Cigarette 35 Cafe Racer
Posts: 21,346
Default

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
CigDaze is offline  
Reply With Quote
Old 08-14-2003, 02:57 PM
  #4
T2x
Allergic to Nonsense
Platinum Member
 
T2x's Avatar
 
Join Date: Aug 2001
Location: Granite Quarry, NC
My Boats: 1966 !8' Switzer Wing "Miss Diablo" 1968 Switzer Wing "Dust'n the Wind 2",, 1960 Powercat 15C , 1977 17' Molinari w/Evinrude CCC
Posts: 5,004
Default

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
T2x is offline  
Reply With Quote
Old 08-14-2003, 03:14 PM
  #5
Registered
Thread Starter
 
GrinandBarrett's Avatar
 
Join Date: Mar 2003
Location: Sauk City, WI
Posts: 364
Default

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."
GrinandBarrett is offline  
Reply With Quote
Old 08-14-2003, 03:35 PM
  #6
Registered
 
PhantomChaos's Avatar
 
Join Date: Dec 2000
Location: Bell Canyon, CA
My Boats: Formula FASTech 382 Sunseeker Apache 45
Posts: 12,756
Default

Quote:
Originally posted by Grin&Barrett

".......... It's there organization, and I believe ultimately........"

Wow......is this copied straight from the judges? Grammer!!!! (there....their)
PhantomChaos is offline  
Reply With Quote
Old 08-14-2003, 03:36 PM
  #7
T2x
Allergic to Nonsense
Platinum Member
 
T2x's Avatar
 
Join Date: Aug 2001
Location: Granite Quarry, NC
My Boats: 1966 !8' Switzer Wing "Miss Diablo" 1968 Switzer Wing "Dust'n the Wind 2",, 1960 Powercat 15C , 1977 17' Molinari w/Evinrude CCC
Posts: 5,004
Default

Quote:
Originally posted by PhantomChaos
Wow......is this copied straight from the judges? Grammer!!!! (there....their)
I think you meant.....grammar.

T2x
T2x is offline  
Reply With Quote
Old 08-14-2003, 03:38 PM
  #8
Registered
 
PhantomChaos's Avatar
 
Join Date: Dec 2000
Location: Bell Canyon, CA
My Boats: Formula FASTech 382 Sunseeker Apache 45
Posts: 12,756
Default

Dang! Busted by T2x!!!
PhantomChaos is offline  
Reply With Quote
Old 08-14-2003, 03:43 PM
  #9
Platinum Member
Platinum Member
 
CigDaze's Avatar
 
Join Date: Jun 2001
Location: St. Petersburg, FL
My Boats: Cigarette 35 Cafe Racer
Posts: 21,346
Default

Ya, and the court date was in 3003.

I'm sure it was typed up by a transcriber...
CigDaze is offline  
Reply With Quote
Old 08-14-2003, 03:54 PM
  #10
Registered
Thread Starter
 
GrinandBarrett's Avatar
 
Join Date: Mar 2003
Location: Sauk City, WI
Posts: 364
Default

Quote:
Originally posted by PhantomChaos
Wow......is this copied straight from the judges? Grammer!!!! (there....their)
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
GrinandBarrett is offline  
Reply With Quote
Reply

Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
SHARKEY-IMAGES
General Boating Discussion
6
02-27-2004 08:18 AM
GrinandBarrett
General Racing Discussion
1
08-12-2003 02:39 PM
14-H
General Boating Discussion
39
07-21-2003 09:55 PM



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 04:40 AM.


Copyright 2011 OffShoreOnly. All rights reserved.