Register Latest Topics
 
 
 


Reply
  Author   Comment  
Unregistered
Reply with quote  #1 
From: "Stephen M. Garcia" <sgarcia@lawgarcia.com>
Date: July 26, 2018 at 7:15:01 PM CDT
To: "'Bob Archambeau'" <cut2dramp@gmail.com>
Cc: "'Bob Harris'" <rbtharris@yahoo.com>, "'Lyman Hardy'" <lymanland@att.net>, "'wski@me.com'" <wski@me.com>, "'Kirby Whetsel'" <kwhetsel@charter.net>, "Jeff Clark Sr" <jclarksr94@gmail.com>, Jeff Surdej <j_surdej@yahoo.com>, "Dana Garcia" <dgarcia@lawgarcia.com>
Subject: RE: By Law Adherence
Wait so you are now going back on another representation and having a meeting to change clearly written rules. You did not even abide by this misrepresentation for a total of five hours. You bend, manipulate and fabricate to impose what you want not steward the by laws—shameful and obvious.
 
You cannot alter by laws in such a fashion. The say what they say not what you and your cronies want on the fly. You need to give timely notice per the by laws to in any fashion alter the plain language of the by laws which you have not done. Act with integrity, count the absentee ballots timely sent, in an individual envelopes with proof of membership. Your incessant double talk to manipulate and break the by laws continues. Stop it Bob you are not God but a servant of the region bound according to the by laws. Your effort to distort truth and cheat is unacceptable—stop it.
 
Jeff step in as  I am telling you up front this cheating is going to lead to a storm

From: Bob Archambeau [mailto:cut2dramp@gmail.com
Sent: Thursday, July 26, 2018 5:10 PM
To: Stephen M. Garcia
Cc: 'Bob Harris'; 'Lyman Hardy'; 'wski@me.com'; 'Kirby Whetsel'; Jeff Clark Sr; Jeff Surdej
Subject: RE: By Law Adherence
 
Steve is right on leaving you all off the quick email I sent to him.  My phone was being used for the music at the events today and I rushed to respond to him between skiing and assignments.  Please read my note to catch up
 
As I promised here are the items in writing that we will focus on.  These are cut and pasted items.  The first is from the By Laws and the second is the ballot.  We will review the  information tonight and the review of the full tellers committee responses live.  In case someone is not in attendance you will still have al the information
 
Please note the items highlighted.  These address the concerns you mention. 
 
Bob A
 
Steve
 
Sent from Mail for Windows 10

From: Stephen M. Garcia
Sent: Thursday, July 26, 2018 3:55 PM
To: 'Bob Archambeau'
Cc: 'Bob Harris''Lyman Hardy''wski@me.com''Kirby Whetsel'Jeff Clark SrJeff Surdej
Subject: RE: By Law Adherence
 
You did not as you suggested in your initial email respond to my referenced email. When caught in yet another of your fictions,  you attempt your move of a side step of truth. Such nonsense fails with me.
 
I do not need you to send me language. I am a lawyer of some repute and along with my partners have read every line and page of the by laws along with many others. If you do not count the absentee ballots sent by Dana you violate the by laws and breach your fiduciary duty and all of you do so at your peril. Don’t bother sending me another creative writing just comply with the by laws, do the honest thing and count the absentee ballots sent to your appointed teller in a timely manner, in individual envelopes and with proof of membership. Act with integrity or don’t we will judge you and decide what our next move is based on which of those two clear paths you all take. PS way to leave others off the email.

From: Bob Archambeau [mailto:cut2dramp@gmail.com
Sent: Thursday, July 26, 2018 12:48 PM
To: Stephen M. Garcia
Subject: Re: By Law Adherence
 
Steve
I responded to your question re proof of membership.  The rest of your comm. has not been questions.  I will send you the language that is written.  No magic - just fact
Bob A

On Thu, Jul 26, 2018, 1:15 PM Stephen M. Garcia <sgarcia@lawgarcia.com> wrote:
Bob you never responded to my referenced email. Another fiction. You and Clark ignoring plain wording of by laws to manipulate what you want as exposed by first the ballots directive re cards and your Tellers creation that the absentee ballot must be placed in post by voter which is nowhere in the by laws is clear and obvious. You must count the absentee ballots sent by Dana as they confirm  with the actual wording of the by laws not the after the fact effort by you to massage what is stated. I don’t appreciate being lied to and cheated and will not stand for it. 
Sent from my iPhone

On Jul 26, 2018, at 12:49 PM, Bob Archambeau <cut2dramp@gmail.com> wrote:
Steve,  I responded to all your question.
 
No one can or will go outside their responsibilities.  We have to follow what is written.  Simple as that.  No changes will be allowed.  Any changes, if needed would have to come after the election not before
 
Bob A

On Thu, Jul 26, 2018, 10:17 AM Stephen M. Garcia <sgarcia@lawgarcia.com> wrote:
I note the silence and failure of a response to my e-mail of July 19th relating to the effort of Mr. Archambeau  and others to manipulate in direct violation of the by laws mandates the election this evening to an outcome they desire rather than in conformity with their obligations as officers and limited to the authority granted them through the bylaws. I am led to believe you will not count the individually enveloped, timely sent  with proof of membership in AWSA submitted by Dana in the form of an absentee ballot. For you to take this position in direct contravention of the by laws violates your oath, but more directly, your fiduciary responsibilities as officers with your authority vested, and limited, by the by laws.
 
I am advised that this decision is made resulting from a directive of Jeff Clark, a directive which instructs all to breach their fiduciary responsibilities and oath and act outside the limited powers invested in Bob and Jeff, and for that matter all on the Board. The directive of Jeff authorized by Bob instructs you all that you need not follow the bylaws and need not count the individually packaged, properly verified absentee ballots timely sent to the Teller. That is a directive in violation of the by laws and each of your fiduciary responsibilities to the membership. Simply stated, you have no power to violate the clear directive of the by laws notwithstanding your clear desire, and intent, to do so. I urge you to reconsider this position in that failure to abide by the bylaws in favor of a remarkably inaccurate assessment of the application of law to the verbiage of the bylaws is astounding and frankly so astounding as to lead me to the inescapable conclusion that if this is the course you will actually follow it reflects what I, and so many others, see as an abject lack of integrity on behalf of Mr. Clark and Mr. Archambeau. To follow this path is in direct violation of law and its intent to manipulate an outcome to the vote which they desire by disenfranchisement of the constituency is plain, obvious and shameful.
 
Simply stated Mr. Clark and Mr. Archambeau, your authority to act is limited by the bylaws.  You are not the gods of this kingdom although you act as if you are such gods. You are simply conduits of the constituency of the Southern Region governed by, and limited to, the authority and content of the bylaws. And it is very clear that the bylaws require you to count each and every vote individually packaged in individual envelopes and sent to the Teller by Sunday. That is what the by laws mandate nothing more and nothing less—shame on you Mr. Clark and Mr. Archambeau threatening to act in contravention of this clear requirement to serve your own goals. As a member of the Southern Region I insist that you act strictly in accordance with the by laws which mandates that you in fact count each absentee ballot submitted by Dana which were individually enveloped, timely sent and included proof of AWSA membership. A failure, no refusal, to follow that which the by laws state will not only reflect an abject lack of integrity on the part of Mr. Clark and Mr. Archambeau, and perhaps by implication of the Teller if he is a part of this conspiracy to defraud and act outside the bylaws, but also the abject lack of integrity from leadership which is ruining this sport and which so many of us have unfortunately come to expect as a pattern and practice of Mr. Archambeau and Mr. Clark.
 
Kirby, I include you in this e-mail because I have always known you to be a man of integrity. I have always held you in the utmost respect. Frankly, I really do not see a downside of either you or Dana prevailing in this vote in that both of you would do well for our region. However Kirby, I would suggest to you that as a man of integrity you must stand up here and be counted insisting on adherence to that which the by laws actually say not that which Mr. Clark and Mr. Archambeau attempt to manipulate them to say to their own obvious goals.  Integrity, in my judgment, is not checked at the door but rather reflected by action each and every day. You know, as well as I, that the absentee votes sent by Dana should be counted. They were individually packaged. They were timely sent.  There was proof of the AWSA membership included in each. That complies with the bylaws.  You know, as well as I, that so far the Teller has created a fiction in his recent e-mail to me asserting that each vote must be separately sent by the absentee voter when this is not in the bylaws. When caught in this manipulation the fact the Teller apparently backed down and perhaps he has was under the tutelage and support of Mr. Archambeau and Mr. Clark in making such a blatantly unsupported mandate in the election. You know, as well as I, that in the actual ballot approved by Mr. Archambeau falsely declared that the membership card in the United States Water Ski Association must be included in the absentee ballot. That is not in the by laws. This type of fabrication and manipulation of a vote which reflects poorly on Mr. Clark and Mr. Archambeau and exposes a questionable integrity in this process from leadership[. Kirby, as a man of integrity, I would hope that you will not join Mr. Archambeau and Mr. Clark in such manipulations and abject fraud but rather stand tall and insist that all ballots be counted, including those submitted by Dana, so the true will of the constituency be counted and determined. That is what a man of integrity does in my judgment. A failure to act accordingly would reflect something other than the high regard I have for you Kirby.
 
Finally, gentlemen, I for one am sick and tired of the manipulation and fraud perpetrated by Mr. Archambeau and Mr. Clark in furtherance of their so called duties and in direct contravention of the limited authority invested them by the bylaws. I therefore include Jeff Surdej of the American Water Ski Association because at the end of the day this is an American Water Ski Association problem. Fraud in the voting to perpetuate a manipulation of fact is an AWSA problem which must be addressed by Mr. Surdej or the association loses all credibility. And that is exactly why so many people are running for the hills from the sport of water skiing and the bureaucracy of AWSA and most specifically the kingdom perpetuated by Mr. Clark and Mr. Archambeau in furtherance of their Southern Region fiefdom. Jeff, you need to step in right here and right now through the auspices and power of AWSA and ensure an appropriate, fair and lawful vote in the Southern Region in explicit conjunction with that actually set forth in the bylaws. If you fail to do so, then there is a failure of leadership at the head of AWSA.
 
 
 

 

Stephen Garcia
Phone: (562) 216-5270

Fax: (562) 216-5271

Email: 
sgarcia@lawgarcia.com

Garcia, Artigliere & Medby

One World Trade Center 
Suite 1950 
Long Beach, CA 90831 
Website: http://www.lawgarcia.com
 
The information contained in this electronic message may be privileged and confidential intended only for the use of the individual or entity named above. If you have received this communication in error, please notify us immediately by telephone (collect, if necessary) and delete any and all copies of the electronic message. Thank you.
0
AB
Reply with quote  #2 
Sad.

The sport is WATER SKIING. It's not sport administration. It's not judging. Get out on the water & have some fun. Rodney King had it right " come on people, why can't we all just get along" !
0
Aussie
Reply with quote  #3 

So if I'm following correctly, votes were not accepted because they were sent from a single mailer not direct from the absentee voter and were subsequently not counted?

Couldn't this be settled over a pint.....


0
Unregistered
Reply with quote  #4 
Quote:
Originally Posted by Aussie

So if I'm following correctly, votes were not accepted because they were sent from a single mailer not direct from the absentee voter and were subsequently not counted?

Couldn't this be settled over a pint.....




They were trying to circumvent the rules so no they weren't counted.
0
Steve B.
Reply with quote  #5 
Drama. Who was voting on what ?
What should be a fun enterprise to better the sport, sadly sounds like legal bickering has stopped any possible progress.

Steve B.
0
Unregistered
Reply with quote  #6 
Finally, gentlemen, I for one am sick and tired of the manipulation and fraud perpetrated by Mr. Archambeau and Mr. Clark in furtherance of their so called duties and in direct contravention of the limited authority invested them by the bylaws. I therefore include Jeff Surdej of the American Water Ski Association because at the end of the day this is an American Water Ski Association problem. Fraud in the voting to perpetuate a manipulation of fact is an AWSA problem which must be addressed by Mr. Surdej or the association loses all credibility. And that is exactly why so many people are running for the hills from the sport of water skiing and the bureaucracy of AWSA and most specifically the kingdom perpetuated by Mr. Clark and Mr. Archambeau in furtherance of their Southern Region fiefdom. Jeff, you need to step in right here and right now through the auspices and power of AWSA and ensure an appropriate, fair and lawful vote in the Southern Region in explicit conjunction with that actually set forth in the bylaws. If you fail to do so, then there is a failure of leadership at the head of AWSA.


Don't think Archambeau, Clark or Surdej have the FBI watching their home.  This idiot owes these men an apology!
0
Unregistered
Reply with quote  #7 
🤣😂🤣
As if that would ever happen!
0
Unregistered
Reply with quote  #8 
I'm just all up in here eating popcorn.....
0
Unregistered
Reply with quote  #9 
We ran this guy out of California for the same stuff. Enjoy Southern Region
0
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.