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Rancho Santa Teresa Swim & Racquet Club

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Saturday, February 5th, 2000 @ 11:27 AM
Subj: Article for SouthSanJose webpages


This flyer is being distributed in response to a request from "Concerned Members To Save Rancho Santa Teresa Swim and Racquet Club." All information contained herein is designed to help you make a well informed decision when voting on the issues contained in the official ballot that was recently mailed to all members.

Items # I and 2 - Recall/Retain Ty Chew; Recall/Retain Josephine Livingstone

When voting with regard to the issue as to remove or retain either board member, you must ask yourself the following: Is he/she fulfilling his/her obligation and duty as a Board member as outlined in the Rancho Santa Teresa Swim and Racquet Club Bylaws. Our bylaws state that the Board of Directors have the power and shall "do all things necessary and proper for the control, management and operation of the corporation, its properties and affairs."

No member of the Board should use his/her position on the Board as a vehicle to promote personal opinions, hearsay, rumors or unsubstantiated accusations and then present them to the membership as being factual. This type of fear based communication can only serve to divide our community.

As an example, the "Future of Our Club Committee", which is not a committee sanctioned by the Board, is chaired by Josephine Livingstone, a Board member. This committee has publicly stated in numerous public forums that it is in favor of selling and/or "leveling" the club and opening it up for land development purposes. For a Board member to support such a cause is in and of itself a direct conflict of interest and does not represent concern for preserving our club. In addition, many of the members of the "Future" committee are the main supporters pushing to recall our President, Ty Chew, who has spent a majority of his time as President responding to this groups frivolous and unfounded demands, complaints and allegations.

Item #4 - Five Year Audit

This item refers to an independent audit of club funds for the past five years. Unfortunately this item should not be affirmatively voted for in its present form due to its vague format.

The Board supports the idea of an audit but cannot approve the request as submitted. Further discussion on this crucial issue must be discussed in detail and be presented in a written format that includes exact costs and extent of said audit. In its current form, cost estimates range from $0.00 to $25,000.00. According to the current budget there is slightly more than $11,000 between income and expenses. Would the audit be proposed annually? How could this be afforded? Only by an independent auditor? These questions need to be answered. In a flyer written by Josephine Livingston dated 9/11/99 (which she distributed to the entire membership), Ms. Livingstone falsely insinuated that a Board member and his wife were involved in large sums of monies missing from the club account. Despite documented proof to the contrary and a written demand for a full retraction of her defaming and libelous statements, no retraction has ever been made by her to the membership and the push for the 5 year audit remains. Do you personally feel spending thousands of dollars is a necessary step to protect you from an inquiry of misappropriations that has been completely unsubstantiated?

The issue of whether or not the club needs an audit is not in question. However, the type of audit, extent and cost need to be answered and completely outlined before it is put to a vote. Therefore, vote no with respect to the 5 year audit.

This flyer was generated with private funds by Concerned Members To Save Rancho Santa Teresa Swim and Racquet Club.
If you have any questions regarding information contained herein please contact
Robin Mingione at (408) 226-5418 or Pamela Ott at (408) 365-9599.

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