Good grief. For that last week or so I’ve been watching the email list recount a deceptive if not illegal board election followed by tales of retaliation for calling out the deception. If the neighborhood association doesn’t have a democratically elected board, what would that mean?
SHORT STORY
The short story is there were 7 people who ran for election. One withdrew the morning of the election. No one said a word about it when the candidates were announced and their bios read, people voted and then when the President of the Neighborhood Association allegedly came in last they announced one of the candidates withdrew and the remaining vote getters were announced as winners. People objected over the next few days. Then, the Neighborhood President threatened continued neighborhood support of the Willy Street Park because supporters of the park were the one’s calling out the election issues. It’s certainly a mess and I think it will be on the next board meeting agenda for discussion.
COULD THIS JEOPARDIZE CITY STANDING? DOES IT EVEN REALLY MATTER?
The Marquette Neighborhood Association is largely known to be one of the most powerful neighborhood associations in the city. Generally, alders and city staff tend to put quite a bit of weight on what neighborhood associations have to say. However, they mostly have no official power in the city government structure, only a requirement to be notified in development processes. The city has a handout about starting a neighborhood association and these basic rules:
City of Madison Neighborhood Association Recognition
The Department of Planning and Community and Economic Development, Planning Division maintains an electronic file of the recognized neighborhood associations. Many City departments and agencies solicit neighborhood association opinions on upcoming approvals of development projects, programs and services, and other changes proposed in particular neighborhoods.
A Neighborhood Association should meet the following standards to be officially recognized by the City of Madison:
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- The Neighborhood Association must have followed written procedures to establish organization: contact district alderperson and Planning Division, placed Class II notice in local newspaper, and submit information to Planning Division.
- The Neighborhood Association should occupy a geographically distinct and specific area that does not overlap with any other recognized Neighborhood Association’s defined boundaries.
- The Neighborhood Association should have a Board of Directors and/or Officers democratically elected by its general membership.
- All meetings and elections must be open to the public. Efforts should be made to conduct meetings in an accessible, public place. Membership should be inclusive.
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If they don’t fix this mess, would they no longer be recognized by the City of Madison? If so, what is the process for that? And even so, what would it practically mean? If anything?
LONGER STORY
For those who want the gorey details, he’s the summaries of the information. My bigger question/concern is does all the mystery and intrigue even really matter in the end? I think it probably matters more for the non-profit status and the members of the organization than it does for their official standing with the city. I have often heard people talk about neighborhood association (ok, lets get real, homeowner association) power with the city, but where does that power come from and can it be taken away? I think the power largely comes from the Alder if they think the association has validity and backing of the neighborhood and then place weight on the decisions of the organization. Will this diminish the power of the Marquette Neighborhood Association if its standing is questionable?
Email discussion summary
Last Friday it began with a message that simply said: “Would someone care to put in writing the outcome of the balloting at last night’s annual fall membership meeting. Thank you.”
Rumors and innuendo ensued. I looked it up and found this: I wanted to know so I looked at the website and found this: “Thank you to all that attended the Annual Meeting on 10/24/2019. The room at the Wil-Mar Center was packed. A brief update: The proposed bylaws changes were tabled until next year’s annual meeting. There was a unanimous vote in support of the budget. There ended up being 6 candidates for 6 board seats. Jordy Loeb, Nancy Mae, and Keith Hudson, three new board members were elected. Lynn Lee, Cheema and Marlisa Kopenski Condon were re-elected.”
Yeah, there’s more to the story. Soon people were calling for the election results to be reported. The prevalent rumor or suspicion was this “I heard that the current president lost that election and that he asked one of the winning candidates to withdraw so that he would remain on the board. It would be interesting to know if the MNA president is indeed the person who lost the election.”
Many people chimed in saying that if the candidate resigned after the voting, then they needed to have an election for the open seat.
Another person chimed in with the vote counts – Colleen was the person who resigned, Lynn Lee was the Neighborhood Association President
PETITION
On October 24th there was an election for the MNA Board of Directors at the annual membership meeting.
A group of neighborhood residents (signatures below) believe:
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- there were 7 candidates for 6 director spots throughout the entire voting process, from the announcement of candidates to the casting of ballots to the final tally;
- there was no announced withdrawal by any candidate prior to the vote;
- the votes were counted and the top 6 candidates were elected;
- after the vote tally, it was made clear to members that one of the winning candidates wanted to resign; and
- because of the resignation, the process outlined in the MNA Bylaws for filling a Board vacancy should be followed.
The right to know who’s on the ballot is a basic requirement of a fair election. We believe that a candidate cannot withdraw once the votes are being cast. If an elected candidate does not want to serve, she can resign, creating a vacancy. There is a process specified in the MNA Bylaws to fill a vacancy. It includes announcing the vacancy to the membership and soliciting for volunteers to fill it.
In an October 28th email (copied below) we asked the Board to follow the Bylaws. We have not received an official response from the Board on whether they will do so. A Board member said it will be on the next Board agenda. We again ask the Board to follow the Bylaws and start the process to fill the vacancy.
Since our original email to the Board on October 28th, a number of members of the neighborhood have contacted us asking that their names be added to this request. Their names and the names of the original 17 are listed below. If you would like to join us, please do.
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Maryline Beurg |
Leigh Mollenhoff |
Joanne Schilling |
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John Coleman |
Eric Mosher |
Ken Lonnquist |
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Beth Crawford |
Steve Ohlson |
Tracy Dietzel |
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Joanna Donovan |
Albert Quattrucci |
Helen Schneider |
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Pilar Gomez-Ibanez |
Sandy River |
Rolf Rodefeld |
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Gregory Humphrey |
Anne Walker |
Ric Kieler |
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Sharon Kilfoy |
Ross Wuennenberg |
Leslie Schroeder |
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Linda Lehnertz |
Karolyn Beebe |
Nick Schroeder |
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Diane Michalski Turner |
Ariana McJunkin |
M.E. Pasquesi |
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David Mollenhoff |
Angela McJunkin |
Dana Schreiber |
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James Wilson |
Over the past week we have had communications with the MNA Board beginning with our letter of October 28th. Below are those communications.
1) MNA members emailed the Board on Monday evening (10/28) regarding the election process which took place the previous Thursday.
Dear MNA Board,
We, the undersigned, are asking that the Board follow the procedures in the Bylaws to replace a Board director when they resign. We believe that following the Bylaws is the best way to provide for fair and transparent elections.
Colleen Hayes was a candidate for the MNA Board. Her bio was read to the membership, and members cast votes for her. A count of votes was taken in which Colleen was elected as one of the 6 new Board members. Then, between the count and the announcement, Colleen resigned, leaving one vacancy in the 6 seats. However, MNA’s Vice President announced that because Colleen resigned, the remaining 6 candidates were elected.
Colleen Hayes was elected as a director. A director can opt to resign at any time, by a written communication to the Board (Bylaws 5.03). When a director resigns, a vacancy is created. The Bylaws, section 6.02, provide how a vacancy should be filled. We ask that the Board follow that procedure in selecting the replacement for the elected director who resigned immediately after the vote tally, thereby creating a vacancy.
The procedure specified in the Bylaws is:
Bylaws 5.03: “A Director may resign at any time by delivering his or her written resignation that complies with the provisions of ch. 181, Stats., to the Board of Directors, the chairperson of the Board of Directors, or the Corporation.”
Bylaws 6.02(g): provides that the president has authority to “fill the vacancy until the annual meeting next following the date on which the vacancy arose, provided that: (1) the president shall (i) provide promptly after the vacancy arises reasonable notice thereof to the membership of the Corporation along with notice that persons interested in being appointed to fill the vacancy so notify the president within a reasonable period of not less than 1 (one) week from the date of the notice and (ii) make the appointment promptly after such period, provided that the president may appoint someone, whose household or business is a member of the Corporation but who did not notify the president of interest in being appointed in response to the notice required by Subsection 6.02(g)(1)(i); (2) to be reasonable, the notice required by Subsection 6.02(g)(1)(i) need not be mailed using the US Postal Service; and (3) the Board approves the appointment no later than at its first regular meeting after the appointment is made.”
We ask that the Board reconsider the action taken at the membership meeting. We request that the Board inform the membership of Colleen’s resignation and the date of her resignation as identified in her written communication. We ask that the procedures specified in the Bylaws be followed to fill her position. We believe that following the Bylaws is the best, and only, way to provide for fair and transparent elections of Board directors.
We would appreciate your response by Friday, November 1. Thank you for your attention to this.
Sincerely,
Maryline Beurg
John Coleman
Beth Crawford
Joanna Donovan
Pilar Gomez-Ibanez
Gregory Humphrey
Sharon Kilfoy
Linda Lehnertz
Diane Michalski Turner
David Mollenhoff
Leigh Mollenhoff
Eric Mosher
Steve Ohlson
Albert Quattrucci
Sandy River
Anne Walker
Ross Wuennenberg
2) Colleen Hayes (MNA Board member) replied on Tuesday morning (10/29).
Good morning everyone!
Oh good heavens I appear to have created a mess. First, let me clarify that I withdrew from the Board elections the morning of the annual meeting in a text to Lynn Lee. However, due to 13 years of Catholic schooling, guilt and my people pleasing nature can bubble up, and in retrospect the text was probably kind of wishy washy. (See?! Even that last sentence I typed was wishy washy!!!) I nervously hit send, not wanting to disappoint Lynn, and went on my way to work. Middle school being middle school and Madison public schools being relatively understaffed everywhere, I was running non-stop all day until the time I had to dash off to my volunteer commitment that I had agreed to months ago. Therein lied the problem: in my busy-ness of the last couple months it did not occur to me until that very morning that I had agreed to be the wine and beer pourer for a friend’s non-profit organization that was hosting their annual dinner the same evening. I couldn’t back out. And it made me realize I was too damn busy to serve another term on MNA. I hadn’t heard back from Lynn and again was terrified to disappoint someone I respect, so checked in with Renee and Anita to make sure that Lynn had read my text. (Please be assured, I respect Renee and Anita!) That is when I was informed that I was still on the ballot and I told them I was not interested. Apparently, Lynn had shared my morning text but wasn’t sure what to do without directly talking to me so did nothing. I really didn’t think withdrawing the morning of would be that big of a problem when there were enough candidates to fill the seats.
I apologize for the confusion. I love MNA and all the great work the organization does. It was not my intention to be the source of such a kerfuffle.
3) Pilar Gomez-Ibanez replied Tuesday afternoon on behalf of the group (10/29).
Hi Colleen and members of the Board,
Thank you, Colleen, for your response. I appreciate your explanation and understand how misunderstandings can arise.
Unfortunately, you were not removed from the ballot. You remained on the ballot, your statement was read to the members by Renée with no indication that you were not a candidate, members voted for you in good faith, and you were elected. Therefore our request stands that the Board follow the procedures in the Bylaws to fill your vacancy, if you are now resigning.
Thank you again for your response.
Sincerely,
Pilar
4) Renee Lauber (MNA Board member) replied on Tuesday afternoon (10/29).
Thanks to Colleen for graciously detailing her personal circumstances related to the election last week. It was kind of her to provide context for the actions taken by the sitting board members tasked with counting the votes. As Colleen’s explanation makes clear, she did not resign from the board, but withdrew her candidacy for another term, leaving 6 candidates for 6 available seats. While the way this played out may have been somewhat unusual, the individuals in charge of overseeing the board election handled the matter reasonably and in good faith, and we are confident that the result complied with what the bylaws require of the Annual Meeting. We are excited to welcome a new cohort of board members, all of whom are energized and committed to serving the neighborhood.
5) Pilar Gomez-Ibanez replied Tuesday evening on behalf of the group (10/29).
Renee and Board members,
I am not questioning your good faith. I, too, am acting in good faith, with appreciation for the work done by the Board, and from a desire to have a strong and well-functioning Board.
The problem is that (and here I differ from Ross’s previous email) the ballot presented to members last Thursday was completely clear. Colleen was on the ballot. Members were clearly told who the candidates were. Members voted based on that information. The votes were counted and a final tally was made. Colleen was among the six elected candidates. Whatever texts or phone calls occurred between Board members are irrelevant, because Colleen did not withdraw from consideration in any way that was made known to the voters; in other words, she did not withdraw. You can’t change who was on a ballot after an election. To do so disenfranchises voters. It’s not how elections operate.
At this point, if Colleen resigns, the Bylaws must be followed to fill her vacancy.
I will also say that if this issue is not addressed, the MNA Board is not properly constituted. If the legitimacy of the Board is in question, the legitimacy of all actions taken by the Board may be questioned, putting MNA in jeopardy.
Again, my point is not to question your good faith, and I am glad to assume that everyone involved may be acting in good faith. But acting in good faith doesn’t always prevent people from making mistakes. The Board election on Thursday was handled incorrectly, in a manner contrary to the Bylaws, and this needs to be addressed. I continue to look forward to your response by Friday.
6) Jordy Loeb (new MNA Board member) emailed Wednesday with questions (10/30).
All,
I’m new to this and would like to gain some insight and sensitivity to the concerns being raised. I’m a believer in process. I see it as a means to and end, not an end unto itself. That is where I’m confused by this discussion.
As I understand it, there were 7 candidates on the ballot to fill 6 vacancies. (There had only been 5 candidates for the 6 vacancies until several days before the elections). One candidate withdrew after the ballots were circulated. This left 6 candidates for 6 spots. What would a new election accomplish other than the same result? Nobody self nominated from the floor and I’m not aware that anyone else now wants to be elected in light of Colleen’s decision.
(I don’t want to get in to whether someone who withdrew her candidacy resigned, stepped down, finished her term or other parsing because that does not change my ultimate question).
I’m raising this question in all sincerity; please don’t read this email as a challenge. I want to understand what the desired result is. I trust this is not a “make work” challenge to the MNA Board.
Sincerely,
Jordy
7) Pilar Gomez-Ibanez replied Thursday afternoon on behalf of the group (10/31).
Jordy,
Thank you for your email and questions.
I also believe in process, and a fair process as the best means to a fair end. The end that we seek is a fair and transparent election, one that respects the will of the voters and follows the Bylaws of MNA. This is my answer to your final question – what is the desired result.
I don’t think a new election is necessary. As far as we know, there were no irregularities with the voting process or the vote count. The irregularity is that the 7th, non-elected candidate was given a spot on the Board.
Here’s where I differ from your understanding of events. I believe there were 7 candidates for 6 spots throughout the entire voting process, from the announcement of candidates to the casting of ballots to the final tally. I believe that a candidate cannot withdraw once the votes are being cast. Elections for public office, for example, cannot remove a name once a candidate qualifies:
Once a candidate qualifies for ballot status, her name appears on the ballot. The candidate cannot withdraw and have her name removed. Only in case of death of the candidate can the name be removed from the ballot. S. 8.35, Wis. Stats.
The candidate can make a statement to notice the electors that she no longer wishes to seek the office by election, but her name will appear on the ballot. Should the candidate win the election, she may decline to hold the office. This creates a vacancy that is filled following the provisions of Ch. 17.
https://elections.wi.gov/node/105
If voters had been notified prior to the meeting, or at the beginning of the meeting before anyone filled out a ballot, that Colleen had withdrawn her candidacy, voters might have made different choices. For example, additional people might have self-nominated from the floor.
Candidate #7, if considered elected to the Board, serves a term of two years. If the Board follows the Bylaws and fills the vacancy, the person filling the vacancy serves a term of one year and is selected from a pool of members who put their name forward.
What we are asking is that this be done correctly and transparently. We look forward to the Board’s response by Friday.
Sincerely,
Pilar
8) Renee Lauber (MNA Board member) replied Thursday evening (10/31).
Thank you for sharing your concerns with the board. There is not an official MNA Board response to your concerns as we have not had a board meeting to discuss or take action on the election. As one of the officials overseeing the election, I can and will put this item on the agenda for the November 18, 2019 board meeting for action by the board.
NEIGHBORHOOD PARK THREATENED
This email that went out early this morning is most disturbing.
Dear Neighbors,
Willy Street Park, the all-volunteer community corporation that owns and operates the park at Williamson and Brearly Streets, has been threatened with a funding cut-off by the Marquette Neigbhorhood Association. Apparently in retaliation to public protests over the recent MNA election by neighborhood activists, who happen also to be active for the Willy Street Park, Lynn Lee has written to Park members that he will no longer work on Willy Street Park projects, or advocate for the Park, which he has done for some years. He also wrote that he now considers the annual subsidy that MNA has given the Willy Street Park Society since it was organized in the 1980s, $500 last year, should go elsewhere.
Willy Street Park Society Inc. is a very small group. It has changed personnel, all volunteers, slowly in the 40+ years of successful community park operation. The small annual budget is raised primarily through community plant sales, a bulb sale booth at the Fair, and small donations. Costly tree work is needed in the wooded garden, and the?? board of directors has been saving up to cover it.?? Volunteers have worked the countless hours of property chores, corporate chores, fund-raising chores, political chores, arts events and social chores, needed to keep the park going for the community, knowing the neighborhood had our backs.?? MNA’s sustaining contribution has reflected the broad community support for keeping green space open on Williamson Street.
Is that no longer true? Can’t we count on the neighborhood? When the park was organized, MNA undertook to fund the commercial insurance needed to keep it safe. Mr. Lee’s threat to the safety of the park and the community is a glaring betrayal of this years-long commitment.
Does this threat mean that all neighborhood volunteers must expect to have their charities attacked if they participate in MNA?
Bill Jolin
People, of course, immediately stepped up to donate.
WHAT’S NEXT?
Should be an interesting board meeting November 18th!
Challengers to the election results are correct; Colleen was elected and then resigned, the board needs to fill her vacancy by the established rules. Not difficult at all.