Vote To Recall
There has been a lawyer retained (Jonathan Dessaules) to assist in ensuring the integrety of the recall process and vote. Since intial contact with the HOAs BOD lawyer Beth Mulcahy where she stated the lawyer would be involved in all communications regarding the recall vote, there has not been any responses to Jonathan Dessaules. We are now two weeks since the recall has been “postponed” with no attempt to reschedule a recall vote or any communication regarding the recall vote from the BOD or their lawyer. With this, we have sent them another email requesting they reschedule the meeting as it is Arizona State Statute that a recall vote is to be held within 30 days of petition being turned in ARS 33-183, we are now at 43 days after submitting petition.
Jonathan Dessaules sent an email to Beth Mulcahy requesting that a new date for a special meeting for a recall vote be announced. Due to the current situtaion it was requested that the vote would be conducted by mail in secret ballots, to be mailed directly to her office to which her and Jonathan would count together. This email has gone unanswered.
It was discovered that the electronic ballot system is a software program that the BOD has purchased for our voting, this is not a third party, our board and manager have access to our votes casts when they are cast electronically, and who residents cast their votes for. This raises a multitude of issues, and is highly suspect as to the reasoning of “postponing” the recall vote when they held a board meeting just 5 days prior to appoint their hand picked new board members.
The BOD moved forward with a virtual meeting due to social distancing rules being put into place, the community has been requesting virtual meetings for years, years this request has gone unanswered. This meeting was not a video meeting, we do not know who was there. There was no opportunity to “speak” at this meeting, the most the residents could do is type out a question in the chat box. Numerous questions went unaswered by the BOD. Simone, our community manager, did most of the speaking. They held this meeting for one purpose, to appoint new board members to replace the vacant seats created by the resignation of BOD directors. There were a number of names brought to the table such as Ken Hassen (the runner up in the last election), Kelly Bieath, Chris Tarjeft, Michael Feldman, and Donna Ebertshauser. All canadites that are qualified, three of which were on the last ballot. The only individual that was seconded was Ken, Ken was not given the opportunity to address the community in the chat box although all other canadites were. The vast majortiy of online participants requested Ken be appointted. They actively ignored the community, and the vote failed 2-3 with Marci Johnson, Melissa Scovel, and Todd McCoy voting no. Their reasoning….“because we can”. The two individuals that were appointed were the two individuals that Marci and Melissa brought to the table. We now have two new board members appointed by the two individuals that are in the middle of a recall. They ended the meeting with postponing the recall vote, which was to be held just 5 days after the open board meeting.
Residents began recieving ballots as well as recieved an invitation to vote via email. The voting ballot is found on the back of the instructions. With this it states that the vote will be held on March 24, 2020 at the clubhouse, but all electronic votes and mail in ballots have to be recieved by March 23rd at 5pm.
The petition to recall the President (Marci Johnson) and VP (Melissa Scovel) was delivered during the February open board meeting. This petition had over 300 signatures and by Arizona State Statute they have 30 days to call the recall vote. By law they have to give us 10 days notice of the vote, until then they will work on verifying the signatures on the petition.