SOMETHING ROTTEN IN ABATE OF COLORADO?

It seems there’s more than a little unrest within ABATE of Colorado. This letter, authored by Steve Turner, found its way to us unsolicited. It seemed important enough to share here. Could it be the unorthodox ways of that groups’ leadership are finally causing serious damage to the organization that is supposedly dedicated to protecting the interests of all Colorado motorcyclists? Read for yourself.

Dear ABATE Members and Rider Coaches,

It appears that my irrational ranting may have actually have gotten a few ABATE Members interested in what’s going on with the ABATE board. Some of you have asked for a few facts, so I’ll put down my sharp stick and stop poking at them and instead give you the facts as I understand them.

I think the best way to do this is to handle each topic separately and I’ll use my resignation letter to do that. My original letter of resignation will be in capital lettering, and the facts as I understand them will be in normal script.

Some of you are going to read this and decide that I am trying to make this is all about me, and I’m just whining for attention. Please remember that I can only comment on what happed to me and will use myself as the example. I don’t know any other way to get this done.

SUBJECT: SBOD ACTIONS
THE FOLLOWING HAS BECOME APPARENT DURING THE LAST 2 MONTHS
1. THE BOARD IS UNABLE OR UNWILLING TO COMPLY WITH ITS OWN POLICIES OR BYLAWS.

ABATE of Colorado uses Roberts Rules of Order (RRO) when it conducts its meetings. Specific violations of these rules occur at almost all board meetings, here are some:

a. The in accordance with RRO the chairperson shall not engage in discussion while they are functioning as the chair. Terry engages in and for all practical purposes controls the discussion at the meetings. She announces the issue; then she immediately gives her opinion on the issue and often suggests what motion should be made to resolve this issue. She often allows the board to start discussion without a second to the motion.

b. At times in the past rather than actually wait for a motion and a second or discussion on an issue she has asked for a consensus on the issue, no voting just “do we all agree?”

c. Motions made outside of a meeting are allowed. How can you make a motion when there is no meeting? This was done by Jim Bunn in his attempt to remove me from the board.

d. Motions are tabled to suppress discussion; this is actually allowed by RRO, but with great reluctance. But you can’t table your own motion just because things aren’t going your way. This was done by Jim Bunn with his motion to remove me from the board.

e. Motions that are tabled at any time and especially while meetings are in recess can’t be amended. This was done by Jim Bunn.

ABATE has many written policies that guide its actions, one of those is the financial policy. Here is a specific violation of that policy:

a. The policy allows the State Coordinator (SC) to spend up to $5000.00 annually when necessary to keep the business functioning. When this happens 2 things are required to occur, the expenditure must be absolutely necessary to keep the business going and the state treasurer must approve the expenditure. This did not happen; $4000.00 dollars was spent by the staff to sponsor the racer. Was this was absolutely necessary to keep the business going? The state treasurer was not even notified until after the fact.

b. If you ask to see this policy, chances are good that you will be shown a policy that will be said to have come from me. I was the Chair of the steering committee and wrote the policy in question. However, a bogus copy of this policy has been distributed to selected persons. In that policy the words have been changed or removed to support the board’s position.

Some ABATE By-law violations:

a. Each year the state treasurer is required by the bylaws to cause an audit of ABATE. In all the years I was a board member this has not happened.
b. The SC is defined by the bylaws as an executive officer; the bylaws require an election of these officers every two years. Regardless of whether or not the board my appoint or employ the SC as is also stated in the bylaws, the bylaws still require an election.

c. Terry’s term as the ABATE SC expired on 31 Dec 2009; there was no election for SC in 2009. On the 16th of January 2010 she called a special meeting after the Officer Training Seminar (OTS.) The bylaws specifically say that only a majority of the board members or the SC can call a special meeting, remember her term expired on 31st of December. When this issue was raised at the special meeting, Jim Bunn said that he called the meeting. Is one board member a majority? This is the meeting where Terry suggested to the board that someone should make a motion to appoint and employ her; which was done, and now Terry can only be fired by the board and an election for that position can’t be held. Given the current board structure and attitude, essentially, she is appointed for life.

d. The ABATE SC is charged with the following duties by the bylaws:

Supervise/manage the business and affairs of the corporation.

a. This is Terry’s normal day to day routine job; the board thinks she has done such a great job that they give her a raise every year. If that’s true how come she can’t stick to a budget, exceeding some line items by almost 200%? If she’s doing such a great job, in a job she has held for 8 years, why has it coast more than $15,000.00 to get the financial books straight. Why has ABATE finished this year as much as $52,000.00 over budget, by some estimates? Would your boss allow you to do this?

Preside at all meetings of the Board, and is an ex-officio member of all standing committees.

Oversee the activities of all other officers.

a. If she is doing her job, how come no treasurer has been reprimanded for not causing an annual audit as required by the bylaws? How come the books were allowed to get so screwed up?

Cause an annual written report of the affairs of the corporation to be prepared.

a. To the best of my knowledge in my time on the board this has never occurred.

Present such annual written report to the Board at the first regular annual Board of Directors meeting.

a. To the best of my knowledge, in my time on the board this has never occurred.

2. THE BOARD HAS DEMONSTRATED ITS ENTHUSIASM TO SURRENDER ALL ITS AUTHORITY IN A MISTAKEN ATTEMPT TO AVOID RESPONSIBILITY.

a. Board members have willingly stepped back from governing ABATE stating time and time again in meetings (by their actions) that Terry can handle that, we don’t need to look after it. It is my opinion that the board believes that they can escape responsibility for governing this organization if they give the authority to someone else.

b. Please note that at the November meeting the board did form committees to handle some of the governance functions.

c. The board when questioned by the ABATE Legislative representative about the inconstancies on the IRS Form 990’s during the January special meeting was for the most part silent. Terry even asked them if they wanted to see the 990’s, one board member said, “I guess I could be a better board member.” The rest of the board just dismissed the issue. This was the form on which Terry specifically stated that the form would be reviewed by the board at the next meeting after the form was filed, that would have been the September meeting. This didn’t happen; the board never reviewed the IRS 990’s.

3. THE BOARD HAS SHOWN THAT IT IS WILLING TO TOLERATE CONSPIRACY AND INTIMIDATION OF ITS MEMBERS, BY OTHER BOARD MEMBERS.

a. After Jim Bunn made his motion to have me removed from the board a special meeting was called by the SC. As part of that meeting many emails were exchanged by board members of whom I was still one. At some time during this exchange of emails I, and fellow board members who supported me stopped receiving emails. It was noted by another board members that our personal email addresses had been removed from the email headers. Thus when a board member used the “reply to all” function we weren’t getting any emails and thus not part of the discussion. The email headers did contain our official ABATE email address, in example staterecordingsecrtary@abateofcolo.org but for some reason the ABATE website stopped sending those emails to us and we were unable to log onto the website email box. Coincidence? I don’t think so. I suppose it could have had something to do with ABATE putting up a new web site, still it is the responsibility of the chairperson (SC) at any meeting to ensure that all board members are getting all of the communications.

b. During this exchange of emails and prior to me being cut out of the discussion Brad let slip information that could only have come from the staff. Specifically my request for the Form 990’s (ABATE’s annual tax return) a form that is a public document by the way, required by federal law to be made available to anyone who asks for it. The only way this could have happened is if discussions were taking place outside of the special meeting emails, thus my charge of conspiracy. Telephone and email conversations were taking place of which some board members were excluded.

c. The phone conversations mentioned in the previous paragraph were made by the staff of ABATE, this was confirmed by Terry. What is the staff doing involved in exclusive board communications within the context of a special meeting? Terry will tell you that it’s OK for the members to be involved. If that’s true then why weren’t all of the ABATE members included in the email discussions at meetings? Why are only selected members, and then only members that the SC selected, to participate? This is a clear violation of common standards of ethics.

d. Many of the emails addressed to me and some of the comments made at board meetings contained profanity and suggested I were acting childishly and needed a diaper change. Well, so you found that funny, too? Even if you did or didn’t the tone was clearly threatening and intimidating.

4. THE BOARD HAS SHOWN THAT PROPER LEADERSHIP IS UNIMPORTANT.

Defining leadership is hard, all I can say is this; that a real leader, a proper leader would have never let this situation degenerate into what it has become. Where was the call from the board for someone to take charge, for someone to get things back to a rational and civil tone?

5. THE BOARD HAS SHOWN THAT IT IS WILLING TO ENTHUSIASTICALLY REWARD POOR JUDGMENT.

Judgment is a subjective term. I would ask that you re-read the paragraph above labeled: “d. The ABATE SC is charged with the following duties by the bylaws:”

6. THE BOARD HAS SHOWN AN AMAZING INABILITY TO TOLERATE DISCUSSION, QUESTIONS OR DIFFERING OPINIONS, INDEED IT REACTS IN A CONFRONTATIONAL AND HOSTILE MANNER IF ANY DISAGREEMENT WITH GROUP THINKING IS SPOKEN OR DISPLAYED.

If the board had the ability to tolerate these things and act in a calm rational manner why or how could it have allowed the following to take place?

a. Lou jumping up out of her chair and shouting at me “what is your problem?”

b. Jim Bunn stomping out of the meeting yelling “how the hell can she do her job when all you want to do is tie her hands?”

c. Terry jumping up from her chair and leaving the room while yelling “I will not be micromanaged!”

d. Could a board how allowed disagreement charge me with “voting no?” Yes, a board member made it a point of his argument that “Steve often votes no on things”

e. Terry expressed in a recent email that “we all are entitled to our opinions.” If we are all entitled to our opinions why are I, and two former board members who dared to express their opinion, now unemployed rider coaches?

f. Terry has expressed a desire to discuss things in a civil manner, how civil is allowing the board to fire three rider coaches, who were board members, for something the board thought they might do, but have never done? Yes, those three rider coaches are the same three executive officers who resigned from the board.

7. THE BOARD IS TOTALLY OUT OF TOUCH WITH ITS MEMBERSHIP BASE.

This again is a subjective comment, but if it weren’t true, why have I got so many emails from members in and out of my old district asking to please explain what is going on, as their district representative isn’t talking or won’t even answer their phone calls.

If # 7 above is false how come so many of the members who have contacted me expressed rage and disbelief about the bylaw changes. Their district representative should have explained this clearly a long time ago.

8. THE BOARD HAS ABANDONED MANY OF THE IDEALS AND PRINCIPALS OF OUR OWN US CONSTITUTION AND OF THE MANY FREEDOM-FIGHTING ORGANIZATIONS, SPECIFICALLY, THE RIGHT TO FREE SPEECH, THE RIGHT TO DISAGREE, THE RIGHT OF REDRESS OF GRIEVANCES AND THE RIGHT TO KNOW THE SPECIFIC CHARGES AGAINST YOU.

In an attempt to stop my right to free speech Jim Bunn made a motion to have me removed from the board. In a violation of right to know the specific charges against me, Jim Bunn refused to answer any of my questions about his vague and unsubstantiated charges. In an attempt to stop my disagreement with board practices the board conspired to have me removed. In an attempt to suppress my right to redress of grievances the board cut me out of the communications loop and refused to answer any questions that were put to them.

9. THE BOARD HAS DEMONSTRATED ITS WILLINGNESS TO TOLERATE THE APPEARANCE OF INSIDER DEALING AND QUESTIONABLE FINANCIAL REPORTING.

What would you call it if a board member goes into Terry’s office one afternoon and after some time comes out with Terry, who announces that from now on all rider coaches will be required to have a First Aid and CPR certification if they want to teach classes for ABATE. Please note that this board member, who was in the office with Terry, is certified to teach these subjects in classes that will be offered by ABATE, for a reasonable fee.

10. THE BOARD HAS DEMONSTRATED IT IS WILLING TO GIVE AWAY ALL OF ITS OVERSIGHT DUTIES.

Until the board meeting in November the board had consistently shown that it didn’t even know it had oversight duties. They have fixed some of those deficiencies since then. This assumes that those committees that were formed have done or are doing their job.

Questions you should ask:

How could the board fire three of its better coaches for no reason? We did receive a certified letter from ABATE saying that we were fired for the statements we made in our resignation letters. Please re-read the capitalized portion of this email, did I say anything about Rider Education?

If Steve is wrong why did two other executive board members along with eight D2 officers resign with him?

Why would Terry attempt to introduce at the November State officers meeting the concept of taking away the voting rights of the State officers in the positions of Legislative, Secretary and Treasurer? Was it because we were the ones asking the tough questions?

Why did Terry say that no member’s money was spent on the racer? Isn’t any ABATE money the members money? Don’t those members get a say in how that money is spent?

How could Terry justify giving herself and staff a raise in the biggest downturn in the economy since the 1930 depression? She will say that she and they didn’t take the raise, well if you knew there wasn’t going to be any money for the raises why not do the wise thing and not suggest it at all?

Why isn’t there a better method to communicate with ABATE members? It sure seems like district representatives aren’t communicating very well?

Why would Terry go to a board meeting and say “I decided to sponsor a racer for $2,000.00” this was later changed to read in the minutes at her insistence to read “the staff decided to sponsor the racer.” The annual profit and loss statement shows that actually the amount spent was $4,000.00! Who authorized the staff to make these decisions?

The members must start a revolution; a revolution to take this organization back, back from the people who have lost touch with the mission and members of ABATE. Show up at the next board meeting with 30-40 members, challenge the board members to set up a direct form of communication with the membership. Tell them you want to take elections back so that every member has a chance to vote. Tell them that no bylaw changes may even be considered until the proposed change, along with a pro and con argument is included, for and against each suggested change and this proposed change is printed in the Spokesman for 90 days and then a vote of all members is to be conducted before any bylaw changes are accepted. Tell them to eliminate the state coordinator for life from the bylaws. Tell them that the members are in charge and make it so!

Steve