|
FOUNDATION:
Foundation Trustee
Report
December 17, 2008
Commander
Posey, Members of the Executive board, and Fellow AMVETS,
Just
recently I attended our National Executive meeting in Baltimore.
At this time I would like to give you 'an outline of events that
have transpired concerning the California Service Foundation and
its parent AMVETS Department of California.
The
Department of California and the California Service Foundations
are Organizations that are governed by National Constitution and
its' national by laws. They are also governed by the Department
of California Constitution and its' by laws. Since the
department of California and its subordinate California Service
foundation are non- profit charities, they are also governed by
California corporate law.
California
corporate law requires that non-profit charities conduct its
business in a way that is transparent and the way it conducts
its business is subject to public scrutiny.
This outline will
give the membership and its' officers the
chronology
of the events that transpired between the California foundation
officers and the department of California and its Executive
Board Members.
I.
At a
monthly meeting of the service foundation two officers terms had
expired.
II.
The
California Constitution and its’ by laws clearly stipulate that
all service foundation officers shall be elected by the
membership of the AMVETS Department of California at its annual
state convention. However, if the convention is not near in
sight, the state commander has the authority to appoint a member
to the foundation. The Service foundations constitution and its’
by laws do not allow for its members to elect themselves to
another term on the board of trustees. They are under the
jurisdiction of National and California constitution and its! by
laws.
III.
The
Service foundation trustees decide they will change the
constitution and its’ by -laws so they can have the authority to
re-elect trustee members at their monthly meeting, circumventing
National and State departments Constitution and its' by laws.
For service foundation trustees to change National and
California constitutions and by laws to achieve their own agenda
is illegal according to our Constitution and by laws.
IV.
Commander
Pidgeon recognized what had transpired at a trustee meeting and
decided to take broad and sweeping action against the board of
trustees.
Whenever
there is a breach of the department of California's
Constitution, it is the
solemn
responsibility of the executive board to take swift action to
protect the
integrity
of the department's constitution and by laws. A failure to take
such action
against
trustees would make the executive board liable for not executing
its'
fiduciary
duties to protect its' State of California corporate laws.
V.
Lawsuit
was filed against Mr. Maness, Mr. Silva, Mr. Toledo, Mr. Kolano,
Mr. McDonald, and Mr. Devenish.
VI.
Superior
Court of California rules against trustees and finance officer
Joe Kolano.
Superior court judge orders board of trustees
removed from Service Foundations.
VII.
Department
of California installed a new board of trustees and interim
Chief Operating officer. Joe Kolano is relieved of his director
of finance duties with pay until outcome of these individuals
day in Superior Court. State Commander calls an adjudication
hearing for Mr. Silva, Mr. Devenish, Mr. McDonald, Mr. Kolano,
Mr. Maness. Charges were brought before these individuals. These
individuals were adjudicated in accordance with a National
Constitution and by laws; they were also adjudicated in
accordance with Department of California by laws and
Constitution. Every officer present at the adjudication hearing
voted 100 percent of a guilty verdict. Department of California
suspended all trustees involved including finance officer, Joe
Kolano, pending litigation that will take place on June 15,
2009.
VIII.
Executive
Board of Department of California traveled to National Executive
meeting in Baltimore. Trustees had filed an appeal of their
suspension with our National AMVETS Organization. National
AMVETS decided it would reinstate these individuals as
active members until the adjudication's final outcome.
IX.
Nowhere in
National Constitution or its' by laws gives its' officers the
authority to rescind an adjudicated verdict by the Department
of California.
X.
It appears
there is a political culture that has infiltrated into our
AMVETS Organization. It is imperative that we take corrective
action to protect the integrity of our organization. We as
Americans live in a democracy that is governed by our
Constitution and a checks and balance of power that is formed by
the executive branch, the judicial system and the legislature.
The preamble of our Constitution clearly stipulates we are a
government of the people and for the people in order to form a
more perfect union and provided for the common defense of its'
people. Many military men have sacrificed their lives to
protect our democracy and many veterans are wearing the scars
from the wounds they endured in the protection of this
democracy. We must make sure that the service of our military
men and women has not been in vain. We must make a concerted
effort to protect our AMVETS Organization. I have confidence
in our new board of trustees that the decisions they make in
dispersing the foundations funds will provide the much-needed
grants that our veterans are entitled to.
Commander
Posey, Member of the Executive Board, and Fellow AMVETS,
This
concludes my report. I move for its' adoption as written.
NEC
Report, Department of California
Filbert
Bejarano
Trustee Report and Meeting Minutes
REPORT
PRESIDENT/CHAIRMAN OF THE BOARD
AMVETS DEPARTMENT OF CALIFORNIA SERVICE FOUNDATION
My fellow AMVETS, I am pleased
to report to you the tremendous gains your newly elected Board
of Trustees have made in a mere five months since the
Convention last June. I was honored to be elected President of
the California Service Foundation unanimously by your
trustees. As I promised to the membership at Convention in
Sacramento, I will work tirelessly to restore integrity to
"YOUR" Foundation.
California has over 3 million
veterans. With your help, your Service Foundation along with
your Department Executive Board are working with the goal
making the Department of California the premier department in
AMVETS in 5 years!
With your landslide historic
vote for transparent and change in Sacramento last June, your
Service Foundation is now fully supporting your Department as
clearly defined by the Constitution and Bylaws of your
Department, your Foundation and your National AMVETS.
The mandate, you the
membership, have given your new trustees will not be an easy
one! The challenges we face are many. The once "impossible"
task of returning control of your Foundation back to the
membership has been realized. Together we have done the
impossible. Together we will reach our 5 year goal ... the
veterans of California deserve nothing less!
The first step restructuring
your Foundation began with the hiring of Mr. Marc Woods as the
Chief Operating Officer (COO). Marc's expertise is analyzing
weak or failing corporations recommending solutions to regain
viability. Next an interim Executive Director was hired, Mr.
Doug Bradley. Doug is a lifetime member of AMVETS and was a
Service Officer in the Los Angeles area for AMVETS. Mr.
Bradley comes highly recommended with a very impressive resume
in corporate management. Together Mr. Woods and Mr. Bradley
are currently hard at work developing the many programs;
systems and guidelines to insure both our Department and
Foundation are in compliance with all state and federal
corporate laws. In addition much work has been completed
updating the way we as AMVETS do business in California. Talks
with our business partners, reviewing contracts and all
related details. Updating our computer soft and hardware
systems to bring our business and accounting procedures into
the 21st. century. Further, we are hard
at work improving procedures and handbooks pertaining to our
employee job descriptions and benefits to ensure we as AMVETS
can maximize our service and benefits to the California
veteran.
We have fully funded the
Department of California. Your Department Executive Board
Finance Committee submitted their budget request to the
Foundation for consideration. Much time and work went into
ensuring your Department Budget was updated to a level of
similar departments in AMVETS and other Veteran Service
Organizations. The budget was approved by your Department of
California Finance Officer and the request was submitted for
1.5 million dollars to the Foundation. The budget request was
unanimously approved after careful consideration.
Commander Posey has tasked his
Chief of Staff to contact all posts to submit budget requests
to the Foundation. The response from the posts was alarming.
Many posts replied by saying they were sick and tired of
submitting requests, only to fall on deaf ears, never
receiving a reason for rejection. Others simply never knew
they were even eligible for funds from the Foundation.
Your Foundation Board meets
once a month. I encourage all posts to submit your budget
requests as soon as possible. Your board of trustees will
consider all budgets monthly. The sooner your requests are
received, the sooner you will see for yourselves how your
Service Foundation can assist you in helping veterans in your
communities.
As your President I will
promise you receive an answer to your requests in writing.
Further Foundation meeting dates and times will posted on our
Department website. I personally ask that you consider
attending to see you elected trustees at work. Our policy of
transparency is not just "lip service"! Please make sure your
requests are submitted 10 days prior to the scheduled meetings
to ensure proper consideration is given to your requests.
Also, please advise Foundations Headquarters in Anaheim if you
plan to attend our meeting.
A totally new and innovating
program has been funded by your Foundation in partnership with
Chapman University in the state of California. This
tremendously needed program will supply legal help to
California veterans through the state" free of charge "!
AMVETS Department of California is on the ground floor of this
innovated program virtually assured to receive national
attention.
Our reporting to AMVETS
National Programs in the past 5 months has been quite
astounding. With only @36 percent of our posts reporting we
have documented over 1.5 million dollars. Even though our
percentage of post participation is not impressive, our total
number of dollars is "outstanding"! To put this info into
perspective, California has already reported more than twice
the money as the largest Department in AMVETS. We encourage
you to submit your budget requested ... we will help you
report to National and you will see just how easy this program
works. The more we report here in California, the more we are
recognized at National. For us to become the premier
department in the country we must strive to have 100% post
participation. Can you imagine the amount of help we can do to
California veterans with all of our posts working together
with 100% reporting!
In conclusion, there is much,
much more to report of the exciting progress made by YOUR
Department of California and Service Foundation. If you have
any questions, recommendations or concerns, please feel free
to contact your elected officers or me. Working together we
will re-write the book on helping veterans in California!
Respectfully
James D. Pidgeon PDC
President
AMVETS Department of California
Service Foundation
RETURN TO FOUNDATION HOME |
