- Semmes Law Firm
- Personal Service, Peace of Mind
- Foley, Fairhope
- December 6, 2016
GlenLakes Golf Club, Inc.
Attn: Tom Spangrud, President
9530 Clubhouse Dr.
Foley, AL 36535
RE: Jerry DuBose
Dear Mr. Spangrud:
Mr. Jerry DuBose contacted me regarding GlenLakes Golf Club’s actions against him.
Your letter of August 12, 2015 indicated that certain procedures were written and would be enforced. However, there is no information that shows that these procedures are being enforced as general rules for all club members, shareholders and guests. It appears that these “rules” were promulgated specifically for Mr. DuBose, even to the point of restricting Mr. DuBose from disseminating the contents of the August 12, 2015 letter.
Secondly, the letter of October 8, 2016 simply refers to Mr. DuBose’s “actions of the last few weeks”, but does not set forth any specific violations that you assert that Mr. DuBose has committed. Looking at notes from the minutes of the Special Board Meeting of September 24, 2016, it appears that the Board has simply engaged in allowing unsubstantiated accusations of violations and character attacks without accurate information or allowing Mr. DuBose to address the alleged violations.
Your subsequent email of October 14, 2016 seems to indicate that Mr. DuBose’s email regarding the sub-standard food is the main issue, while again setting forth unsubstantiated violations without the opportunity for Mr. DuBose to respond.
I would specifically note that the email sent by Mr. DuBose on September 17, 2016 was a complaint about the service and quality of food being served by the Bunker Café, LLC, which is a tenant of GlenLakes Golf Club. Given this lessor / lessee relationship with the Bunker Café, any criticism of the food or service by Mr. DuBose is not regulated by either the “procedures” set forth in your letter of August 12, 2015 nor the GlenLakes Golf Club Member Rules and Regulations.
Lastly, it appears that it is only possible that Mr. DuBose could have been on his first offense of GlenLakes Golf Club Member Rules and Regulations, and the stated disciplinary actions. The Rules and Regulations were adopted/posted after the Board meeting of September 12, 2015. Any alleged infractions that happened before the publishing of the Rules and Regulations should not be governed by the stated disciplinary actions. To do so would effectively make the stated disciplinary actions an ex post facto regulation.
Mr. DuBose hereby demands that the GlenLakes Golf Club, Inc. board rescind both letters of the supposed infractions or provide Mr. DuBose with a written list of specific infractions and evidence, thereof, and give Mr. DuBose the opportunity to address the allegations personally.
If you have any questions, please feel free to contact me.
Marcus A. Semmes