Subject: Shareholder Meeting “Clarifications”
Just a few issues I would like to “clarify”
Issue #1: Comments were made at the meeting that the previous admonishment letters to Jerry had not been rescinded – please see below:
Minutes of Board Meeting
GlenLakes Golf Club, Inc.
December 15, 2016
Meeting was called to order by President, Tom Spangrud. Other attendees included Vice President, Linda Hewitt; Treasurer, Nancy Syphurs; Asst. Treasurer, Kenny Whiten; Secretary, Merlene DuBose; Board Members, Gary Kobylski and Bob Lohr; General Manager, David Musial; and 2017 newly elected Board Members, Don Cook Ron Yetmar and Ed Hewitt.
“Board received a letter from the attorney for J. DuBose. The letter demanded that the admonishment letters DuBose had received from the board be rescinded. Board agreed. Spangrud will send letter to DuBose rescinding the letters.”
Minutes of Board Meeting
GlenLakes Golf Club, Inc.
February 22, 2017
Meeting was called to order by President, Don Cook. Other attendees included Treasurer, Nancy Syphurs; Asst. Treasurer, Kenny Whiten; Secretary, Merlene DuBose; Board Members, Ron Yetmar and Ed Hewitt; and General Manager, David Musial. Bob Lohr, Vice President, was unable to attend the meeting.
“Minutes of the December 15, 2016 board meeting were approved as written.”
Note: Copies of these minutes are in the book at the clubhouse and are available to all shareholders for review/verification
Below is the letter from the attorney that resulted in rescinding the letters
SEMMES LAW FIRM
PERSONAL SERVICE. PEACE OF MIND.
FOLEY - FAIRHOPE
December 7, 2016
31 1 S. MCKENZIE ST.
PROFESSIONAL OFFICE BLDG
FOLEY, AL 36535
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 Cafe, LLC, which is a tenant of GlenLakes Golf Club. Given this lessor / lessee relationship with the Bunker Cafe 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, Esq
Issue #2: Merlene DuBose acted inappropriately while trying to resolve the controversy about Jerry DuBose
I was charged by the board to provide the information regarding the allegations to J. DuBose and get his response. That is exactly what I did. Jerry agreed that he had dropped the “f” bomb and offered his apology – he denied all other allegations and demanded a hearing. Once he found out that the complaint against him had been a phone call with no follow up in writing, Jerry sent an email to Don to caution him about making such unsubstantiated accusations without allowing for a hearing (copy below) – Reply was, talk to my attorney – Jerry hired an attorney and I recused myself from any other dealings in this matter.
Summary: special board meeting called; Cook read from a document regarding the accusations against Jerry; Board charged me with giving the information to Jerry and trying to resolve the issue; later found out that all this was based on a phone call with nothing in writing; several emails and a couple of phone calls later, it became apparent that no resolution could be reached largely due to the board’s total refusal to even consider Jerry’s comments – I recused myself – Jerry takes information to lawyer who fires off a form letter to Cook, etc. demanding recant of the allegations – Board goes ballistic accusing me of giving Jerry information – what! I did exactly what the board charged me to do! The Board’s position appears to be - you are being accused, you are convicted and this is your sentence BUT you cannot know what you are being accused of BUT if you find out, you cannot share with anyone especially your attorney regarding the accusations. How ridiculous is this – there was no real effort to resolve this issue - only a predetermined outcome with a total disregard for facts or due process.
From: Jerry DuBose [mailto:firstname.lastname@example.org]
Sent: Wednesday, June 21, 2017 7:26 PM
To: 'Don Cook'
Subject: Hi Don,
When I saw my Lawyer this morning I was under the impression that you had received a letter about the pool incident. My Lawyer needed a copy of the letter to see what I was accused of doing to let me know if we had a case to go forward. Today, Merlene told me that you did not get a letter but it was a phone call and you wrote down what was said. Also that there was a person listening in to the conversation on her end.
Since I disagree with some of what was said I hope you did not hear it wrong or mistook what was said over the phone. The wrong interpretation could really open up a mess legally and a lot of wasted lawyer money on both the Golf Club and my end. My Lawyer said I have a right to the information given to you and the name and address of the person making the accusations. He needs this information if we decided to file a libel suit against her if you wrote down her statements correctly.
The "RULES AND REGULATIONS" established Sept 2015 as to how to handle matters are posted on the website and around the Clubhouse to protect everyone. It looks like the Board is singling me out and is not following its own rules and regulations by going straight to the Third Offense without a first or second offense.
RULES AND REGULATIONS
The following should be provided when reporting misconduct:
- · Name or golf cart number of offender
- · Name of another group member at the time of infraction
- · Date, time and location of infraction
- · Witness to the infraction other than person reporting the infraction
- All reporting members are kept confidential. The Head Golf Professional and General Manager will adjudicate all infractions and issue appropriate action under authority of the Board of Directors of the Club.
Any misconduct or rules infractions will result in disciplinary actions:
First Offense: Verbal warning
Second Offense: Written warning and $100 fine
Third Offense: Suspension from golf course for a time deemed sufficient by the Club.
Reference Minutes of Board Meeting, September 12, 2015 “Regulations and rules of the club will be reviewed by board members and comments provided to Syphurs who will finalize and have posted to the web site, bulletin boards, etc.” Same subsequently posted to web site.
Thanks for your help with this. Jer
Minutes of Special Board Meeting
GlenLakes Golf Club, Inc.
June 20, 2017
Meeting was called to order by President, Don Cook. Other attendees included Vice President, Bob Lohr; Treasurer, Nancy Syphurs; Asst. Treasurer, Kenny Whiten; Secretary, Merlene DuBose and Board Member, Ed Hewitt. Ron Yetmar, Board Member, was not present.
“The board agreed that M. DuBose should provide the information to J. DuBose and get back with Cook by the next day with J. DuBose response.”
Since I was voted off the board, I do not know if these minutes were approved but I do know and the board members know that this is a true statement
Issue #3 – going on and on about how important it is to take action on the purported accusations – if not the club could be in real trouble – believe these are pretty direct quotes.
How many of you have dropped the “f” bomb at the club and/or at the pool? How many of you have been critical of other members? For that matter, how many of you have been critical of management? Do you REALLY think you should be banned from the course? Do you really think anyone would even consider it? Think about this – if any other name but Jerry DuBose had been mentioned, how many of you would be outraged that these “extreme” actions had been taken? In my opinion, you are being used by a handful of people who hate Jerry and will stop at nothing to “get” him – example – the destruction of the game park for absolutely no reason except to “get” him –
Issue #4 – Some of the shareholders asked what Jerry was charged with that was so damaging it led to being barred from the course – somehow that question was never really answered
1. Offended a member with inappropriate comments – asking her if she needed help putting on suntan lotion – and continuing to “stare” – Really?
2. Continued to talk negatively about the club management especially the General Manager and offered one of the ladies $30,000 or $1,000 for every person she could get to file a complaint against him – there is a long story about this – at an earlier Shareholders meeting Whiten claimed that “Jerry had approached 30 to 35 people in the development asking for donations to buy a shuffleboard table for the club” – at a later meeting, when asked to provide the names of these people in order to prove those allegations, Whiten said “you prove it” – Jerry told the lady/ladies that he would pay them $1000 each for anyone who would substantiate Whiten’s claim – Jerry has delivered this same spiel to several people but Musial had nothing to do with it at all
3. Encouraged the pool members to not go to our contracted food and beverage but go to Butts on the Green – he didn’t but even if he had, so what!
4. Used foul language by dropping the “f” bomb – guilty as charged and accepts responsibility
Those are the dastardly charges – wow!
Frankly, this has got to be one of the dumbest things I have ever seen and I worked for the Government for 30 years!