||| FROM CAROL ANN ANDERSON |||
Recently, Teri Nigretto falsely accused me and Ron Claus of violating the law in an email to all EWUA members, on the EWUA website, in the Islands Sounder, and in the Orcasonian. Publishing and falsely accusing someone of a crime opens Teri Nigretto and all EWUA members to legal jeopardy. We ask/demand that Nigretto retract and issue an apology.
Teri misused the meaning of the word “fiduciary” in her article. An alleged breach of fiduciary duty is only actionable in a court of law if there is proof that the plaintiff suffered damages because of the breach. In this case, the original breach of duty took place when the former directors and officers botched the 2023 election and denied all members their right to choose the directors who represented them.
As EWUA directors, our primary fiduciary responsibility is to the members of the EWUA — not the members of the Board. If we think EWUA members’ rights or interests are being violated by the dominant board faction or when the four signed documents that Jim Nelson submitted to the Court are not accurate, then we must publicly say so and correct the record. To be clear all we did when we submitted our affidavits to San Juan County Superior Court in the Farm to Market LLC lawsuit against EWUA, was tell the truth, and that is all. CR 56(A). Furthermore, we all may still be subpoenaed as material witnesses for trial. CR 45.
During the July 3 hearing on that lawsuit, EWUA attorney Rochelle Doyea did not dispute the inclusion of these sworn statements in the Court record, and Judge Kathryn Loring, in fact, accepted them as valid. In addition, EWUA’s attorney could have requested a protective order had she objected to the statements under CR 26 (C).
They are now officially part of the open, public record. Interested readers can access these statements at recallwater.com under “Our Statements.” A major thrust of that lawsuit is that our fellow board member Jim Cook was inappropriately excluded from voting on important board matters until the January 16, 2024, board meeting. No persuasive justification has yet been offered for his exclusion.
One such important matter was the appointment of a person to fill the seat left vacant by the resignation of Joe Cohen in November 2023. In a closed special meeting on January 9, 2024, Leith Templin was appointed to the Board only because director Jim Cook was prevented from voting.
We contend that the dominant board faction, consisting of Teri Nigretto, Jim Nelson, Michael Cleveland, and, later, Leith Templin, manipulated the EWUA elections and appointment process to maintain control of the EWUA board. In so doing, they have violated the rights of EWUA members to a fair, unbiased choice of who represents them. This is a major claim of the Farm to Market lawsuit, which we support. The recall
is necessary, even if the Farm to Market lawsuit is successful. It is also an important claim of the current RecallWater effort to recall these four directors and replace them with individuals who are more faithful to EWUA members’ interests.
If you agree, we urge you to sign the petition and proxy forms accessible at RecallWater.com.
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Thank you for further clarification on this matter.
There is a lot to take in …but worthy of interest for each member. Petition and proxy signed.
Wendy
My jaw dropped when I read the title of the Sounder article, declaring that Carol Anderson and Ron Claus had broken the law by telling the truth.
As a long-time author of many, many articles in the regional and national press (see my website), I fully recognize that a publisher has final say over the choice of titles. But I wonder aloud how this particular choice may have been influenced by the purported author, Teri Nigretto, or by those who influenced her to make such an unsubstantiated claim in public.
I have to admit that Teri — whom I voted for in the last EWUA election — has not shown the leadership I had hoped. In fact, I had not expected her to become the President of the EWUA Board of Directors in her very first term, given her lack of experience in non-profit management. That “leadership” has unfortunately been characterized by EWUA board meetings that degenerate into shouting matches between opposing factions. A president who understands and enforces Roberts Rules of Order would have done much better.
In the current situation, as Carol Anderson points out, Teri obviously does not understand the meaning of “fiduciary responsibility.” A board member’s primary fiduciary responsibility is to represent the rights and interests of the members he or she has been elected to represent. Their secondary responsibility is to be faithful to other members of the board. Carol and Ron have obviously chosen to follow their primary responsibility in submitting affidavits in the Farm to Market lawsuit.
I applaud their courage in doing so.
When it comes to free speech this is what the Washington Constitution states;
” SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.”
Which is why I appreciate both Wendy’s and Michael’s responses… also being examples of free thought and free speech.
“One attorney on an island… business is poor. Two attorney’s on an island… business is thriving.”
I applaud Carol Ann Anderson’s courage in speaking up on behalf of members of which I am one. Thank you Carol.
Thank you, Susan. I appreciate the support. We all need to consider voting for the recall. Business as usual is not an acceptable use of our time or money. We need a talented and honest board to run the Eastsound Water Users Association. For those who have not visited please go to recallwater.com to sign the petition and the proxy. Thank you.