A meeting held on March 26th at the ASADA Surfside Office, to resolve an issue regarding who was to sign the official Books for the Surfside ASADA General Election held in January.
The issue was raised by the incoming Board simply seeking to determine whether the outgoing Secretary and President signs the minutes recognizing the newly elected Board, or whether the newly elected Board Members sign.
The lawyer, Lic. Andrea Chacon from San Jose representing the Legal Department of AYA, determined that the new Secretary and President would sign the Book, and added that the outgoing Secretary could not enter her minutes because the New Board takes effect immediately following the election. This ruling contradicts both the Surfside ASADA Bylaws and Law 218. She clarified that there was another law that applied in this case which was unknown to anyone at AyA or any ASADA until 3 days prior to our meeting.
The Secretary requested to have the ruling in writing and to be able to confirm with his lawyer that this authorized him to sign the official Books, noting that the minutes were not written by either Secretary and were not approved by the Board. He was asked to sign the ruling letter and told by the translator for AyA that this meant he accepted it, which he could not agree to until consulting with his lawyer.
The AyA lawyer then instructed the incoming President, Lourdes Valverde, that she could assign someone to fill the position of Secretary, since he was refusing her ruling and since it was over 60 days since the election. The incoming Board had made several inquiries prior to this meeting and received written rulings from AyA in Liberia that the outgoing Secretary was to sign. She further stated that she could call a new election for the position of Secretary.
Without any further debate or consultation with the Community Members of the ASADA, an Extraordinary Meeting was called on April 13th, where a new Secretary was elected.
The duties of Secretary are an important component of any Board, since that person is responsible for recording the actions of the Board and making them available to the Members. It is the only way the Members know what the Board of Directors agree to at their meetings and what actions the Board takes on behalf of the Membership they represent. Allowing others to take that responsibility away diminishes both the authority of the Board and the Association Members.
Removing an elected representative is a serious matter, and members of any organization should be concerned whenever governmental agencies make decisions that go against the wishes of the majority.
The positive note is there is a new Board of Directors representing the interests of the Surfside Community and their ASADA. We urge all members to get involved and stay informed. It is both your right and your obligation as Members.
We all need water.
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