Random thoughts

Sharing some thoughts, ideas, and some laughs

STEP UP!!!!

8 Comments

So tomorrow is the big day. When we all gather together March 20th, 2013 it will have been two years since the last Lincoln County Humane Society’s Annual General Meeting, which is seven moths longer than stipulated by the Ontario Corporations Act, but hey don’t let a few rules get in the way.

I am really not sure why I am making the effort to write this post other than I made a commitment to a lot of people and even more animals most of which are now dead and more that shall die that I would try my best to STOP THE KILLING.

It has become abundantly clear that for whatever reasons and I am sure there are many, those in whom I thought I could trust and depend have at best manipulated the truth and more likely lied to me and a great deal of people as we all “fought” together to reform LCHS.

For the record, I still maintain that the most effective, efficient, ethical and moral manner in which to resolve the present situation regarding animal welfare in St Catharines and area is through shelter reform and by that I mean the present Board of Directors and subsequently management at LCHS must go.

I do not believe it is the job of St Catharines City Council to “fix it”. Yes I agree that under no circumstances should one single tax dollar be allotted to the present LCHS facility and its employees. Not one dollar!

It is true that LCHS is a private, incorporated business operating in St Catharines but contrary to those who believe otherwise City Council cannot and should not have the power to control how a business is operated even when the business carries out brutal killings of perfectly healthy animals every day. Wrong, yes, illegal no.

It has been my personal opinion since October 19th of 2012 the only manner in which there would ever be resolution was through legal channels. I still maintain this is the case. LCHS Board of Directors and Management continue right up to this minute are in non compliance with more rules of the Ontario Corporations Act than cats they have killed this month!

In October of 2012 a highly respected Corporate Lawyer advised  that Ann Davidson assuming the position of Chair in spite of her having allowed her membership to lapse is actionable.

Incredibly it could and should have all ended right then. Read the minutes of the October 20th secret board meeting. This is the meeting that was held behind doors prior to the AGM when 60 odd people crammed into a little room waiting for over and hour and a half to be recognized and heard. Look at the numbers, who was there and who voted for what.  http://www.lchs.ca/minutes/LCHS-Minutes-Oct-17-2012.pdf What is wrong with this picture?

At this very moment there are two variations of By Laws in the public eye. One is one the LCHS website and another that has been mailed to various acceptable parties (of which I am not one)

The ByLaws on the website are pretty innocuous with just a few revisions as of February 20th 2012. The other version, which is a virtual copy of the OSPCA By Laws right down to wording re Class A Class B Class C memberships, is about as offensive and restrictive as a set of By Laws can be. to see http://www.lchs.ca/pdf/LCHS-bylawsAmendmentsMar26-11.pdf

Now herein lies the rub:

According to legal advice;

S.129(2) of the Ontario Corporations Act states the by-law passed by directors is effective until next meeting of members where it is to be confirmed or rejected.

Therefore, any and all changes that are being recommended by the B of D are useless until voted in by the PRESENT membership, which includes life members. AND does not recognize PROXIES!!!!!!

Heads up folks! All those proxies that Annie Fannie and Kevvy have been running around accumulating mean absolutely nothing until the PRESENT membership decides whether they wish to incorporate proxies in the by laws!

This is an opportunity for all of those volunteers that were granted memberships and all others to whom membership was bestowed to step up and say NO!  No to restrictive memberships, NO to ridiculous rules for the nomination and elections of directors, This is the time for those same people to nominate directors from the floor. This is the time for all of these folks to STOP THE KILLING!

According to the minutes taken directly from the LCHS website the following people have the right to vote to make the right changes and to STOP the KILLING:

Drue Ellison,

Allison Noble

Michael Saunders

Alison Danecker

Karen Moncur

Linda Charley

Ann Davidson,  Present President

MaryLou Davidson, Former Director resigned January 2012

Michael Howe,  Former Directro resigned October 2012

Zeljka Worden

Elizabeth McGill

James Turpel,  Former Director resigned, came back resigned

Heinz Probst,   Former Director resigned and Present Director

Jennette Probst , Director

CHARLEY Robert

KLASSEN Ed,  Present Director and Membership Chair (excuse the expression)

HAIST Albert

HAIST Judy

DANECKER Alison

PROBST Christine , Present Director

PROBST Jennette

GHOSAL Rita,  Former Director TWICE last resignation October 2012 she’ll be baaaack

KLOKKOU Sarah,  Former Director (for 3 weeks) appointed Jan 2013 resigned Jan 2103

KOBYLKA Nadia,  former Treasurer Resigned January 2012

Chris Lamoire-Armes

Patricia Bye

Graeme Mcloughlin

Megan Pasche

There are many more that are not reflected in the minutes. Hey don’t ask me I just report what is available on the website.

http://www.lchs.ca/about_meetings.php

There are also a number of Life Members eligible to vote at least until such time as the right is removed which is also on the agenda for the AGM.

Please stop this travesty called LCHS and STOP THE KILLING

The following is the “other” set of proposed by lawsAttachment-1

Attachment-2

Attachment-3

Attachment-4 copy

8 thoughts on “STEP UP!!!!

  1. My view to your excellent posting, by order of paragraphs:
    1. Correct.

    2. Likewise, I.

    3A. Absolutely. One cannot trust what one is told, only what one’s eyes see. It would sometimes be best if one were deaf, then only the truth could be gleaned from another’s actions. Thorough observation takes times, unfortunately.

    3B. A truth of life: No one, unless they are a Chavez, a Castro, or a Hitler, can reform anyone or anything. And, particularly not from the outside. The desire to reform must come from within. Reform must come about by a raising up of the object’s own morals, ethics and integrity. A raising up can come by way of the actions and beliefs of every single person involved in that entity holding and being held accountable to hold to the highest standards of personal morals, ethics and integrity. The internal mass can then triumph. Should that way fail, however, then those who refuse to reform must be taught by way of education and shame. Education quite often comes in the form of legal action. Shame quite often comes through publication of the truth.

    4. See 3B., above.

    5. I partially agree in that it is not the City’s job to “fix” the rotten apples at the LCHS. I have been attempting to find the resolution of 21 January 2013. If the word “voting” has not been used in context with the word “membership”, I believe the City has lost its’ opportunity, this year, to make a difference. However, and this is where my belief diverges, the over-riding concern must be for the animals that are currently at the LCHS and that may yet be brought into the LCHS, either as owner surrenders, abandonments or transfers from other shelters. The City does not “pay” the LCHS to run, maintain or administer the shelter. I believe that it is only a requirement of the contract with the City that whatever party is awarded the contract must have and maintain a suitable facility for animal control, licences, insurance, business registration, et cetera. So, that still leaves many, many, many would-be LCHS residents unprotected in the face of diminished operating revenues. If the pledge is truly to not let one more animal’s life be terminated unnecessarily at the LCHS, or anywhere else for that matter, then it is time that the public and would-be heroes listen, learn and understand what is required to impel the needed changes to Board and management.

    6. I agree. Neither do I believe that society at large wishes for “big brother” to find yet another way to control our lives particularly with respect to private corporations, registered charity or not. City Council is acting within guidelines that they can reasonably be expected to operate vis-a-vis the requirements of open public membership of a registered charity with which it seeks a contract. I just wish I knew if Council took the extra step to ensure that membership was to be a voting membership.

    7. and 8. I agree. I know of several individuals who would be more than willing to contribute to a legal fund. But, there must be a clear mandate for any legal action of what and for how long or to what point legal action would proceed and continue. Protracted legal action would take years and burn through many hundreds of thousands of dollars. So, one still has to weigh up the benefits versus the disadvantages of instituting such action. Would it be many actions that are “short-lived” targetting one specific cause of action? Or, would it be a class action type of suit that would target the whole rotten barrel? Some of the current Directors’ lives could well naturally expire in the length of time for a legal action to reach a favourable conclusion. Hundreds, if not thousands, of animals may well continue to be unnecessarily euthanized. Hundreds of thousands of dollars would be spent that could have gone into the establishment of a new sanctuary/adoption/TNR/SN facility that could be truly beneficial to our animpals. So, although it is easy to say that legal action is the logical route there are many other considerations that must be given light and exercise.

    9. through end. A cautionary note: It is amazing how people’s perceptions of what was said in a particular situation can change over time. In matters of proof, the farther removed one is in time from the original occurrence of an event, amazingly the memory of what was said or done, changes too. It is also amazing just how easily words can be massaged to present one slant to a story or another. So, again, I would re-iterate that it is best to believe not what one has heard or been told, particularly in relation to the minutes currently posted online. I have my doubts that they accurately reflect the proceedings of the meetings.

    • Thank you for taking the time and making the effort to comment. You have given me pause for thought and for that I am grateful.

      Your comments, opinions and suggestions are very welcome.

      Kind regards

      Julia

  2. Thank you for your comments. I truly appreciate your insight, your opinion and the eloquence in which you have delivered your message.

  3. Thank you, in turn. On the heels of last night’s travesty a fascist regime has effectively been established. While the very being of me will not permit me to allow one more life to be sacrificed and will drive me to continue to work for their good solely, it is now time for the many to call for an investigation into the LCHS by the Public Trustee. I believe the new membership classes and loss of concomitant voting rights set out in the newly adopted By-laws contravene certain portions of the Charities Accounting Act, and others of which I have yet to consider. In the present, however, I believe these new provisions of the Bylaws now bring the activities of the LCHS to an investigatable position pursuant to Section 3.2 of the Charities Accounting Act, R.S.O. 1990, Chapter C10, whereby the LCHS now “…is a corporation without share capital, the executor or trustee beneficially owns, controls or has direction over membership in a class of membership of the corporation carrying more than 20 per cent of the voting rights attached to all of the outstanding voting membership interests of the corporation.” I would caution that I have not had the time to fully digest the contents of the Charities Accounting Act and I am not a lawyer, so cannot give legal advice. The remedy to be sought lies in section 5(c)(ii) of that same Act which states: “(5) On application by the Public Guardian and Trustee, a judge of the Superior Court of Justice may, (c) make any order relating to the management, operation, ownership or control of the entity that is in the best interest of the purpose for which the estate or trust is held, including an order,…” (ii) determining who controls the election of the directors of the entity,…”. I will be revisiting the Charities Accounting Act and other statutes affecting corporations and charities over the next few days to begin to prepare my formal complaint or complaints, as the case shall warrant. Would you like an update at that time?

    • Absolutely!!!!!

      I have heard from a number of people expressing similar reaction to yours including the desire to contact the A/G. Having had some experience with the Office of the Trustee I speak with some prior knowledge, the bigger the noise the more attention received. May I suggest when you have completed your research and are ready to roll, we use this site, and social media to attract signatures and statements form others to accompany the “complaint”.

      The media must be contacted once a complaint has been issued.

      Your thoughts?

      Best

      J

      • I concur. I had already formulated the mechanics of a mass mailing program, in addition to campaigning for more individuals who would also like to file formal protests and requests for investigation. I had hoped that, as you are an established blogger likely with a fair decent animal welfarist following in this City, I would be permitted to post the “letters” here and put the call to the masses. I will be back to you at the beginning of next week. I am social media/PR experienced, so, with hope we can both bring an on target flood of well-thought out actionable complaints to their appropriate government agencies and representatives.

  4. Thank you. I shall.

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