Thursday, June 23, 2011

Bernier and Dial request tape of secret executive meeting

In violation of their own bylaws, a chosen few (Executive Committee) decide to get rid of Board Members who are requesting URTV comply with open meeting law, comply with terms of the City/County management agreement and comply with open records law. They feel not doing so jeapordizes of public access in Buncombe County.

The only way Board Members may be removed is by a 2/3rd majority of the whole Board of Directors, Knowing this fact, instead the President (Jerry Young) treasurer (Joe Scotto) Vice President (Bob Horn) and Secretary (Ralph Roberts) supposedly (since no minutes or recording was ever forthcoming this "meeting" is in question), met in secret and decided to illegally remove two Board members. Following is email dialog on this situation

From Davyne Dial

To Pat Garlinghouse , richard bernier

Date Wed, Apr 8, 2009 at 7:54 PM

Subject: Secret meeting tape / NC Open Record laws & David Gantt
To: Pat Garlinghouse Executive Director URTV

Mrs. Garlinghouse,

Mr. Richard Bernier and myself are asking that the "tape" made in secret meeting regarding our dismissal, be made available for listening on Friday afternoon. In the event you are unable to be at URTV on Friday, April 10, 2009, please make this available for listening to by staff of URTV.
In a recent meeting with Commissioner David Gantt, we were assured that URTV does come under NC open record laws(statute posted below). And that our responsibility as Board Members is to oversee financial issues. Therefore Mr. Bernier and I would also like copies of last years, and the three months of 2009 of the check register, copies of credit card expenditures and also we understand we are have a right to the list of all URTV members and their contact information. So we are requesting that list also.
Please confirm receipt of this email.


Davyne Dial

Richard Bernier
Board of Directors URTV
The response to this letter was to deny access of this information to Mr. Bernier and myself. Shorty after, Mr. Bernier and I were left completely “out of the loop” and forced off the Board of Directors.
On April 10, 2009 (19 days before the “vote” on my dismissal), I received these emails from Young & Garlinghouse (emphasis, mine):


On Fri, Apr 10, 2009 at 3:06 PM, Jerry Young wrote:
Dear Richard and Dayvene,

I am writing you as Board President of URTV, the purpose of my letter to both of you is to inform you that your membership is suspended.

Richard, you have refused to pay your membership! I have previously informed you of this matter which is expected of all our membership. Therefore, you should not be speaking to anyone on behalf of URTV. As president I am the only authorized person to speak for URTV.
Davyne, as you are aware you have been officially noted that you are up for dismissal from the board and as a result you also should not be speaking in behalf of URTV. As president I am the only authorized person to speak for URTV.

Sincere regards,

Jerry Young - President


To Davyne Dial

Cc jericho007

Date Fri, Apr 10, 2009 at 10:43 AM

Subject RE: Secret meeting tape / NC Open Record laws & David Gantt
i am not authorized by the URTV board of directors to release this information at this time. pat

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