After bad press for improper removal of Board Members URTV tries a different tactic.

URTV attorney explains call for special meeting to remove board member

by David Forbes on 04/06/2009

A petition presented by URTV producer Dale Joyner calling for the removal of outspoken board member Davyne Dial at the last meeting of the public-access channel’s board of directors constituted a call for a special meeting of the channel’s membership, URTV attorney Scott Dillin asserted in an e-mail today.

Dial, along with board member Richard Bernier, has pointedly criticized the management of the station and what she sees as issues of transparency. On Feb. 9, the board’s executive committee voted to recommend the removal of Dial and Bernier.

“The Special Meeting was called by the members, at the last board meeting, via [Joyner’s] petition,” Dillin wrote, in response to requests by Xpress to clarify the meeting process. “Under the bylaws, such a petition would constitute a request by 10% of the members (I recollect approximately 26 were said to be on the petition) for such a meeting.”

Usually, URTV bylaws require a 2/3rds vote by the Board of Directors to remove a member, and this is the method that has been used in the past. State law does allow the members of some nonprofits to remove board members they’ve elected.
“Other positions on the Board, such as Mr. Bernier’s seat, are appointed by the Board itself or Asheville City Council, and so on, and are not subject to removal by the Members,” Dillin noted.

“In the end,” he added, “this is probably a positive for all parties involved, as it requires notice be sent to all members, giving all parties with an interest in the proceedings an opportunity be present and cast their vote reflecting their position on the removal of the member.”

In presenting her petition, signed by 26 URTV producers, Joyner called on the board to “discuss the dismissal of Davyne Dial,” whom the petition accuses of spreading “undue negative publicity and false rumors to URTV that have served to bring URTV negative press at a very critical period.” As read, the petition did not mention a special meeting of the membership.

The special meeting will be held at 7 p.m. on Wednesday, April 29, in the URTV studios.

— David Forbes, staff writer