Seeking Input

[Matt Tabakman]

Hello Board: Seeking input here. I've been asked to throw CFGALLA's endorsement behind Jen Smith, who is running For a seat on the Florida Bar Young Lawyers Division Board of Governors. She's clearly qualified for the job and a supporter of our cause. She's also Larry Smith's daughter. Barring any prohibitions on CFGALLA endorsing anyone, I'm certainly willing to give her the endorsement. However I know there are restrictions on what involvement CFGALLA can have in these situations, given our tax status. Bearing in mind this is a nonpartisan office, I'd appreciate some guidance on whether CFGALLA may endorse a candidate in a race such as this. Thanks!

Matt Tabakman

President, CFGALLA 

[Sam Miorelli]

I'm pretty sure we can't do this. I'm very sure we shouldn't do this.

[Peggy Smith Bush]

I'd appreciate clarification as to the last comment. Thanks. 

Sent from my iPhone

[Matt Tabakman]

For benefit of the discussion, CFGALLA was organized as a 501(c)(6) non-profit. From what I've been reading, we actually are allowed to make the occasional endorsement, so long as it's not in coordination with the particular candidate. Never thought I'd say this, but the Citizens United case actually helps us here. 

Matt

[Merrell Bailey]

Issue 1.  Is Jennifer Smith considered to be a candidate for public office by running for the Young Lawyers Division Board of Governors?  If yes, IRC 501(c)(6) organizations may engage in political campaigns on behalf of or in opposition to candidates for public office provided that such intervention does not constitute the organization's primary activity.  As the intervention is not CFGLLA’s primary activity, the issue is moot and the endorsement is fine.  If this is not considered a public office, then the issue is moot and endorsement is fine.

Issue 2.  Is endorsing Jennifer Smith considered lobbying activity?  If yes,  501(c)(6) organizations may engage in an unlimited amount of lobbying, provided that the lobbying is related to the organization's exempt purpose.  As Jennifer Smith is a staunch ally of CFGLLA’s exempt purpose, then the issue is moot and the endorsement is fine.  If endorsing Jennifer Smith is not considered lobbying activity, then the issue is moot and the endorsement is fine. 

 

The IRS is not precluding CFGLLA from endorsing Jennifer Smith.

 

Merrell

 

Mary Merrell Bailey, Esq.

Managing Partner

 

P 407.622.1900

F 407.622.1922

Mer...@YourCaringLawFirm.com

 

610 S. Maitland Avenue

Maitland, Florida 32751

www.YourCaringLawFirm.com

------------------------------------------------------------------------------------------------------------------------------------

 

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication, please delete this message without reading it (or any attachment) and then notify the sender of this inadvertent delivery. Thank you.

[Luis Carlo]

Thanks Merrell!

Luis

--

Luis Emilio Carlo, Esq.*

Licensed to Practice Law in Florida

[Matt Tabakman]

Thank you Merrell!

[Peggy Smith Bush]

With Merrell's thorough analysis, this is something that the organization can do.  Since time is of the essence, Sam, is there anything else upon which you base your opinion?

Thanks,

Peggy

 

From: cfgall...@googlegroups.com [mailto:cfgall...@googlegroups.com] On Behalf Of Sam Miorelli
Sent: Tuesday, March 31, 2015 6:17 PM
To: Matt Tabakman; cfgall...@googlegroups.com
Subject: Re: Seeking Input

 

I'm pretty sure we can't do this. I'm very sure we shouldn't do this.

[Matt Tabakman]

Peggy: I've gone ahead and moved that CFGALLA give its endorsement to Jen. The motion was circulated last night amongst the voting board members. So far we have 2 yes votes and 1 no vote. I am waiting on 2 more votes before we can either give Jen good news or bad. My understanding is that if she does not have the endorsement today, she can still add it to her list of endorsements later on if another motion is made and voted on after additional discussion.

[Peggy Smith Bush]

Thanks Matt,

 

               I appreciate that.  I know that the voting members will give consideration to this opportunity to advance its constituents' interests by promoting the advancement of leaders who support their position within the Florida Bar.   

 

Best regards,

 

Peggy

[Sam Miorelli]

I've already made my vote on the voting e-mail thread Matt set up. I don't like the ridiculous process regarding this matter and have voted no.

I appreciate Merrell's thorough legal analysis and I'm sure Ms. Smith is a fine individual (though an explanation of WHO she is was not provided to the Board until after the movant demanded immediate e-mailed votes back). I won't support e-mailed motions hysterically declaring pseudo-emergencies days before an already-scheduled Board meeting. I'm particularly firm in that stance considering the Board's failure last month to achieve quorum at its regularly-scheduled meeting (we have certain members who consistently have not attended). It was in light of THAT outrage that I refused to attend the hastily-scheduled make-up meeting the following week (which also was not attended by certain regularly-absent board members).

Since joining this board the entire thing has been an endless parade of drama (note our almost-immediate departure of the Social Chair due to a flame war with Matt, the bizarre circumstances of our bookkeeping matter, and more recently an hours-long odyssey to correct the Wells Fargo situation). I'm tired of it.

Clearly some people on this e-mail list see this endorsement issue as an emergency. I don't. Maybe at this summer's election the people who are highly motivated by this "emergency" will be just as enthusiastic in nominating themselves to run for one of the plethora of open board seats. I know the Treasurer seat will be open.

[Luis Carlo]

I vote ay.

Luis Emilio Carlo, Esq.

*Sent from my iPhone 

[Matt Tabakman]

Sam: You've misrepresented my motion and the manner in which it was presented and so I will respond in kind. There was never a demand for immediate votes. There was no emergency declared, no pseudo emergency declared. And I certainly did not make the motion in a hysterical manner. It was a simple motion with which you could agree or disagree. The rest of your tirade (in your email below and in the emails to me last night) is, as I've said before, unappreciated and unhelpful. If you are as unhappy with this organization (or my leadership of it) as you indicate, then you may feel free to return any and all CFGALLA financial documents, checkbooks, and any other organization property you have and tender your resignation. I hate to have another vacancy on the board, but at this point you're a distraction to our group's purpose rather than an aid. 

Matt

[Sam Miorelli]

I won't resign. I'm sorry you don't appreciate my perspective. I'll see you at the board meeting.

[Michael Morris]

I vote yes on the motion.

Law Offices of Michael E. Morris, P.A.

941 W. Morse Blvd. #100

Winter Park, Florida 32789

321-214-4667

F: 321-214-4501

michaele...@gmail.com

This message contains confidential information and is intended solely for the individual named. If you are not the named addressee, you are hereby notified that any review, dissemination, distribution, copying or forwarding of this communication is prohibited. Please notify the sender immediately if you have received this by mistake and delete it. Please be advised that the sender is not responsible for any loss or damage arising out of unintended transmission of viruses, worms or other malicious acts of others.

[Matt Tabakman]

With that, the vote is 4 in favor of the motion, 1 against, and 1 not voting.  Motion passes.  I will inform Jen Smith of the result.

Matt

[chad cronon]

Everyone calm the fuck down.  I do not need to nor want to know all the drama behind the scenes.  We (consider Blaine and I) have had heated disagreements.  Everyone knows I am probably the most far left on the BOD as past president.  I think Sam's political views and his revision of language is history is remarkable and of course wrong.  But this is turning into a personal war.  That we do not do.  Stop this.  We hold better values and better principles than to go personal.  We will not always agree but all voices are important no matter how crazy we think someone's input is.

chad

C. Chad Cronon

Law Office of C. Chad Cronon

1238 E. Concord Street 

Orlando, Florida 32803

407-470-9999

407-895-4779

chadc...@outlook.com

Member, Committee on Diversity and Inclusion, Florida Bar 

Past President, Central Florida Gay and Lesbian Law Association 
Past President, Central Florida Association of Criminal Defense Lawyers

Past President, Orlando International Fringe Theatre Festival, the largest and longest running theatre festival in Florida

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by replying to this email message or by telephone at 407-470-9999 and delete this message and any attachments from your system. Thank you!

---

Date: Wed, 1 Apr 2015 12:51:11 -0400
Subject: Re: Seeking Input
From: sam.mi...@gmail.com
To: mcog...@gmail.com
CC: cfgall...@googlegroups.com; PB...@southerntrialcounsel.com

[Hew, Jessica]

http://www.bizjournals.com/orlando/morning_call/2015/04/women-who-mean-business-2015-business-owners-of.html?ana=e_orl_rdup&s=newsletter&ed=2015-04-03&u=JmRIGW6ZMFhDhnHKai5cxg0fd76d76&t=1428067369

Jessica K. Hew
Partner
Burr & Forman LLP
200 So. Orange Avenue, Suite 800
Orlando, Florida  32801
407-540-6637

Please excuse any misspellings and grammatical and typographical errors as this is sent via personal data assistant to avoid delay.  Please refer toburr.com for all disclaimers.  Have a nice day!

Jessica K. Hew • Attorney at Law Suite 800 • 200 South Orange Avenue • Orlando, Florida 32801 direct 407-540-6646 • fax 321-249-0527 • main 407-540-6600 jh...@burr.com • www.burr.com ALABAMA • FLORIDA • GEORGIA • MISSISSIPPI • TENNESSEE

---

The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you.

[Sam Miorelli]

Wow! Nicely done!

[Matt Tabakman]

Congratulations, Merrell! We're so proud of you and honored to have your continued involvement in our little group. 

Matt

Sent from my iPhone