$8,600 in legal fees

[Mavis Irwin]

Dear UMCA government (and others whom this may concern),
 
My apologizes for breaking the silence that I was intending to maintain for a few weeks.
I recently learned that the UMCA spent $8,600 of the membership money on legal fees.
This bothers me because I knew from pervious e-mails that one check actually sent by
UMCA co-founder and member number one, John Marino, for legal fees was mailed back,
uncashed. Marino also has repeatedly offered financial assistance in dealing with legal
matters, only to be ignored by the UMCA. Ultra Cycling magazine indicated that this $8,600
was for determining if any violations of the UMCA Constitution and Bylaws took place.
 
We have to ask why Marino's repeated offer to assist in the investigation of legal violations
was not accepted. This is seriously hurting the members of the UMCA to be using their
money toward covering the legal fees instead of the ultracycling programs! The money
shouldn’t be used for legal fees. Those fighting for the members’ equality within the
organization (including me) would honestly be willing to make arrangements to avoid using
membership money to resolve this problem. Yes, just like what John Marino did in the past
months, the others on the SaveUMCA Team would also help pool the money for legal fees.
Why is the UMCA so closed about this and repeatedly refusing help?
 
Furthermore, the UMCA never answered several of the questions relating these issues.
 
On January 2nd 2008 and February 17th 2008, I asked if the Board, who is supposed to
be above the Executive Committee, is allowed direct contact with the UMCA lawyers too.
I even submitted this question as a multiple choice and never got a response. Was the
entire Board in fact offered the opportunity and was it allowed to talk to the UMCA's
lawyers? Would it be allowable for individual UMCA members to consult with the UMCA
attorney, using their own money?
 
On February 8th 2008, I noted the conflict between the UMCA and Marino's four independent
lawyers’s interpretation of the 20% quorum and how important it is for the entire Board to
consider what this Bylaw really meant. I got no response.
 
Who is really in control of the member-owned non-profit UMCA organization? According to the
Bylaws, it's the entire Board who should be representing the members. This, however, does
not seem to be happening.

The only way to clear this up is for the UMCA to start communicating about everything instead
of closing up and never responding. This secret behavior is quite disturbing--especially when
using the member’s $8,600 for legal fees without allowing participation of those involved in the
problem and not accepting Marino's money. Why? Why? Why?

Board of Directors: Do any of you have even a beam of concern about the health of the UMCA
organization? Why did you allow the UMCA to use the member’s money to get legal advice
regardless of all the financial help Marino already has offered? Why? This is serious. This is
hurting the sport itself! It’s hurting the bystanders! It’s hurting the entire organization! This is
really horrible!
 
Better late than never, speaking for those involved in trying to help you resolve the issues, I
strongly recommend you start accepting our money help for the violations right now on one
condition: The legal help must be contracted to an expert in non-profit law and have reputable
credentials in this field of law. If there is nothing wrong, then there is nothing to hide. All we
want is for the laws of the UMCA and the USA to be followed, nothing more.
 
Cordially,
Mavis Irwin, UMCA member
http://ultracycling-us.blogspot.com/
 
Public letters to UMCA's history:
http://ultracycling-us.blogspot.com/2007/11/maviss-2008-public-letters-to-umca.html
 

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[Bill Dunn]

Oh heck, I don't know anything but what I can guess, so, after laboriously editing out the redundant recipients of the original email I'll gander a guess or two:  #1.  I would think that once "member's money" was given to the UMCA that it was no longer their money but belonged to UMCA to with as they saw fit.

#2.  It's not totally clear from Mavis' email but there seems to be some implication that John Marino might have a conflict of interest here.  Barring that,  if  I was head of UMCA and honored JM's achievements, I  might spare him said expense myself.

Then I wonder about "SaveUMCA"  I understand that you all think that UMCA is being run "not quite democratically", and I understand how that might be a "hot-topic" issue to some people, but is that the main point that needs addressing?

In other words, is membership in UMCA declining?    Or, are Ultra events declining due to bad leadership from UMCA? 

How about RAAM?  Is RAAM suffering in some way related to the UMCA Leadership?  FWIW, I know one LONG time RAAM crewman and one 2-3x repeat
crew-woman who are both coming back for this year's RAAM.

For all I know Seana, John Marino, DougS, Mavis and whomever are somewhat right, but feature this:   I realized that the best thing I could tell a 14 year old friend of mine was that "fairness" was about third priority on their list of important issues.  And so in this conflict too I suggest that we look at the Overall health of the system, not just, perhaps, "Democratic" ideals.

Bill
Mavis Irwin <mavis...@hotmail.com> wrote:

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