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LWV July 09, 2009 Residents Voice Conrad Grundke 07/09/2009 1 Residents Voice

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United Recall, Credit Cards, Expense Reimbursements, CACM

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Page 1: Agenda 07 09 09

LWVJuly 09, 2009

Residents Voice

Conrad Grundke

07/09/2009 1Residents Voice

Page 2: Agenda 07 09 09

Topics for Tonight

• Recall of United Board Members• “The Discovery Group Improprieties”

– Credit Cards– Expense Reimbursements

• CACM

06/09/2009 Residents Voice 2

Page 3: Agenda 07 09 09

“United Recall!”

06/09/2009 Residents Voice 3

Page 4: Agenda 07 09 09

Recall Status!

• www.lwvrecall.com• Meeting called for Thursday, July 16, CH#1

from 2-4pm• Contention:

– Status of owners “dis-infrachisement” by preventing M. Curtis from access to closed meetings and areas of the Admin Bldg.

– July 8 meeting of Corporate Members:• Eviction of M. Curtis

06/09/2009 Residents Voice 4

Page 5: Agenda 07 09 09

“Credit Cards!”

06/09/2009 Residents Voice 5

Page 6: Agenda 07 09 09

<Click Mouse to advance> source on website www.rvoice.org

4/19/7 V5.0 Page 6

Where Are We Today 04/19/07?

1. 3/31/7 – Received Billing Records from PCM.2. 4/04/7 – Portlock & Johns speak on TV 6.3. 4/05/7 – Billing Records analysis to RVoice.4. 4/11/7 – Mailed Registered Letter to all Boards.5. 4/13/7 – Published Press Release to Media.6. 4/13/7 – Mailed Letter to G Portlock.7. 4/17/7 – Third Mutual Board Meeting8. 4/17/7 – Published Press Release to Media.

Page 7: Agenda 07 09 09

Resident's Voice 7June 7, 2007

Credit Cards

• It took 4 years before credit card billing records were provided to Directors and Owners.

• During that time the General Manager stated several times that the credit cards were for “Emergency Use” only.

• Some samples of “Emergency Use!”

Page 8: Agenda 07 09 09

Resident's Voice 8June 7, 2007

Date Desc Day Total

12/10/04 Sushi Wok Express Fri $68.70

12/14/04 Gullivers Tue $543.72

12/15/04 Cedar Creek Inn Wed $280.70

  The Lobby Lounge Wed $74.65

  The Loft Wed $507.16

12/16/04 BJS Rest & Brew Thu $31.10

12/17/04 Dana Warf Sportfishin Fri $375.00

  The Lobby Lounge Fri $111.51

  The Loft Fri $356.01

12/20/04 BJS Rest & Brew Mon $29.00

12/21/04 Beach House Tue $171.00

12/22/04 Lawry's Five Crowns Wed $834.31

  Macaroni Grill Wed $29.28

Page 9: Agenda 07 09 09

Resident's Voice 9June 7, 2007

• Further examples of “Emergency Use!”

Page 10: Agenda 07 09 09

Resident's Voice 10June 7, 2007

Date Desc Day Total

12/30/04 On The Border Thu $27.31

01/04/05 Sushi Wok Express Tue $112.93

01/05/05 Baja Fresh Wed $26.78

01/06/05 CACM Thu $315.00

  Claim Jumper Thu $141.88

  On The Border Thu $29.31

01/10/05 Players Sport Grill Mon $37.78

01/11/05 Sushi Wok Express Tue $87.89

01/12/05 On The Border Wed $27.31

01/13/05 Casa De Pico Thu $30.00

01/17/05 Sushi Wok Express Mon $19.73

01/18/05 Sushi Wok Express Tue $88.16

01/19/05 On The Border Wed $28.31

Page 11: Agenda 07 09 09

Resident's Voice 11June 7, 2007

Conclusion:

• We cannot Trust PCM, GRF, or our Corporate Attorney.

Page 12: Agenda 07 09 09

<Click Mouse to advance> source on website www.rvoice.org

4/19/7 V5.0 Page 12

Total Monthly Billing for the 9 Cards

0

1000

2000

3000

4000

5000

6000

7000

8000

9000

Jan-

05

Feb

-05

Mar

-05

Apr

-05

May

-05

Jun-

05

Jul-0

5

Aug

-05

Sep

-05

Oct

-05

Nov

-05

Dec

-05

Jan-

06

Feb

-06

Mar

-06

Apr

-06

May

-06

Jun-

06

Jul-0

6

Aug

-06

Sep

-06

Oct

-06

Nov

-06

Dec

-06

Jan-

07

Feb

-07

Drop Page Fields Here

Sum of Amt

Billing

Drop Series Fields Here

Monthly average is $4,411

Page 13: Agenda 07 09 09

<Click Mouse to advance> source on website www.rvoice.org

4/19/7 V5.0 Page 13

Who Spent The Money?

0

5000

10000

15000

20000

25000

30000

M.

Joh

ns

J. P

rice

J.S

tora

ge

K.

Rah

n

D.

Lam

b

J. Z

oer

ho

f

R.

Rid

gew

ay

R.

Lee

J. D

avid

User

Do

llar

s Travel

Other

Food

18563

28234

6408

12421

7645 6489

13357

15797

5780

Page 14: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 145/3/07

Tannins Wine Bar &

Restaurant

Page 15: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 155/3/07

Background

• Questions were brought up by Residents Voice concerning the $1,036.37 Credit Card Charges that were paid to Tannins by Mr. Johns.

• At the May 1, GRF Board Meeting Mr. Johns explained that, “These charges were for catered meals for the Boards at their monthly Board Meetings.”

Page 16: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 165/3/07

Analysis Background

• Tannins is located in San Juan Capistrano, which is 30 miles round trip from the Laguna Woods Admin Bldg.

• Luncheons normally are planned for 11 Board Members and 3-5 Staff people.

• Board Meetings are held on the 1st, 2nd & 3rd Tuesday of each month.

Page 17: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 175/3/07

Tannins Wine Bar & RestCredit Card Charges

• 09/12/06 Tannins Wine Bar & Rest $154.36• 09/19/06 Tannins Wine Bar & Rest $151.50• 10/03/06 Tannins Wine Bar & Rest $188.83• 10/04/06 Tannins Wine Bar & Rest $157.21• 09/28/06 Tannins Wine Bar & Rest $198.53• 10/17/06 Tannins Wine Bar & Rest $185.94

Total $1,036.37

Non-Tuesdays $ 355.74

Page 18: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 185/3/07

Conclusion

• YES! Mr. Johns could have paid for catered lunches for the Boards.

• YES! Mr. Johns could have paid for other catered luncheons that did NOT include the Boards.

• No one said that, “Mr. Johns ONLY used his GRF Credit Card for his personal use.”

Page 19: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 195/3/07

S at the S&S

Page 20: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 205/3/07

“Splashes” at the

Surf & Sand

Page 22: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 22 5/3/07

“Ocean View”

From every table

“Outstanding Food”

Page 23: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 235/3/07

“Splashes” on their Website

• Prompt Seating: Yes• Good for kids: No• Make Reservations: Yes• Good for Groups: No• Romantic: Yes• Expensive: Yes

• Ambience: $ Y $ E $ S $

Page 24: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 245/3/07

Charges at “Splashes” by

GM Milt Johns• 03/24/05 Thursday $40.10

• 03/24/05 Thursday $326.86

• 08/17/05 Wednesday $371.08

• 10/22/05 Saturday $179.32• _______• Total $917.36

Page 25: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 255/3/07

Some Observations

• None of the days fell on a Board Meeting Tuesday.

• Splashes does not cater meals, except as Room Service.

• Surf & Sand has 14 Meeting Rooms the smallest of which have a 30 person capacity for Banquets.

Page 26: Agenda 07 09 09

“Expense Reimbursements!”

06/09/2009 Residents Voice 26

Page 27: Agenda 07 09 09

Resident's Voice 27June 7, 2007

Expense Reimbursements

• With the legislative changes to the Davis Stirling Act, the Home Owners Associations are limited in what information they are NOT obligated to provide to the owners.

• Residents received 2 years of Expense Reimbursement records and review of these records questions the legal and ethical use of these charges by PCM.

Page 28: Agenda 07 09 09

Resident's Voice 28June 7, 2007

• Expenses are used as deductions in the IRS tax computations.

• IRS defines legitimate expenses as those costs that have a direct benefit to the corporate owners.

• They also compare expenses with those of like industries, in our case (Home Owner Associations).

• With that in mind, do the following sound to you as legitimate expenses:

Page 29: Agenda 07 09 09

Resident's Voice 29June 7, 2007

General Ledger

$40.05Chris Trapp Mileage Reimbursement

Page 30: Agenda 07 09 09

Resident's Voice Page 30 June 7, 2007

Expense Reimbursement

$40.05Clippers Game

Travel from PCM to Staple Ctr to PCM of 90 miles for Staff Outing. OK’d by M. Johns

Page 31: Agenda 07 09 09

Resident's Voice 31June 7, 2007

• The following are samples of one of nine divisions in PCM (the Finance Div).

• To minimize the amount of data, only expenses associated with food/meals are included in this information.

• The Finance Division is divided into 6 Work Centers– 300, 310, 311, 330, 360, 370

Page 32: Agenda 07 09 09

Resident's Voice 32June 7, 2007

# Emp

Wk Ctr Wk Ctr Desc Total

4 300Financial Services

Admin $241.51

13  310 Accounting $3,033.48

 3 311 Warehouse $2,104.59

4  330Budget & Financial

Planning $2,554.82

14  360 MIS $840.13

 5 370 Purchasing $2,718.16

43   Food Total$11,492.6

9

Page 33: Agenda 07 09 09

Resident's Voice 33June 7, 2007

Work Center 310 – Accounting (13 Employees.)

• The following slide is a listing of some of the charges associated with Food and Travel for Food.

Page 34: Agenda 07 09 09

Resident's Voice 34June 7, 2007

Wk Ctr Date Wk Ctr Desc Description Total

31002/09/

05 Accounting Janet Retirement $42.36

 04/07/

05 Accounting Audit debriefing with accountants $47.04

 04/21/

05 Accounting End of Audit Celebration $139.77

 05/04/

05 Accounting 1st Qtr BD Lunch $103.34

 06/22/

05 Accounting 2nd Qtr Staff Luncheon $191.46

      Travel - 2nd Qtr Staff Luncheon $42.99

 08/24/

05 Accounting 3rd Qtr Staff Luncheon $185.25

 12/02/

05 Accounting 4th Qtr Staff Luncheon $188.44

 12/09/

05 Accounting Holiday Luncheon $559.57

      Travel - Holiday Lunch $5.92

 04/07/

06 Accounting End of Audit Staff Celebration $216.66

      Travel - End of Audit Staff Celebration $5.54

 06/27/

06 Accounting 1st Qtr Staff Luncheon $246.72

      Travel - 1st Qtr Staff Luncheon $3.45

 09/21/

06 Accounting 2nd Qtr Staff Luncheon $232.17

      Travel-2nd Qtr Staff Luncheon $14.08

 10/21/

06 Accounting 3rd Qtr Staff Luncheon $194.22

 11/14/

06 Accounting Holiday Luncheon - Accounting Staff $358.23

      Travel-Holiday Luncheon - Accounting Staff $13.11

 12/21/

06 Accounting 4th Qtr Staf Luncheon $243.16

Page 35: Agenda 07 09 09

Resident's Voice 35June 7, 2007

Work Center 370 – Purchasing (6 Employees)

• The following slide is a listing of some of the charges associated with Food and Travel for Food.

Page 36: Agenda 07 09 09

Resident's Voice 36June 7, 2007

Date Wk Ctr Desc Description Total

01/06/05 Purchasing Nicole Review Lunch $46.00

02/03/05 Purchasing Nicole BD lunch w June,Delorie,Debbie,James $152.00

02/16/05 Purchasing Farr's review lunch $48.00

05/17/05 Purchasing Raul,Jim,Leo,Delorie,Nicole,James $228.86

06/02/05 Purchasing Debbies BD lunch w Gina,Nicole,James,Delorie $128.00

07/29/05 Purchasing Debbie's review lunch $62.00

08/03/05 Purchasing Gina's review lunch $58.00

08/22/05 Purchasing Mtg lunch with Debbie $22.00

09/15/05 Purchasing Delories BD Lunch w James, Debbie, Nicole $108.00

10/20/05 Purchasing Zoehof Lunch $29.00

11/03/05 Purchasing Gina BD Lunch w James,Debbie,Delorie,Nicole $130.00

11/08/05 Purchasing Parking for Marriott Luncheon $4.00

12/14/05 Purchasing Xmas Lunch w James,Nicole,Gina,Delorie $513.00

01/05/06 Purchasing Nicole's Review Lunch $32.00

02/02/06 Purchasing Nicole's BD Lunch w James,Delorie,Debbie,Gina $137.00

02/21/06 Purchasing Delorie's Review Lunch $63.00

04/18/06 Purchasing Gina's review lunch $53.00

06/13/06 Purchasing Dinner w consultant - Towers Hair Salon $45.00

07/25/06 Purchasing Debbie BD lunch w James,Gina,Nicole,Delorie $123.00

08/09/06 Purchasing Debbie's review lunch $40.00

08/22/06 Purchasing Janet's BD Valet Parking $6.00

09/07/06 Purchasing Delorie BD Lunch w Debbie,James,Gina,Nicole $130.00

11/07/06 Purchasing Gina BD Lunch w Delorie,Debie,Nicole,James $108.00

11/30/06 Purchasing Xmas Lunch w debbie,Scott,Gina,Maggie,Delorie,Nicole,Raul,James $441.30

      $2,718.16

Page 37: Agenda 07 09 09

Resident's Voice 37June 7, 2007

• The following is a subset of the charges on the prior page for Work Center 370.

• Reading these charges is indicative of the extravagant use of the Mutuals money for meals.

Page 38: Agenda 07 09 09

Resident's Voice 38June 7, 2007

Date Description Total02/03/05 Nicole BD Lunch w June,Delorie,Debbie,James $152.00

05/17/05 Raul,Jim,Leo,Delorie,Nicole,James $228.86

06/02/05 Debbies BD Lunch w Gina,Nicole,James,Delorie $128.00

09/15/05 Delories BD Lunch w James, Debbie, Nicole $108.00

11/03/05 Gina BD Lunch w James,Debbie,Delorie,Nicole $130.00

12/14/05 Xmas Lunch w James,Nicole,Gina,Delorie $513.00

02/02/06 Nicole's BD Lunch James,Delorie,Debbie,Gina $137.00

07/25/06 Debbie BD Lunch w James,Gina,Nicole,Delorie $123.00

08/22/06 Janet's BD Lunch Valet Parking $6.00

09/07/06 Delorie BD Lunch w Debbie,James,Gina,Nicole $130.00

  Parking-Delorie BD Lunch w Debbie,James,Gina,Nicole $5.00

11/07/06 Gina BD Lunch w Delorie,Debie,Nicole,James $108.00

11/30/06Xmas Lunch w debbie,Scott,Gina,Maggie,Delorie,Nicole,Raul,James $441.30

Grand Total   $2,210.16

(BD = Birth Day)

Page 39: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 395/3/07

How Did The Owners Benefit From These

Expenses?

You’ll have to be the judge of that?

Page 40: Agenda 07 09 09

Resident's Voice 40June 7, 2007

Conclusion:

• We cannot Trust PCM, GRF, or our Corporate Attorney.

Page 41: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 415/3/07

“CACM”

Page 42: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 425/3/07

CaliforniaAssociation ofCommunityManagers

Page 43: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 435/3/07

Who does CACM Represent?

CACM provides its members with the information and expertise necessary to make decisions in today's changing business climate. The organization is committed to helping community association managers meet the challenges of the industry and aid them in maintaining an awareness of each development impacting the industry.

Page 44: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 445/3/07

Who is ourCommunity Association Manager?

•PCM• PCM has been managing on-site and master-

planned communities for over 30 years and has developed strong management systems tailored to this service.

Page 45: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 455/3/07

What does CACM do?

CACM plays an active role in Sacramento where new legislation and regulations are changing the way community association managers do business. Members are kept informed and up-to-date on legislative activity as it occurs.

Page 46: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 46 5/3/07

Managing AgentDefines need

ResidentsPay for Membership

Agent HiresSacramento Lobbyists

Managing AgentDirects Lobbyists

PCM is theBeneficiary

Page 47: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 475/3/07

Conclusion!

• WE (The Resident Owners) Pay for the Lobbyists.

• The Lobbyists are Directed by PCM.• The Residents have no direct input, except

through the Boards.• Sacramento passes bills that are in the best

interest of the MANAGING AGENT.• The RESIDENTS just pay the bills.

Page 48: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 485/3/07

Who Runs Laguna Woods Village?

Page 49: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 49 5/3/07

“I don’t do anything except what the Boards tell me to do.”

M Johns, says

Page 50: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 50 5/3/07

M Johns, asks“What should I do.”

The Boards, say

“Please tell us what to tell you to do.”

Page 51: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 51 5/3/07

“The Boards have always reviewed the Credit Card Charges at the yearly budget meetings and have authorized the expenses!”

M JohnsWhom do you believe?

Page 52: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 52 5/3/07

The Boards“A former GRFBoard Member from 2003-2005, stated that, “He had NEVER seen the Credit Card Billing Statements or knowingly authorized their usage.”

Whom should you believe?

Page 53: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 Page 53 5/3/07

“In addition to the GRF Director, former United & Third Directors:

Ray Barrett, Art Welch, Presidents, Connie Grundke, Treasurer, and Charlene Sydow, Kay Margason, Larry Dersh, June Todd, Barbara Parker, Don Kornreich, and Dominic Burrasca, Directors have also never seen or been involved with the charges and knowingly authorized the use of these Credit Cards.”

Page 54: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 545/3/07

Why is that?

Most Board members do NOT have the knowledge or skill to review all of the

information that is potentially available during a budget cycle.

As a result, they rely entirely on PCM to provide the necessary information to

justify their budget.

Page 55: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 555/3/07

The Consequence!Over the past 35 years!

PCM

Director

Page 56: Agenda 07 09 09

Residents Voice Meeting of 5/3/7 565/3/07

How do we solve the problem?

Find and Elect new Board Members who will work toward taking back control of our Village!

Page 57: Agenda 07 09 09

Resident's Voice 57June 7, 2007

Do YOU Believe That We Have A Problem ?

• We can ignore the Legal vs. Illegal discussions, since that is a lower priority at this time. However,

• Are the expenses justifiable and ethical?

–NO!• Could these costs reflect how PCM approaches all of

our business costs?

–YES

Page 58: Agenda 07 09 09

Resident's Voice 58June 7, 2007

How did we get into this mess?• Lack of oversight by the Boards of Directors!

– Most Directors only know what PCM tells them.

• Unwarranted Trust in PCM to do the “right” thing!– Lack of knowledge forces Directors to rely too heavily on PCM.

• A Corporate Attorney whose interests are too closely related to PCM.

– Attorney does not have a cohesive relationship with the Boards and will look toward PCM’s needs rather than the needs of our Mutuals.

Page 59: Agenda 07 09 09

Resident's Voice 59June 7, 2007

The Crash !• We had an opportunity to remedy this with

the 2007 Management Agreement.• Our Boards took it upon themselves to write

the agreement ignoring the advice of an independent attorney.

• We are now faced with potential consequences of PCM’s actions that will impact our assessments.

Page 60: Agenda 07 09 09

The End

06/09/2009 60Residents Voice