Log in

Opinoons

Wieland: Sun City Reader’s citations not correct

Posted

This is in response to the letter from Tom Marone (“Did board violate the law,” Sun City West Independent, Aug. 4, 2021).

For the record, I did serve on the Recreation Centers of Sun City Board of Directors for five years between 2013 and 2018 inclusive.

While I appreciate Tom’s commitment to due process and cursory statutory research, his statutory citation as well as RCSC bylaws in the Karen McAdam matter is totally incorrect.

The reason for this is language refers to due process for members, not directors. While all RCSC directors are members, not all members are directors, which looks like on its surface to be legal hairsplitting. In law words have meaning.

Tom cites RCSC bylaw Article II, section 8, which refers to the due process of a cardholder. While I stipulate that Ms. McAdam is a cardholder, her position and removal as a director is covered by another article in the bylaws.

As to his citation in the Arizona Revised Statues Title 10, Section 3621, Tom has encountered the same problem, it refers to members not directors. The appropriate citation regarding directors is 10-3809 Subsection B. Review of this section defers to corporate bylaws in general with the only stated due process is a clause regarding notice.

While I have not followed the Karen McAdam situation closely, it has caused quite a stir in Sun City. The stir apparently has revolved around her actions and some sort of due process. While I have no comment as to her actions, I can research statutes and policy regarding due process and contrary to conflicting evidence, I stand by my research.