Lady Liberty responds to complaint regarding number of trustees

[OpenGovt]

A week ago, I reported that I had filed a complaint against the Lady Liberty Academy Charter School because the number of trustees reported in the Certificate of Incorporation were in conflict with the number referenced in the bylaws. That complaint is on-line here.

Today, I received a response from Board President Raymond M. Codey advising me that the Board "is amending the Certificate of Incorporation and Bylaws [and] expects to appoint three new Trustees to the Board this month." Codey's January 13, 2010 letter is here.

John Paff

[Defeat Bullies]

Dear Mr. Paff:

Does Lady Liberty Academy Charter School’s quorum-less pseudo-board have the authority to hold a Board of Trustee meeting tomorrow or ever? And, isn’t Lady Liberty’s powerless pseudo-board similarly unauthorized to amend bylaws and or bring on new board members? Shouldn’t lawyer/Madison Administrator/Board President Ray Codey know all this? Aren't there penalties for this?

Hasn’t Lady Liberty been rendered irrelevant, powerless and defunct by the inaction and chronically quorum-less actions of its own board? Isn’t this all too little and too late? Stalemate!

As always, Mr. Paff, your work for open government is essential and exemplary!
Thank you!

[OpenGovt]

That is a fair question. It would seem that the board of trustees could not meet and take any action absent a quorum as CURRENTLY defined. If they did meet and take action, I think that the only recourse would be for a citizen to file a lawsuit challenging whatever action taken. Anyone who is sufficiently motivated and who has legal standing should consult with an attorney.

John Paff
Somerset, New Jersey

[Defeat Bullies]

Case in point: Judge removes president of Northeast fire board - STLtoday.com

01/14/2010
<<The prosecuting attorney's office filed the petition Oct. 26 to remove Edwards, claiming he'd conducted district business without a quorum and a majority vote of the board.>>

<<Hood's 6½-page order called Edwards' testimony Friday "vague, with a significant absence of a basic knowledge of what constitutes a quorum" and that of attorney Walton "incredible and his actions in complicity" with Edwards. It knocked Walton for advising Edwards to continue a meeting after Willis departed and for advising Edwards to waive Robert's Rules of Order at the next meeting, in contradiction to bylaws drafted by Walton.>>

<<The prosecuting attorney's office used a petition in "quo warranto" to remove Edwards — a rarely used legal action in which a public official's right to hold public office is challenged.>>