Goodblood (ME)
Resolution
Introduction
On November 28, 2003, KWVA President Harley Coon sent a registered
letter to Korean War Educator Founder Lynnita Brown. It
stated, "This letter is to notify you of your removal from
the rolls of the Korean War Veterans Association as an Associate
Member effective January one 2004.... This decision is rendered
as an Executive Order by the President of the Korean War Veterans
Association." [See KWVA News - Member Removals -
Lynnita Brown.] Coon's Executive Order was followed by
a ruling from Judge Advocate Sherman Pratt that in effect backed
Coon's decision when Pratt stated that the KWVA President has
"implied powers." [See KWVA News - Member Removals
- Lynnita Brown.]
In response to Coon's Executive Order and Pratt's subsequent
ruling, the CPL Clair Goodblood Chapter of the KWVA, Augusta,
Maine, passed the following Resolution on Monday, December 08,
2003:
RESOLUTION
WHEREAS Harley Coon, who was illegally elected for a third term
as President
of the Korean War Veterans Association, has sent a letter to
Lynnita J. Brown,
an associate member of the KWVA, notifying her of her "removal
from the rolls
of the Korean War Veterans Association as an Associate Member
effective
January one 2004," and
WHEREAS Mr. Coon indicated that "his decision is rendered as
an Executive
Order by the President of the Korean War Veterans Association"
contrary to the
provisions of the KWVA By-laws which contain no such provision
for removal from
any category of membership by executive decree, and
WHEREAS his letter was vague and did not contain any specific
reasons for
such removal, and
WHEREAS reference to ART II, SEC 2B and ART III,
Sections 5 and 7, ART
II. 2.B and III.5.A of the By-laws clearly specify the
powers enumerated to the
Executive Committee after due process, charges preferred, written
notice, and
hearing before the Executive Council; and,
WHEREAS these references are the only provisions for termination/expulsion
in
the By-laws despite an opinion by the KWVA's Judge Advocate
Sherman Pratt who
erroneously quibbled that there was a loophole for the action
by Coon v. Brown
because the latter is an associate rather than regular member
- a specious
argument since the II.2.b provisions extends to members without
distinction;
and,
WHEREAS the action against Associate Member Brown violates the
By-laws
specified and is not binding upon Associate Member Brown or
any other office,
functionary, or element of the KWVA until provisions of the
By-laws are
properly adhered to, therefore be it
RESOLVED that the CPL Clair Goodblood [MOH] Chapter, KWVA, repudiates
and
condemns the action against Associate Member Brown by Resolution
and refuses to
abide by the ruling until the legal By-law provisions are carried
out, if such
be the case.
BE IT FURTHER RESOLVED that the CPL Clair Goodblood [MOH] Chapter
would
advise against application of the By-laws in the instance of
Associate Member
Brown for reasons perceived as frivolous or spiteful.
BE IT FINALLY RESOLVED that the CPL Clair Goodblood [MOH] Chapter
commends
Associate Member Lynnita Brown for her untiring and dedicated
work on behalf of
the Korean War Veterans Association and Korean War Veterans
everywhere and
urges other chapters and departments to consider resolutions
of support.
DONE, ORDERED AND ADOPTED this 8th day of December, in
the year of the LORD
2003, at Augusta, Maine.
Philip W. Tiemann, Jr., Commander;
__________________________
Kenneth H. Cyphers, 1st Vice Commander; __________________________
Carlton T. Hammond, 2d Vice Commander; __________________________
William C. Webber, Financial Officer;
__________________________
Martin J. O'Brien, Adjutant
__________________________
|
