Let's start with a simple premise: There is arguably no better age restricted community in the country than Sun City. We have the most amenities at the least cost. And let's face it it; when you consider between 2000 and 2020 we will have reinvested over 100 million dollars in improvements, it's hard not to get better. What's fascinating about Sun City is with 2000 home sales per year (or more), the population is ever changing.Statistically, that tells us in that same 20 year period we have turned over 40,000 rooftops (there are only 27,000 + to start with). Realistically we know it's not that simple, some folks move here and live 40 years, others move here and die, leave or move to a different property. The thing is, with that large a turnover, less and less people know the history, know what it took to build the community and the challenges they faced to make it what it is today. That is problematic in my humble opinion. To lose sight of where we came from almost insures we will stray from the path that made us successful. From the very beginning there were battles, and through all of them, the end product turned out pretty darn good. In spite of the differences, the one thing they did to insure our rights as residents was to build into our community documents were safeguards in the Articles of Incorporation and the By-laws to insure we were truly "self-governed." Of late you may have noted i have been somewhat hostile towards the actions by the board. It's pretty clear to me this board is reaping what other boards have sowed in the past 10 years (and let me be clear, i was there when we did some of those changes). I am saddened by what we (the RCSC) has become. There is no question in my mind, the evolution hasn't been an accident, but clearly an intended outcome that strips the rights from those of us living here and puts virtually all of the power in the hands of the management and the 9 member board. This post is getting too long already, but in the next several days, i will highlight how and why i believe this happened. In the end, it probably won't matter, but even if just a handful of you begin to understand, it will make it worth my while.
The history info is greatly appreciated, I look forward to reading more. After the history, how about a discussion about the what can be done to "Take Back Our Town".
Let's start with the name Art Williams. He has since left us, but for years Art was involved within the community. His notoriety was in the fact he was the only RCSC board member to have ever been unseated via a recall petition/vote. It was back in the 90's and much of the angst came from wanting to build a two story RCSC administration building at Sun Dial. Back in the day there was a horrible artificial lawn bowling surface where the Bocce courts are now. Art was leading the charge for it and the resident population became incensed. They gathered signatures in accordance with RCSC documents and a recall election was held. The other gentlemen recanted his position regarding the office building but Art held firm. He was unseated, while the other guy stayed in office. Just as a footnote, if you look at the Long Range Plan, you will see a two story office building and again the impetus for it came strictly from the board. Suffice to say, the right to recall board members has always been one of the provisions that afforded residents some protections against stupid. So out of curiosity i went to Board Policy Resolutions to see what this process looks like today. I know there has been some changes since my old friend Art was tossed, but this maze of a process is stunning beyond comprehension. Here's the resolution: Per the Restated Articles of Incorporation, any initiative, referendum, or recall petition must have a total number of signers not less than ten percent (10%) of the voting Members of the Corporation as of the preceding July 1. All signers must have signed in person and they must provide their Sun City address, RCSC Member card number and the expiration date thereof. The completed petition will be filed with the Secretary of the Corporation. A recall petition will set forth the name of the Director whose removal is desired and the reasons for the recall. It will be processed in accordance with the Regulation for Initiative and Recall Petitions section within this Board Policy. A referendum petition must set forth the existing policy or regulation that is being challenged in clear and precise language that will allow the challenge to be determined by a “YES” OR “NO” vote. Any proposition will be subject to the requirements and limitations of the Restated Articles of Incorporation and the Corporate Bylaws. Before an initiative petition is filed, the party or parties intending to circulate and file such a petition, will submit the proposal (in the exact language that the initiative will contain) to the Board of Directors. The Board will have sixty (60) days from the date of submission to accept or reject the proposal. If the proposal is accepted, the petition will be assigned a petition control number by the Secretary of the Corporation. Regulations for Initiative and Recall Petitions If issues can be resolved without the petition process, the Board and the Members will achieve savings in terms of dollar costs and time while avoiding disharmony and divisiveness in Sun City. I. STEPS TO TAKE BEFORE CIRCULATING A PETITION – INITIATIVE OR RECALL A. Consider alternatives before beginning the petition process: 1. Bring the issue to the attention of the Board a. Board or Member Meetings, Board/Member Exchanges or in writing b. Request a private meeting with the Board 2. The Board will consider the issue and provide their consensus regarding such in writing. If the Board approves, action will be taken accordingly. If the Board disapproves, proponents may initiate the petition process. B. File request to circulate your petition with the Secretary of the Corporation. 1. Submit: a. The names, addresses, and telephone numbers of the petition organizers. b. The organization, if any, supporting the petition. c. The text of the proposed petition on FORM BP:5 2. Receive from the Secretary of the Corporation: a. Written notice of approval or disapproval of petition as submitted. b. If approved official petition with control number, for use by all Circulators. c. If approved, petition regulations d. If approved, your petition starting and completion dates C. Copy official numbered petitions. 1. Copy as many copies of the official numbered petition FORM BP:5 as needed to circulate your petition. NO OTHER PETITION FORM IS ACCEPTABLE. Number each page. Each page should have: a. The exact wording of the petition as approved by the Board. b. The control number as assigned by the Corporation. c. The Certification on the back of each page. D. Select and orient Circulators to the regulations and procedures to follow in circulating petitions II. ACCEPTABLE PRACTICES DURING THE PETITION’S CIRCULATION A. All Circulators: 1. Must be Members in good standing. 2. May not use intimidation, misleading statements or payments in securing signatures. 3. Obtain signatures of current RCSC Member Cardholders only. RCSC Privilege Cardholders are not eligible to vote or sign a petition. 4. Must certify, as their legal obligation requires, that he/she witnessed the signatures of each individual signing. B. Petitions will NOT be: 1. Circulated within or on RCSC facilities or property. C. Signers of the petition, in addition to being current Members must: 1. Be the actual person – a wife may not sign for husband or vice versa. 2. Legibly signed in ink. A printed “signature” is not acceptable, unless that is the usual way the person signs. 3. Indicate date on which they signed; otherwise signature is voided. 4. Write legible Sun City street address, RCSC Member Card number and date. 5. Legibly print their name below their signature. D. Signers of the petition may withdraw their signatures at any time during the validation process. III. POST-PETITION CIRCULATION PROCEDURES A. When petition circulation is complete: 1. File completed petitions with the Secretary of the Corporation in book form, including: a. A cover page specifying the quantity of individual petition forms FORM BP:5, filed, the total number of signatures claimed, and the date submitted. b. Number each signed petition FORM BP:5 submitted. c. A cover page to verify each group of petitions submitted and certified by each Circulator. B. The Corporation will: 1. Provide a dated receipt for submitted petition. 2. Initiate the petition verification process. C. The petition verification process will include, but is not limited to, the following: 1. Investigation of Circulators: a. Circulator must be a current RCSC Member Cardholder in good standing. b. Circulator must witness every signature. c. Circulator must sign the affidavit of Circulator on the reverse side of the last petition FORM BP:5 submitted in a group. d. Irregularities, including false or misleading statements by the Circulator, in obtaining, verifying and certifying signatures will result in rejection of all petitions of the Circulator. 2. Inspection of signatures for: a. Legibility. b. Printing instead of signing. c. Absence of dated signature, Sun City street address, and RCSC Member card number. d. Duplication. D. Time required for petition verification. Once the completed initiative or referendum petition is filed with the Corporation, the Corporation will have thirty (30) days from the filing to determine and announce whether or not the required number of signers has been obtained. E. Upon completion of the verification process: 1. If the number of signers is insufficient, the petition is declared invalid. 2. If the number of verified signers is sufficient the Board will set the date to present the petition to the Members for their vote, which will be conducted by the Elections Committee within sixty (60) days of the validation announcement. I couldn't believe it either, and in honesty, i don't know when it became so cumbersome. The one part i know for sure was changed was this; B. Petitions will NOT be: 1. Circulated within or on RCSC facilities or property. Talk about insulating yourself from the rights of the residents insuring you can do whatever you damn well please. By the way, 10% is 3700 plus signatures, all signed in person and off RCSC property.
What is fascinating is the Articles of Incorporation deal with how members can unseat a board member. Here's what it says: B. The Members may remove any elected or appointed Director in the following manner, and any vacancy so created may be filled in the following manner: 1. A petition for a removal election of one or more Directors, specifying by name or names the occupants of the seats whose removal is desired, signed by not less than ten percent (10%) of the voting Members of the Corporation as of the preceding July 1st, may be filed with the Secretary of the Corporation not less than ten (10) days preceding a regularly scheduled meeting of the Board of Directors. At such meeting, the Board shall then schedule an election for the purpose of voting on the removal and replacement of any Directors whose removal is sought, said election to be held not later than forty-five (45) days and not less than thirty-five (35) days after such aforesaid meeting, and said election shall be conducted in accordance with the Bylaws of the Corporation regarding election of Directors. Appropriate announcement thereof shall be made by the Board of Directors on the bulletin boards of the Corporation. 2. Balloting at such removal elections shall proceed in the same manner as specified in Article X of the Bylaws, except that at least fifty percent (50%) of the members of the Balloting Committee shall be selected from those signing the removal petition. Straight forward, simple and yet doable. All of the crap listed above from the board policies came well after the fact and clearly were put in place to insure no board member would ever be kicked off by the residents. No one would argue it should be as easy to remove a board member from office as it is to get elected, but here's the requirements to run for election: A written petition on the official form required with valid signatures from at least one-hundred (100) Member Cardholders in good standing; (ii) An application on the official form required, to include a resume and list of goals; and (iii) Nominee shall make himself/herself available to RCSC for a photograph. It is laughable when you consider we use a 10% threshold for a number of items, but to get elected to the board winning candidates average around 400 to 500 voters.
Let's cut to the real meat of the change because realistically, the idea a director being recalled was slim and none. The bigger voice of the community came because of the ability for the residents to show up in force at any one of the 4 quarterly membership meetings. For there to be a meeting, there needed to be 100 members in attendance; otherwise known as a quorum. These meetings were held every three months in conjunction with the board meeting. If there wasn't a quorum, that portion of the meeting wasn't held. The potential was if there was a quorum they could raise issues for the board to consider acting on. One of the most dramatic changes to these documents came when the board changed the quorum to 3500 residents (around 2009/2010). The only venue that holds that many residents is the Sun Bowl. Subsequent pressure saw the board reduce the number to 1250, but realistically that number is beyond reach as well. Consequently the last membership meetings was Sept of 2009. The argument to do this came from the general manager who claimed it was at our attorney's prompting. She claimed the community was vulnerable to a small group forcing changes that no one really wanted.The irony is the language from our Corporate by-laws prevented this from happening; here's what they say: Proposals or matters relating to the conduct of the business affairs of the Corporation, if brought before a Membership meeting shall be referred to the Board for study. Such matters, being solely within the powers delegated to the Board in accordance with the laws of the State of Arizona, the Restated Articles of Incorporation, and these Corporate Bylaws will be considered only as a recommendation to the Board. If the disposition of these proposals or matters is determined by the Board not to be in the best interest of the Corporation, the Board shall announce its decision and such proposal or matter shall not be considered further. The Members may, by petition signed by at least ten percent (10%) of the total membership of the Corporation as of the first day of the preceding July, bring the proposal or matter before the Membership for a majority vote of the Members present at a duly called and noticed Annual or Special Membership meeting. As you can see, the membership couldn't pass anything at the general membership meeting, but could put an issue in front of the board for study (but only if the majority of the quorum voted for them to do that). The point is, without ever having a general membership meeting, due to the high quorum requirements, the board has virtually nothing in the way of checks and balances from the general population. Stay tuned, it gets worse.
So as the safeguards for resident involvement went by the bye, the two committees who worked most closely with the board were flushed. The legal committee was the first to go, as some of the committee members were crosswise with management. Boards tend to be more free wheeling, but ultimately have no real authority to pass or do anything...other than perhaps be a hemorrhoid in the life of those who have their own agenda. Next up, as i have moaned loudly about was the demise of the long range planning committee. Their role had been greatly diminished as 75% of the PIF budget had been per-determined for golf. Once they had recommended the board do the Marinette project, within months a proposal to remove them as a standing committee hit the table for our consideration. I fought it, but was soundly out voted. One other event took place between these two, that i won't belabor on, but it is worth mentioning. in 2003, the board grandfathered all existing residents to a single rate rec fee. Around 2008/2009 the general manager told the board the existing residents weren't dying or moving out of Sun City fast enough and they needed to make a change. The board arbitrarily elected to say the grandfathering only was on the existing home. I brought board members from 2003 to the meeting who spoke quite pointedly that their intent was on any property they owned or moved to. All for nought as the board ignored what they said and did as they pleased (to this day i'm not sure they understood what they did). Shameful. As i write this stuff, i wonder how many of these board members campaigned on the promise they would strip Sun City residents of their rights and the safeguards built into 50 years of history?
My first year on the board, it became obvious we would never reach a quorum at our quarterly membership meetings. Fellow board members had no interest in reducing the number to make a quorum (1250) so we decided to stop the quarterly meetings and try an annual meeting instead. The first year was about a six hour ordeal and staggered throughout the near-on full day, we were nowhere near reaching the 1250 required number. I was comfortable with the outcome because i felt the board members would see the fallacy of maintaining such a high quorum and would move it downward to something more attainable, like 500. After all, what board member wouldn't want to have a real membership meeting? Huh, i was foolish to believe others felt the way i did. The couple of us willing to vote for a lower threshold found the General Manager using her ever present refrain; "the attorney doesn't think it's a good idea to do that." Really? why would that possibly be? Sun City had survived quite nicely with membership meetings being held with a quorum of 100 and no damage had ever been done, so why now? Hopefully you are beginning to get the picture. With each step along the way, we have moved from a more democratic process to a more autocratic one.
So what's the point? Seems as if we, as a community, have turned the reigns over to one person. It also seems as if this one person has whittled down the power of the community to zero. Looks to me like the community is no longer a community run by the residents. I'm going to guess that someone will tell me the mgtmt works for me. Anyone wanting to say that, explain to me how I can get back all the safe gourds that have been removed.
You can't V and never will. The modifications to our governing documents have changed Sun City forever. Perhaps worst of all is how the net affect of all of this has pushed people away from the governance process and left those elected (or hired) to feel like it is theirs to do with as they please. The very idea any board member would even consider doing things in executive session and not bring it before the residents is shocking at the very least and worthy of facing a recall petition (except the way that's written there's no chance it ever happening eh?). Now that we've traveled down this road, i will start another thread asking the harder question.
It's all quite a depressing thought. But it does seems as if residents have lost control and its politics as usual. How long before one of them will be taking money under the table? They count on people being retired and/or tired....
