CZ Master Association Transparency - Mr. Zipperman
By Joseph Morabito, former member CZ Master Association Board of Directors
June 19, 2007
Mr. Zipperman: As the new President of CZ, you really need to break with the Varo/Mezger past and culture of corruption if more transparency is really a goal you want to advance. Executive Session issues relate to Contracts, Specific legal issues and personnel matters and nothing more as prescribed by LAW. Any other topic including the very discussion we are having about Sports Park utilization is an open session matter. And, if these topics and documents are being passed around during Committee Meetings, any CZ Member has a right to attend those meetings requiring minutes and be privy to documents provided to the Committee. The Sports Park matter is not an Executive Session matter. The percentage of CZ kids using our Sports Park is definitely not an Executive Session matter.
Deep Throat felt the need to call me anonymously to give me information about the number of CZ kids participating in league sports because he/she apparently was required to sign a confidentiality agreement to participate on that Committee. The only time that I know of that the Glisson/Rose Board required Committee participants to sign a Confidentiality agreement was when I ran the bidder process to select a property management company. That was done appropriately because we were discussing contractual matters as part of the process. In essence that Supplier Selection Committee was acting as an extension of the Board in Executive Session.
Steve, it is pretty bad when a CZ Member has to call me anonymously fearing retribution from the Board for giving me information that I have every right to see by just going to the Committee meeting in question. This situation is a hold over from the Varo/Mezger years of corruption and mismanagement. Please STOP IT.
And, you must disclose what is really happening at our Sports Park and that includes the specific number of CZ Member’s kids actually participating in league sports and the fully loaded cost to maintain the Sports Park . We don’t need any one’s names just the numbers. Based on the numbers provided by Deep Throat, it is becoming very clear to me with the change in Coto demographics, that the Sports Park should probably be converted into a multi-generational Central Park with broad appeal to all 3,575 CZ Members rather than a few hundred families who refuse to pay their fair share to maintain those fields. And, this will particularly be the case, if we can’t get local government support and more money from the leagues to cover maintenance. It makes no sense to tie up that much acreage to benefit just a few hundred CZ Members. It is high time that CZ Board Members begin to represent the interests of all CZ Members and not just the special interests of a minority in our community.
Most important, the Zipperman/Yocham Board needs to break with the past shenanigans of the Varo/Mezger Board to avoid tarnish and the culture of corruption that has been prevalent for several years. Varo & Mezger should either resign or be recalled from office for cause. As the facts continue to come out, it is very clear that Bob Varo & Jerry Mezger have continuously violated their fiduciary responsibility by failing to properly represent the interests of CZ Members. This whole deal with the Sports League is just one of many, many examples. Joe Morabito
P.S. The Sport League is paying $9,000 a month to use Lennar/Wagon Wheel Park as we get almost nothing from them for use of our facility. We are getting SCREWED because Varo & Mezger abrogated their responsibility and turned our Sports Park over to the league for almost nothing!!! How does that make you feel?
Hi Joe:
It is deplorable that in Coto de Caza, it takes a Kasparov-like (Putin’s) critic, (in this case Joseph Morabito) to encourage anonymous callers to come forward with relevant information, or residents cowed into submission to provide the CotoBuzz Journal with copies of correspondence, but only on the condition their names not be revealed. Worse yet, the Varo/Mezger board requiring potential volunteers to sign confidentiality agreements. Is it any wonder the Varo/Mezger boards have been consistently against direct elections?
By law, Coto residents have a basic protected right to free speech, the right to be informed and to participate in the operation of the Association and the right to enter into dialogue with the CZ Board of Directors with regard to the workings of the Association . The law does not make these rights contingent upon Members not writing to the Coto Discussion Forum, The CotoBuzz Journal, Canyon Life, the Register or any other media, as set forth in The Basic Principles of Fiduciary Duty in the California Corporations Code. Corp. 7231(a), Corporate Law 124-5 (1986), and Higley v. Kidder, Peabody & Co., 920 P.2d 884 ( Colo. App. 1996
The Zipperman/Yocham Board has some real work to do to reverse the culture of corruption, deceit and cronyism that existed under the Varo/Mezger Board. And, the CZ Board needs to start minding the store once again instead of abrogating its responsibilities. It is time for hands on management rather than the old Varo/Mezger country club, feel good, smooze fest that resulted in fiasco after fiasco. CZ Board Members need to do their homework, plain and simple. JM
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