QUESTION:
How can we start recall paperwork…..to have (Jerry) Mezger removed”? - from CZ Master Association Board of Directors
August 22, 2007
The question was recently asked in the Coto Discussion forum: “ How can we start recall paperwork…..to have (Jerry) Mezger removed”? – Given that the interest on the subject is reaching a crescendo, we have summarized the information we have received to date, including a compelling argument for recall prepared by former member of the CZ Master association board of directors, and a couple of blank petitions.
For a recall process to succeed, there may be two alternatives:
1) Get 2/3 of CZ delegates who voted on the last election to sign a recall petition. According to former member of the CZ Master Association board of directors Joseph Morabito, “If it can be demonstrated that the Delegate votes are there to RECALL Mezger, then maybe Mezger will just resign rather than put the Association through the expense of an actual RECALL election. That is exactly what happened when John Zarian resigned”
2) Get a minimum of 5% of the membership (around 179) to sign a recall petition.
We have prepared two blank petitions, one each for a) CZ District Delegates and one for CZ titleholders. If you are interested in participating in the process, simply send us a note via phone, fax or email. If we collect the minimum number of signatures, we will in turn send the petition directly to the board (or will turn over to anyone who may want to champion the cause) - at no time will we make the information public!
Argument to recall Jerry Mezger – prepared by Joseph Morabito:
Hello All: As a former CZ Board Member I take the action of RECALL very seriously. I do not believe that RECALL should happen for policy differences or for frivolous reasons so when I call for the RECALL of Jerry Mezger, it is because there are legitimate grounds as follows:
Mezger was in escrow to move out of CZ when he ran for the Board in May. He purposely withheld this critical, material information which would have caused his defeat. I call that lying. Mezger moved into The Estates about one month after the 2007 Board election.
Mezger and other CZ Board Members conspired in 2006 to deny a Board Candidate a seat by failing to reveal that Sean Larkin had actually moved out of the area to take a job. Larkin resigned one week after the Board election allowing Mezger and other sitting Board Members who conspired with Mezger to appoint a Board Member rather than allowing Delegates to elect one. I call that unethical.
Mezger has ignored the Oakview/Oakknoll Agreement/Memorandum requiring that those gates remain closed as a condition of development. In doing so and in not requiring significantly more insurance indemnification from that sub association, CZ Members are exposed to unnecessary liability and a breach of security. I call that a violation of Board Member fiduciary responsibility.
Mezger voted to fire the CHP knowing full well of the danger on our streets. During that time period we had two tragic deaths on our streets. There is also a lawsuit pending against the Association from this time period related to a serious accident on our streets. Mezger’s actions have damaged our relationship with the CHP making it difficult to get more hours from them which is exposing our Members to continued danger on our streets.
Mezger has never understood the concept of Conflict of Interest. Now that Mezger lives in The Estates he has an irreconcilable conflict of interest making it impossible for Mezger to represent the interests of CZ Members. And, Mezger does not recognize the conflict of interests in selling his wife’s real estate services at our gates at our expense to enhance his family income.
Mezger took action to give advertising revenues away to CotoCAN that legitimately belongs to our Members from distribution of maps at our gates at our expense.
Mezger supports the subsidies going to various outside groups, sub associations, and organizations which have caused two dues increases in two years.
Mezger continues to demonstrate on issue after issue that he does not see the ethical line in the sand necessary to serve on the CZ Board of Directors.
I believe that Jerry Mezger has violated his fiduciary responsibility to represent the interests of CZ Members and that he is guilty of malfeasance both of which constitute legitimate grounds for RECALL. In circulating petitions, please feel free to distribute these grounds as the basis for Jerry Mezger’s RECALL from office. JM
PETITION TO RECALL DIRECTORS – General Guidelines
Petition Percentage. The membership may request a special meeting of the membership for the purpose of removing individual directors by presenting a petition to the board signed by 5% or more of the membership. Corp. Code §7510(e) See sample recall petition below. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws.
Proper Signatures. Only members may sign a petition. Tenants and spouses not on title may not sign the petition.
--------------------------------------------------------------------------------
PETITION TO RECALL JERRY MEZGER – 5% of CZ MEMBERSHIP
The undersigned members representing 5% or more of the association hereby petition that (i) the board of directors set the earliest reasonable date, time and place for a special membership meeting for removing Jerry Mezger from the board, and (ii) that notice and ballots be sent by the board to the membership as provided for in Sections 7511 of the Corporations Code and 1363.03 of the Civil Code.
Signature Print Name and Address
___________ _____________________
___________ _____________________
--------------------------------------------------------------------------------
PETITION TO RECALL JERRY MEZGER – 2/3 of CZ Delegates
The undersigned members representing 2/3 or more of the association’s district delegates, hereby petition that (i) the board of directors set the earliest reasonable date, time and place for a special membership meeting for removing Jerry Mezger from the board, and (ii) that notice and ballots be sent by the board to the membership as provided for in Sections 7511 of the Corporations Code and 1363.03 of the Civil Code.
Signature Print Name and Address
___________ _____________________
___________ _____________________
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