While we work to obtain the required permits, inspections and licenses as required by the CIty of Alameda, Alameda County and the State of California.....The Clubhouse is CLOSED by order.....We WILL BE BACK! 

This is a complicated issue that we are working hard to resolve. 
Notice From Board of Directors: (UPDATED INFO BELOW!!!)
 

Dear BBYC Club Members,

This is a long email packed with important information that is critical to the survival of our club. If you don’t have time to read it all, please read the following summary:

Jim and co-conspirators are attempting to illegally oust the current board and install an interim board

You will receive an email from him (or those working with him) filled with distortions, half-truths and outright lies

We have evidence to prove Jim's claims are false and in some cases may be fraudulent

Don’t respond to any of Jim’s requests or participate in an illegal election

We are demanding an in-person meeting conducted in accordance with the bylaws to discuss this fraught situation

Now, let’s discuss the situation in detail.

DON'T PARTICIPATE IN AN ILLEGAL BOARD ELECTION

First of all, we remind everyone that in accordance with our bylaws, all elections are to be held on paper ballots, IN PERSON, with ten days notice. Therefore, any attempt otherwise is invalid and would not be binding. If asked, don't participate. It's totally invalid and a violation of our governing bylaws.

UNDERSTAND THE ILLEGALITY OF THE CONSPIRATORS' CLAIMS AND ACTIONS

You will soon be receiving an email appearing to come from Jim , the commodore. This email, along with its 'attachments' is riddled with half-truths, deceptions and outright lies, as are these so-called exhibits, which are nothing more than out-of-context data, opinion and abstracts created and edited by Rosalba & Randy with the input of the 'cabal'.

We have many questions, but they won't give us the opportunity to ask or share them with you. Why is that? Clearly, until we hold an in-person membership meeting, where everyone gets to ask questions and receive answers, there will be no resolution to the drama. 

Consider the following:

Don't YOU have the right to ask these and any other questions of your board? 

Doesn't anyone accused of any crime or wrongdoing have the right to answer and present evidence for you to examine and judge for yourselves? 

For several months, Jim and Rosalba  have been acting on their own (along with a small group we call the 'cabal') to subvert the board and the membership of the club for their own purposes. We have done everything within our power and within the law (something they have broken) to stop them. They refuse to allow the membership AS A WHOLE to get together and examine EVERYONE’S evidence and claims of wrongdoing. Why? 

Why have they been conspiring with non-club members including those that we have expelled for violent behavior?

Why have they filed false police reports against members of the board? 

Without permission, why have they changed the locks at the club thereby locking the entire membership and the legitimate board out?

Why have they installed Rosalba as his treasurer (without  board vote or approval), provided 'created' minutes and resolutions to Chase bank validating said appointment? 

Why have they secretly been negotiating with the club’s landlord (who’s holding our lease renewal over their heads) and to what end?

Why have they continued to have outside rentals even after direct instructions from the entire board not to do so due to a massive Covid outbreak? Did the Alameda County Health Dept come to inspect after we infected hundreds of people? Is that inspection what led to the shut down of the club?

Where did the thousands of dollars of revenue from these events go? Where are the REAL transaction data, receipts, register transaction logs? Why were they not provided to the board?

Why/how did Rosalba overtake Square (our POS and member management system) and lock the entire board out?

What happened to all the club’s revenue the past few months?

Why did they close and reopen bank accounts in the club’s name, without the legally required board resolution and meeting minutes?

Why have they applied for permits, knowing the information they are giving government agencies is false? 

Who(m) empowered them to do so if not the board by resolution? Why is Thomasina applying for anything in the clubs name? Is she a board officer elected by the membership? Is there a board resolution for her to do so?

Who gave keys to David/Thomasina, to a club closed by order of the health dept? Only the board should have access to maintain the facility- Why did Ward (a non-member they brought in), David and Thomasina access the club? Did they attempt to turn off breakers to disable the alarm and camera systems/alarm systems? Do WE have video of them doing so? (uh-huh) Is that a criminal act?

Why have they furnished YOUR membership and financial data to multiple known and unknown people outside of the board of directors? For what purpose? Where is your data now? How many people did they transmit it to? Do you really want Kathryn and the like having YOUR membership data- but not your board?

Why have they attempted to commit insurance fraud? Will they again?

Why have they withheld access to the membership database and refused to allow the legitimate board to communicate with the membership?

What's happened to the last two months’ dues and to whom were they actually paid? 

Why did Jim 'pay' himself well over $xxxxxxx towards what credit cards?  Was this legitimate? 
Where did the money come from? Does he have a valid receipt for every single dime?

Why did the club pay the Social chairs son to bartend, without withholding and reporting payroll taxes? Why did she oppose and then refuse to pay R.- an employee bartender who was being lawfully reported and taxed?

What happened to outside rental commissions and to whom were they paid and how? 

Who got paid for catering, baking cakes and decor for outside rentals? How much and by what methods? Why?

Why did Nick reimburse himself or any other vendors or suppliers? Does he have receipts and accounting for it all? (Yup!)

Why have people, such as David , filed false reports of terroristic threats and explosives, guns and bombs to the authorities, knowing that these statements are unfounded and false? Did he encourage others to do the same, knowing they were telling lies? Can we prove that they have an organized plan 'B' do "get rid of Nick" and other board members? Did he pull and shared members confidential boat ownership & registration information and re-distribution of such (inaccurately)

 Who was he/they trying to get rid of or prevent from being able to participate? Why is Randy  the editor-in-chief for YOUR commodore and social chair? Why can't they speak for themselves without his input, especially since he's not been voted in as a member? 

What happened to that little YELLOW SAILBOAT that ended up crashed on the rocks? 
Did any club member or members actually attempt to sink it?
Did they cut lines and anchors- twice- endangering the lives of those on board? 
Who participated?  Who's dinghy did they use? 
Did they confess their actions to others in the presence of security cameras? 
Did they send text messages & emails, trying to convince those they told, not to tell anyone or go to the authorities?
Could such an allegation actually involve multiple club members? 
Could the aforementioned evidence already be in the hands of the authorities?

BACKGROUND OF THE TAKEOVER ATTEMPT

We have for some time been fending off a rogue element within the board whose sole purpose is to overtake the management and operation of the club and install a new board in its place. 

This 'cabal' includes several club members as well as many non-club members. It also includes the marina management whom are fending off a discrimination complaint and investigation by the State of California and are using BBYC's lease renewal as leverage to have individuals removed from our board and club to eliminate the pending lawsuit and end the state's inquest.

There is a great deal to take in, and most people will let this mountain of information wash over them and quit. We have already lost many new and long term members due to the stress and drama this awful situation has caused. 

WE HAVE EVIDENCE THAT PROVES OUR POSITION

You can be assured that the current, legitimate board has extensive financial records and documents supporting our claims of wrongdoing by Jim and Rosalba . These include emails, texts, pictures and videos that we will gladly make available for your consideration. We had planned on doing so at an in-person general membership meeting with all of you, however Jim and the cabal understandably cannot let that happen, that's why you will be receiving their email blast. Note that using this communication channel doesn’t give you or us a chance to refute or counterclaim anything. Remember, they want you to vote out the current board and install an interim one. David  and Thomasina  would be placed as directors. This would then give them the 'vote' and power to replace the rest of us. Following that, they will bring back Kathryn  (formerly EXPELLED), Ward  and Cindy  (QUIT), Randy  (not yet confirmed as a member) and many others, some from another Yacht Club that we would never have accepted. The end game is to oust all the newer, fun, friendly, wonderful members that now make up the majority at BBYC and return the club to what it was prior to this board’s renovations and extensive improvements. 

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BE PREPARED FOR HIGH-PRESSURE PROPAGANDA

They are going to make outlandish claims of fraud, theft and the like. All are absolutely untrue. What is true, and backed up by internal emails, texts and financial documents, is that Jim  knew all along about the grant to BBYC. He repaid himself well over 90 (ninety) thousand dollars from the grant money, and we can prove it. Not with a photoshopped out-of-context 'report' from Rosalba, the illegitimate treasurer whom Jim appointed. Our documentation is directly from the bank itself. Nick can justify and provide a receipt for every single dime of the grant and the club’s funds. Can Jim? Can Anyone else in their cabal? Let's see those receipts!

WATCH FOR A MEETING INVITATION FROM THE LEGITIMATE BOARD

Again, we demand an in-person membership meeting ASAP so that ALL these issues, including any allegations of wrongdoing by anyone, can be discussed and resolved. We further demand that all the co-conspirators be invited to the meeting to answer YOUR questions as members. The co-conspirators include Kathryn , Randy ,  Ward , Cindy , Bill  and perhaps others.  Members like Thomasina , David , Kim  and several others have been recruited by the lies and half truths of this cabal; We would request they be there to answer any allegations made, it's their right. We would also like to invite the Alameda Police Department to answer any questions the membership might have, or arrest anyone that needs to be prosecuted right there on the spot. Further, we'd ask that the entire meeting be recorded for the official club records AND to aid in any legal proceedings that might result.

Thank you for your attention to this important matter,

Members of the BBYC Board of Directors

 

October 12th 2021 Legitimate Board's Response to Jim:

PLEASE, FWD to every BBYC member you know personally The board STILL does not have access to ANY membership data! It was all stolen by Rosalba and she refuses to return it to the board after multiple requests and demands, on the advice of the cabal namely Randy. 

Jim Abel, Commodore BBYC

Regarding the calling of the general membership meeting, the members of the BBYC Board of Directors, agree that it is imperative to have this meeting as soon as possible.   For the record we have found out a number of members in good standing within BBYC received no notice of this meeting.   Furthermore, we have seen email replies to your notice from members that state the notice of the meeting was too soon for them to change plans and arrange to attend the meeting.    The board requests two considerations from you, the caller of this meeting, to ensure all members get a chance to attend.

  1. Reschedule the meeting 4-7 days to be held any day from October 20th-23rd and schedule the meeting in the early evening so that it is a more convenient time for all BBYC members.  Resend out the meeting notice to all members in good standing in BBYC.
  2. Alternatively, reschedule the Saturday October 16th meeting for a starting time of 18:00 so members that have conflicts with the afternoon schedule of the meeting can attend.  Resend out the meeting notice to all members in good standing in BBYC.

Either of these are reasonable requests to ensure as much participation by club members as possible.   The Commodore is the only board member calling this meeting and his schedule should be flexible.  The notice mentions no other outside BBYC club consultants or attendees important to this meeting, so schedules other than those of BBYC members should be of no consideration.
 

You, as Commodore of BBYC neglected to send the members of the BBYC Board, your agenda for the meeting.  Please send the board members on this email, the same information you sent out to the general members with your meeting notice.

You notice states that at the end of the meeting, there will be an election held by an electronic vote on all members of the board as to whether they are retained for the remainder of this years term, with a 50% majority vote.   This again is another move on your part to circumvent the bylaws of BBYC and is an illegal action not sanctioned by the bylaws nor conforming to Roberts Rules of Order.  
 

Regarding voting as covered by BBYC bylaws
 

  1. Article Eight; Section 6 - Method of Elections

All elections shall be by secret written ballot and a majority of all votes cast shall
be necessary for election. In the event that no candidate shall receive a majority of
all votes cast, a run -off election shall be held immediately between the two
candidates receiving the greatest number of votes.


 

  1. Article Eight; Section 8.1 Electronic Voting

Any member in good standing who desires to vote
by e-mail, shall request from the Secretary, within the time allowed for
requesting an absentee ballot, and an e-mail ballot which the Secretary shall
forthwith e-mail to the requesting member. The member voting bye-mail
shall mark the ballot and e-mail it to the Secretary within the time allowed
for casting an absentee ballot. The Secretary shall not divulge the content
of any e-mail ballot to anyone prior to the e-mail ballots being counted and
recorded, along with all other ballots cast at the time of the election.

This notice does not offer the general BBYC members a chance to attend this meeting in person and vote in secret nor to request an email ballot to vote electronically.  Therefore, the BBYC Board insists, to comply with the BBYC bylaws as written for the electronic voting, a ballot be sent out to all members of BBYC in good standing by email. This email must include a ballot listing the members of the board they will be voting on for retention with a 50% majority vote.  This email shall also be cc'd to all members of the BBYC board of directors for verification of member notification.  The secret email ballots once filled out can be returned by email, as the bylaws state to the BBYC Secretary, Karen Conway.  To be totally transparent the board would also like the Ballot emails be returned to the BBYC Commodore, Jim Abel.   Karen Conway will not be able to access her secretary@bbyc email and requests the email ballots be returned to her personal email address of khcinsf@hotmail.com.

The Board members, hopefully with your agreement, suggest a 3-5 day time period for the BBYC General Membership to be able to digest the information presented, fill out the ballots and return their secret email ballot to the secretary and commodore of BBYC for tally and ratification.
 

Your proposed method of electronic voting does not allow for secret balloting nor accountability as specified by the BBYC bylaws.

Regarding the Election;

  1. Article Eight; Section 6 - Method of Elections

All elections shall be by secret written ballot and a majority of all votes cast shall
be necessary for election. In the event that no candidate shall receive a majority of
all votes cast, a run -off election shall be held immediately between the two
candidates receiving the greatest number of votes.

The statement in this bylaw regarding "In the event no candidate shall receive a majority of all votes cast" refers to a general election of new officers for the Board of Directors.   There are 4 current officers on the Board of Directors that could be considered new members that have not be confirmed or ratified by election of the general membership.  These are, as listed by seniority of time on the board;

  1. Nick Stellato - Rear Commodore
  2. John Parsons - Director
  3. Todd LeCorre - Vice Commodore
  4. Peta Sanderson - Director

It is these four members that can be voted on for retention on the BBYC Board by a 50% majority vote.  No others.  This is as stated in the BBYC bylaws and covered in Roberts Rules of Order pertaining to The Organization: Bylaws and Other Rules.
 

Regarding the Removal of Elected Board members

  1. Article 11; Section 1 - Removal of Elected Person
    • This section specifically covers the methodology necessary to remove an elected officer of the board.  This vote can only be taken at a special meeting called not less than 10 nor more than twenty days after charges have been made against an elected officer.  It requires a 66.6% of the voting quorum.


The members of the Board subject to these specific bylaws are

  1. Jim Abel - Commodore
  2. Karen Conway - Secretary
  3. Dan Abrams - Port Captain
  4. Rosalba Abel - Social Chair

The majority of members of the BBYC board insist that you follow the bylaws of BBYC in conducting any election process.   You and your wife, as commodore and social chair, have demonstrated for the last 3 months a total disregard of protocol for the governing and management of BBYC.   This is another case of you two trying to run BBYC as if it is your club and the opinions of the board of directors and the bylaws of BBYC have no significance to either of you.

Make sure this meeting and election is held in accordance the existing bylaws of BBYC.

Karen Conway - Secretary BBYC

Todd Lecorre - Vice Commodore BBYC

Nick Stellato - Rear Commodore BBYC

Dan Abrams - Port Captain BBYC

John Parsons - Director BBYC

Peta Sanderson - Director BBYC


Guess What's Going HERE?
All the communications between the cabal, bank statements,
 receipts, texts msgs, videos and much more-
 For ALL to see! 

 

The Club...

A BIT OF HISTORY

Established 1968

We'll fill all this in later, sorry.

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