Correcting the Record, Issue 15

Issue 15 September 09
During the Third Mutual Board meeting of September 15, Carol Moore practically broke her arm self congratulating. The other board members who have spent one grim year with her at the helm were all damned with faint praise save two….John Paulus and Kathryn Freshley. Moore no longer ever appears in public or indeed in closed session without her leech companion Freshley. Is Freshley afraid Moore will say or do something she isn’t “allowed” to in public? Is she afraid she’ll have another violent episode of temper and is now Moore’s watchdog?
Moore’s opening remarks were quite interesting. In them she discussed the number of times Milt Johns, General Manager of LWV and employee of PCM had issued ultimata to the board of Third; the first in January of 09 when I was present and again several times later. Milt sat on his tuffet at the end of the dais turning redder and redder while appearing to give birth to spiders and later attempted to publicly discipline the queen of sequins. For the first time in her tenure as a board member she kept her mouth zipped.
Moore also mentioned having to deal with “issues with a director”. She was referring, of course, to the unsuccessful attempt by her, Freshley and Paulus to unseat me from the board after they had elected me to the position of director. This is where we come to some VERY INTERESTING QUESTIONS.
Did Carol Moore, President of Third Mutual, misuse Third Mutual Funds for her personal problem?
In February during a closed session of the Third Board Moore threw a bottle of water across the table at me. Doing that was a personal act. Criminal acts are not shielded by closed session. Filing a police report was not a breach of confidentiality. She didn’t consult with the board, she didn’t take a vote, there was no resolution passed. Nobody in Third helped her propel the bottle across the table. SHE did it. It was a personal act.
I filed charges against her. They were filed against Carol Moore; not against the Third Board, not any member of Third other than Moore; ONLY Moore.
The OCRegister reported the following on March 5: “Moore declined to detail her version of events, but said ‘I did not throw a water bottle at anyone’ (and here’s the critical phrase, folks) THROUGH LWV’S MANAGEMENT COMPANY, PROFESSIONAL COMMUNITY MANAGEMENT.” The question here is: WHY is Moore speaking THROUGH PCM when the entire incident was a PERSONAL act? WHO was billed for the service of being SPOKESPERSON for Moore via PROFESSIONAL COMMUNITY MANAGEMENT? Any activity PCM engages in is billed to one of the 4 boards. Just as a lawyer keeps track of time so does PCM. If Third paid for the legal services of Moore and her private problem wouldn’t that a blatant misuse of Third Mutual Funds by a director for personal business?
The second question to be asked is: How would THIRD MUTUAL incur LEGAL charges unless something like the Third Mutual attorney (Adams/Kessler at the time) was used by Moore for her personal advice and counsel? WHO PAID THAT LEGAL BILL? Did Third? I have asked several directors to find out and answer that very question but none have done so to date. What is being hidden? Isn’t using the THIRD MUTUAL ATTORNEY for PERSONAL LEGAL ADVICE a misuse of Third Mutual funds?
A third question would be: Why/how would Third Mutual incur any legal expenses at all before a completely unrelated lawsuit was filed against Third Mutual? That is what Kathryn Freshley stated in her comments to the OC Register August 4: “McDaniel initiated legal costs before she was removed; her removal and lawsuit were later.” WHAT COSTS DID I INITIATE WITH THE THIRD BOARD? NONE. You can bet I didn’t call Adams/Kessler which is the only legal counsel for Third I know of (at that time.) The bottle incident had absolutely NOTHING to do with the question of law involved in the law suit I filed against Third Mutual. That should have cost only Moore her own funds IF she consulted with an attorney for HER OWN BEHAVIOR and the difficulty she brought upon herself for her act. But, unless the attempted removal from the board was the PUNISHMENT for filing a complaint with the Sheriff then there was absolutely NO REASON for Moore to use Third’s lawyers for ANYTHING. If, indeed the whole removal issue was punitive and vindictive then there is a whole other problem coming to light with the operation of the Third Mutual Board and they would have explaining to do.
Did Carol Moore misuse Third Mutual money? Prove to me she did not. Every single time Moore or Freshley brings this up they dig themselves in deeper. They need to accept that the lawsuit is OVER. Moore needs to learn personal responsibility and how to behave in the company of others. Just ask Lixian Lai, a resident who spoke Tuesday.
The truly bizarre end result is that they lost a staunch ally and supporter of many of the actions which they are currently contemplating and implementing vis a vis the managing agent and general manager.
A longtime and very vocal PCM supporter spoke during Member Comments at the Third meeting to decry the action(s) being taken by Third ostensibly against Milt Johns. Although one director chose to believe she was talking about the recall which had nothing to do with the Third Board (beyond several being directly, heavily involved in the No on recall effort) subsequent comments by Milt, Moore and other board members left absolutely no doubt that her comments were directed against unstated actions being taken against Johns by one or more boards. The fact that the resident had difficulty reading the prepared statement further supports the interpretation that she was speaking against actions discussed in executive session which have still not been disclosed to the public beyond Marv Rosenhaft’s letter to the Disbro boys, et al.
Did this resident have inside and confidential information as yet publicly undisclosed? Was her speech written for her? If the speech was written for her, who wrote it? Was her speech written by anyone in the employ of PCM? Was the information supplied through the usual source; the longtime conduit to Positive Solutions and PCM by a former board member? There are lots and lots and lots of questions but one thing is for certain: Carol Moore doesn’t know how to comport herself properly and she and her keepers need to move forward. It would be a good idea to start with a simple apology for her behavior. I won’t hold my breath but that one act could have prevented a world of angst for her both in the past and possibly in the very near future.