LEWISBURG, TN – An email exchange of TWHBEA members and Directors questioning TWHBEA officers President Steve Smith and Sr. VP Walt Chism has reached critical mass with the following dispositive adjudication by Chief Justice Walt Chism as to legislative intent and his personal legal interpretation regarding the Tennessee statute providing for recall of non profit corporation director.
Subject: RE: What is wrong with a stamp????????????
You have to ask yourself several question, why would you have a meeting if you were going to allow mail ballots? In places in the Act, it defers to the bylaws/charter but not in this case, why not?At the time this Act was passed, (1987) the internet had already been born so the legislature was well aware of other forms of communication including the United Sates Postal Service. My conclusion is if they wanted you to use or even allow other forms of communication for the removal of a director, they would have said so. Instead they called for a special meeting for that purpose. That’s pretty clear to me. You’re going to have a meeting, you’re going to take a vote. If the standards are met that are defined in the Act, she will be recalled.We have to be fair to both sides, that is why we are following the statue as written and not assuming any unwritten interpretations. The Act says what it says!The fact that the Act was silent on mail ballots doesn’t mean you can use them.Walt”In an earlier embarrassing pronouncement Chism took the legal position that:This is not an issue about soring, it is about the right to recall a director from California under a Tennessee law. How and where is controlled by the Tennessee statue that gave you the right to ask fir the meeting in the first place. Under our bylaws, a director can only be removed for cause and only by the BOD,We’ll proceed as required by the Tennessee statue.Walt ChismThen Chism was corrected by Rick Chovan:
Are you making up the rules as you go along? It was my understanding that only the California members can recall Christy and not the BOD. Anyway I need to know which rules you are followig to determine if have to make the trip to Lewisburg for the meeting.
Rick ChovanThen Chism dismissively admitted he had boogered it up:
No, Rick.Disregard any comments about the BOD removing anyone.
I was attempting to delineate between our bylaws and the Tennessee statue. If that confused you, I’m sorry. The bylaws do not allow a director to be removed for no cause and there are no provisions for the BOD to be recalled by members. But the Tennessee statue does and those are the rules we’re following. The bylaws do not come into play here.
It can be a little confusing but you can’t jump back and forth between the Tennessee statue and TWHBEA bylaws as it suits you. The petitioners chose the rules under which the meeting will take place, not me or TWHBEA. It was their choice.
WaltWhile Walt Chism is trying to “play” being Chief Justice, he apparently forgot what he said in a Press Release on December 30, 2013:“Although the TWHBEA bylaws don’t specifically address all of the particulars of the meeting, TWHBEA leadership is following the Tennessee Nonprofit Corporations Act and all guidelines of the Tennessee law. “We have and will continue to comply fully with the Tennessee law and our bylaws and have repeatedly confirmed the process with our legal counsel,” said Senior Vice-President Walt Chism. “Our responsibility is to make sure both the party requesting the special meeting and the party they seek to remove have fair process under the Tennessee law,” concluded Chism.”Radar thinks its past time for somebody to sue those clowns, Steve Smith and Walt Chism at TWHBEA who are holding a 7,600 member organization hostage for the sole reason that they are attempting to protect and continue the culture of the sore Big Lick Tennessee Walking Horse which is represented by Christy Lantis, California Director.