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  1. #1
    Join Date
    Nov 2012
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    3

    Default Publicly Censured by Property Owner's Association Board

    My question involves defamation in the state of Colorado: I am on a Property Owners Association Board (POA). At the Annual Meeting this year, I stood up and told the membership why I had voted against the application of the Rural Development Loan (RD Loan). I was passionate, but spoke the truth. (Later in the meeting, I apologize to those in attendance for my passionate outburst and stated I was sorry if I offended anyone.) I was later given a letter of Resolution from all of the Board members in an Executive Session. The letter was a censure and admonishment of my "unprofessional action". All of the Board members signed it. (There is no written code of conduct that we sign when we become Board members.) I thought that was it. I accepted it. Then 2 months later, it was published in the Association newsletter, which goes out to over 500 people and then published on the internet site for anyone to see and read. At the annual meeting, approximately 50 people heard my speech. There were members who applauded me and thanked me for what I said. I still have not received my copy of the newsletter. I had to read it on the internet. I am currently looking for employment and this Resolution is not flattering. Do I have a case for libel and defamation of character? What type of lawyer do I need?

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Printing a Resolution Given to a Board Member for Actions at an Annual Meeting

    "Do I have a case for libel and defamation of character?"

    I'm not sure how on Earth we'd know if the only description we have is that you were "unprofessional" (vs. passionate) at the meeting. I'd like to think that you googled the topic of libel/defamation and understand the basic concepts before posting about this, but unless for instance they called you a child molester (and you aren't) or a thief (and you aren't), I don't see how this situation falls under the heading of libel (defamation would be spoken).

    I'd feel free to see what you can do to get your own rebuttal/explanation in this "newsletter" or otherwise use the "system" of the POA to address what you feel is a "public" shaming vs. sharing of simple fact/information (that the board issued this resolution), but ...

  3. #3
    Join Date
    Nov 2012
    Posts
    3

    Default Re: Printing a Resolution Given to a Board Member for Actions at an Annual Meeting

    Quote Quoting Foster_Foster
    View Post
    "Do I have a case for libel and defamation of character?"

    I'm not sure how on Earth we'd know if the only description we have is that you were "unprofessional" (vs. passionate) at the meeting. I'd like to think that you googled the topic of libel/defamation and understand the basic concepts before posting about this, but unless for instance they called you a child molester (and you aren't) or a thief (and you aren't), I don't see how this situation falls under the heading of libel (defamation would be spoken).

    I'd feel free to see what you can do to get your own rebuttal/explanation in this "newsletter" or otherwise use the "system" of the POA to address what you feel is a "public" shaming vs. sharing of simple fact/information (that the board issued this resolution), but ...

    I did not go into deep detail. The Resolution was given in a closed Board only meeting with no notes taken. I am posting the Resolution with my name as Ms Jones removed. I can respond to the Newsletter portion, but cannot respond to it being posted on the internet. The Board President has taken full control of our newsletter and the internet. He has final say in what is printed on both venues. Again the Resolution was given to me in a private session. I was not aware it would published for all to see. As for the attack that I am accused of, a Board member's wife took out her cell phone, when the first Association member got up to speak and stretched her arm up and out and was recording the members reading of a letter. Her phone was within 12 to 15 inches of the members face. The Board members wife was sitting right next to the lady speaking. I tried to get her attention quietly and ask her to stop (they were both sitting directly across from me) and then I had to raise my voice, not yell, to ask her to stop. The wife had not recorded anyone else during the whole meeting. Her husband has made it clear that he has a deep dislike for the husband of the member reading the letter. That husband had just sued the association to have a letter removed from the internet site that was libel. The letter was removed and apologies followed. I had specifically told the Board not to publish this letter on the website.
    Here is the resolution with the Association name removed and my name as Ms Jones.

    "The Board of Managers of _____(the “Association”) hereby resolves to formally
    censure and admonish Board Secretary Ms Jones, for her actions displayed during the July 28, 2012 annual meeting of the membership. Specifically,
    the Board finds that Ms Jones verbal attack against a member of the Association, whom she accused of recording part of the proceedings (an activity which is permitted in a public meeting) to be unacceptable. In addition, Ms Jones emotional disparagement directed at the rest of the Board and membership of the
    Association, over the issue of submitting the RD loan, to be unprofessional and unbecoming of an Officer of the Association or of a Member of the Board of
    Managers. Be it further resolved, that displays of this nature in the future against any Association member or fellow Board member, during any regular Board of Managers meetings, executive sessions, special meetings, annual Membership meetings or one on one encounter while continuing as a member of the Board will not be tolerated and the Board will take all required action to remove Ms. Jones from the Board if her actions persist.
    While the Board respects differences of opinion both within the Board of Managers and by members of the Association, the Board will not condone behavior which does not reflect a professional and respectful expression of these differences of opinion.”

    Six Managers of the Board in Executive Session adopt this Resolution on August 11, 2012.
    Signatures of all members followed.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Printing a Resolution Given to a Board Member for Actions at an Annual Meeting

    You don't get to sue because something that puts you in an unflattering light is said. You only get to sue if something UNTRUE is said AND you suffer damages on account of it.

    Precisely what was said that was factually untrue (as opposed to someone else's opinion, or truthful but negative) and precisely what damages can you prove are directly related to that factually untrue statement?

  5. #5
    Join Date
    Nov 2012
    Posts
    3

    Default Re: Printing a Resolution Given to a Board Member for Actions at an Annual Meeting

    So if I am trying to find a job and someone sees this and thinks I am an emotional nut case and won't give me a second look, that's not a
    damage to my future career? How could I prove that? Anyone who sees it and doesn't give me an opportunity will ever admit that is why they didn't give me a final look. The internet stuff doesn't go away. There are articles I wrote at the collegiate level in the late 80's that come up when you google my name. Is not trying to make someone look "bad" on the internet not a form of cyber bullying?

  6. #6
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Printing a Resolution Given to a Board Member for Actions at an Annual Meeting

    As a practical matter, you really have no recourse. Any attorney willing to take your case would almost surely expect you to give him a $5K retainer upfront, with the expectation you keep that milk-bucket full, and no guarantee you will win. Most folks looking for work simply can't afford that.

    As a legal matter, and in regards to defamation of character, since you are on the board of an association, there are qualified privileges that attach to this and a right of free speech on matters relevant to the association's activities, even if defamatory. So the board of managers will almost surely have the case dismissed based upon qualified privilege. Even if it goes beyond this, all the board has to show is that their publication was "substantially truthful", and they are off the hook. The court will look at the entire publication as whole, and will not nitpick if one part was right and another is disputed.

    As a personal matter, you admittedly had an emotionally driven outburst in a public meeting that left you feeling a need to apologize "in case you offended anyone".

    The board of managers took exception to your behaviour and unanimously reprimanded you, not so much personally as you may feel, but in your position as a member of the board. While it certainly paints you in an unflattering light, it is not an entirely untruthful light.

    And many employers would be rightfully concerned over a potential employee who may be prone to outbursts.

    Filing a lawsuit will become a public matter, which could easily damage your position even more. You would likely end up with more egg on your face, and a lot less money, than you now have.

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Printing a Resolution Given to a Board Member for Actions at an Annual Meeting

    Quote Quoting nppugh1
    View Post
    The internet stuff doesn't go away.
    Your right about that. But look at the bright side, "in 100 years, nobody will care what happened in the meeting".

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