Meeting minutes NSS-CDS Board of Directors 5/25/2014

Meeting minutes NSS-CDS Board of Directors 5/25/2014

Chairmans Report

- Decisions need to focus on the best interest of the NSS-CDS.

- Liability should be the primary concern of the BOD.

- Procedural manual should reflect best practices and the process for

transitions.

Vice Chairs Report

- NSS-CDS Legal defense fund

- May workshop 2014

- NSS-CDS Facebook Page

- PPT Presentations

- NSS National Convention

- Safety Deposit Box

- Educational Opportunities

- Conservation Activities

- Additional Clean-ups

- Cow Dressing area

Reggie Ross

- Complaint about letter that was sent by Forrest Wilson to the board of

governors of the NSS and many other people. He felt the letter falsely

accused Jim Wyatt in the handling of the Marrisa Lasso incident. “The letter

was inappropriate and wrong.”

- Term Limits, with a lifetime maximum for individuals.

- Please bring all concerns about the training committee to the training

committee.

Chris Richards

- Would it also be good for term limits for the training committee as well?

- Perception of good ol’ boy network with instructors (fraternity). Why?

- I wouldn’t like to be an instructor for the NSS-CDS because of politics.

Dan O’Haloran

- In a lawsuit, the first thing asked is ”was this person qualified to set

standards for instructors?”

Steve Mann

- I would like to respectfully challenge you to work together.

- “Is training a core element of the NSS-CDS?”

- “If it is, we should embrace it”

TJ Muller

- We should have access to the training committee via transparency.

- Access to meetings

Motion to approve the minutes from last meeting

Motion passed

Treasurer Report - Cheryl Doran

- Bank of America as of 5/23/2014 $10.064.39

About $4025.00 from workshop.

- Workshop bills have not been not been paid, no forecast yet.

- Money from this amount is designated to pay outstanding bills.

- All donations to the legal defense fund have been paid out.

Motion to approve Treasurer report

Motion approved

Property Report - Nathan Spray

- Turns over floor to Dan Haloran

Five ways to protect the CDS from property liability.

Conservation Easements

Escheat the land

Sell the property

Land use trust

Property Insurance (expensive)

School sink is still open, which takes away the defense of notice.

Make recommendation to establish a committee for review the

property management plan and would recommend closing the site.

Publications committee - Cheryl Doran

- Two power points: conservation, diver safety

- To be used by CDS members for outreach.

Secretary - TJ Muller

- Lawsuit update, handwriting analysis backed the waiver. The plaintiff’s

attorney, instead of denying the writing on the waiver was the hand writing

of the deceased, now admits the deceased signed the waiver! Big thanks to

the NACD for digging up the paperwork from 2004 and helping us. Please

thank them if you see them.

- I managed to get Colt Smith deposed, he was a part of the recovery

team and had been approached by the deceased (before the incident) to

guide them in Wayne’s World. According to the attorney, Colt’s testimony

was vital to the defense of the CDS. Colt had not been deposed earlier

because his name didn’t appear on the police report, due to his position

with the police department.

Motion to establish the work of Cheryl as the current totals of the Sheck

Exley fund.

Seconded, Discussed, voted, passed.

Motion to accept donations 1050.00 for awards and booth.

Seconded, voted, passed,

New Business

Motion accept the elections committee results.

Seconded, voted, passed.

Motion to appoint Jared Hires to the Workshop Chair for 2015. Seconded,

discussed, passed.

Current board

Nominations for board positions

-Joe Citelli, Nominated for Chairman, by Jim Wyatt

-Tony Flaris nominated for Chairman by David Jones.

Votes don’t make it around the table. Tony stands up, says “I quit” and

starts walking out. Joe asks him to reconsider. He replies “No”, tosses pen

on the table, and leaves.

-Motion to accept Tony’s resignation, seconded, passed.

-Joe Citelli voted in again as Chairman

-Sylvester “TJ” Muller nominated for Vice Chairman, voted, passed.

-Forrest Wilson nominated to Secretary, voted, passed.

Motion to suspend all diving at schools sink, until the conclusion of the

lawsuit. Establish a committee to evaluate the management plans of all

properties of the CDS. Notice will be sent out to the property.

Seconded, voted, passed.

Motion to close the meeting.

Email votes. Since meeting.

-Vote to accept David Jones resignation, passed.

-Motion to appoint Cheryl Doran to the board, passed.

-Motion to appoint Cheryl Doran to treasurer position on board, passed.

-Motion to accept the elections committee results and appoint Joe Tegg to

the Board to fill David Jones seat as committee chair. (Per bylaws if

someone resigns within thirty days of being seated on the board, the seat

passes to the runner up in the election.)

-Motion to pay Attorney, seconded, passed.

-Motion to pay expenses for the NSS-CDS Midwest Conference.

Current Board

Joe Citelli, Chairman.

Sylvester “TJ” Muller, Vice Chairman.

Forrest Wilson, Secretary.

Cheryl Doran, Treasurer.

Nathan Spray, Properties.

Joe Tegg, Committee Chair

Jim Wayatt, Training Director.

Lawsuit update: after much wrangling, TJ Muller managed to get Mike

Edmonton to depose from Texas. This is yet another dive professional who

advised the deceased not to do dives above his certification, and had first

hand knowledge of the deceased, even going so far as to warn the

deceased. Big thanks to Bert Wilcher and Paul Heinerth for their help

persuading Mike to depose.

Lawsuit update 2: the judge did not rule on our summary judgement on the

waiver due to the fact the the waiver, although signed by the deceased, had

been signed in April — and the incident happened in November. In addition,

the waiver was not witnessed by dive shop personnel, due to the fact that

they didn’t let him dive that day in April.

Lawsuit update 3: the lawsuit was set to go to trial in November, but is now

postponed until May 2015 due to “personal” issues with the plaintiff’s

attorney. A settlement offer was made to the attorney for the dive shop, and

was turned down.

 

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