URTV board president declares two members suspended

URTV board president declares two members suspended-attachment0

URTV Board President Jerry Young has told board members Davyne Dial and Richard Bernier that they are suspended from the public access channel’s board. Both Dial and Bernier have been outspoken critics of the station’s management, and are potentially facing removal from their board positions.

In an e-mail dated April 10, Young stated that Bernier and Dial were suspended—Bernier for not paying his membership dues and Dial because she faces dismissal.

“Richard, you have refused to pay your membership!” Young writes in the e-mail. “I have previously informed you of this matter which is expected of all our membership. Therefore, you should not be speaking to anyone on behalf of URTV. As president I am the only authorized person to speak for URTV.”  URTV’s bylaws, however, don’t require members of its board of directors to also be dues-paying members of URTV. State law that covers the membership of non-profit boards states that “a director need not be a resident of this State or a member of the corporation unless the articles of incorporation or bylaws so prescribe.”

Young’s e-mail also addresses Dial: “Davyne, as you are aware you have been officially noted that you are up for dismissal from the board and as a result you also should not be speaking in behalf of URTV,” it reads. In a subsequent e-mail to Xpress, Dial questioned the reasons behind her suspension and asked “by what authority does the chairman of the board unilaterally suspend a member?”

Dial added that she requested clarification from Young on the reasons and terms of her suspension on April 10, but has not yet received an answer. URTV’s bylaws establish guidelines for dismissing a board member by a two-thirds majority vote of the board, but there is no mention of suspension.  Dial said that the suspension “came within hours after I asked for access to Public Records of financial spending, credit card receipts and membership list for at URTV.”

Both Dial and Bernier have criticized what they see as a lack of transparency at the channel, which has faced controversies in recent months concerning a disputed confidentiality clause in an oath administered to board members (the oath was later rescinded), a memo from Young directing board members not to speak to the press, and questions about whether the board has followed open-meetings law.

URTV’s executive committee voted in a closed session in early February to recommend dismissing Dial and Bernier, but no action was taken at the following board meeting, which took place March 19. At that meeting, URTV Producer Dale Joyner presented a petition signed by 26 producers asking the board to take up the removal of Dial, asserting that her actions have brought negative publicity to URTV.

That petition, URTV’s attorney later said, constituted a call for a special meeting of the channel’s membership to directly vote on Dial’s dismissal, since she was elected by the members. That meeting will be held April 29 at 7 p.m. in URTV’s offices. Joyner’s original petition did not mention a special meeting.

—David Forbes, staff writer

SHARE

41 thoughts on “URTV board president declares two members suspended

  1. Sundance

    Yes, because the board and ED love to abuse their powers and then create powers they do not have under the bylaws or articles of incorporation. On another thread someone actually posted a link that gave information of the ED and boards mismanagement of funds. Also, it states that Pat the ED is not worried about the finances as she feels the city will not let the public access channel fail and in the end will give it the funding it needs. Can you believe that? From my perspective this group of folks running the station just wants to suck up more of our tax dollars which is why we need to keep Dail and Bernier on that board at all costs.

    Don’t take my word on it read the pdf file yourself at the link below:

    http://www.ourasheville.org/071115-urtv/images-data/20071018-urtv-treasurer-report.pdf

    Executive Director as well as the president, treasurer and secretary of the board to be dismissed and no public funds given to these folks while they are in control of URTV. The two board members up for suspension need to be kept on the board as they are only trying to serve the public’s best interest and refuse to be puppets to the ED like the board President is.

  2. As there is no authority for the chairman to suspend board members, the suspensions are without force and both Dial and Bernier retain their status as active members.

  3. Sundance

    I agree and they should continue to show up for meetings and members of URTV should get together a petition to get rid of Jerry, Ralph, Pat and maybe a few others.

  4. URTV_isn't_4_U

    There are no provisions in URTV’s bylaws for this type of procedure, it is totally improper. Who is the “decider” here? How many members must be present and vote, how many votes are needed for the petition to be approved? Who put Ms. Joyner up to this ill conceived notion?
    A publicly funded non profit must be ruled by it’s bylaws. Not some hasty or convenient made up rule that fits the designs of a few people who don’t want any scrutiny.

    Who benefits from this travesty?

  5. Don Yelton

    Open meetings and open books are the way to stay in power in the here and now. We the people need to demand that of our government and anything else that is a 501 3 c or non-profit.

    NOW IS THE TIME TO BE COUNTED or admit you are just a phoney.

  6. R.Bernier

    This sounds like Jerry Young mistakes URTV for his church. We are board members and not people that he can brow beat into submission. We have a duty to care about URTV and its membership. That is who we represent.

    Yes Mr. Young told us to be ‘hushed mouth’ but we are only board members and not sworn to an oath that is a violation of the binding contract with the county and city. We took our job seriously and I am glad to see that Jerry is expressing concern about my lack of not paying dues.

    Wonder where he has been when the membership fell from 623 to just over 200. Did he not know about it or did he not care until we started talking about it. Why has it taken this open display of concern to get his attention to me not paying my dues? He was so concerned that he did not check the by-laws.

    Guess that is why he assumed he could tell me to shut up and not speak to anyone about URTV. I hate to inform Jerry but as Chair, HE does not speak for URTV but he speaks for the board of which by the by-laws both Davyne and myself are still members.

    Unless the rest of the board members are so brow beat that they will bow to Reverend Jerry Young of Trinity Baptist Church and no one on the County Commissioners and City Council give a darn. We will find out on the 29th. Wonder how many policemen will be there?

    It took the attorney to tell them that the request required a meeting of the membership. It took the attorney to tell the Board and Executive Director what was required in the by-laws. Wonder if the attorney will correct them on what their powers are and what they can legally do. Could we see Justice Buncombe Style again? Could it be that Jerry has declared himself God of URTV to fulfill the wishes of the Director because she has two board members that want open meetings and open books? Please note that Mr. Young did not even provide what he said could be provided and refused to answer questions put before him.

    Maybe he was on vacation just like the Director was for the last board meeting or was she afraid to face the music which was quoted by guess who? Ask Jerry and see what his answer is and that will tell the tale.

  7. Sundance

    I’m for that Don why do you think I have pitched putting all the stuff on the website and been on Pat, URTV and GloLady’s case so bad and I do not intend to stop at all.

  8. Tired

    Sundance:
    “From my perspective this group of folks running the station just wants to suck up more of our tax dollars”

    What part of “none of your tax dollars go to URTV” do you not get?
    You also claimed you weren’t even in Asheville, so what is this “our tax dollars” are you talking about?

    Peck,
    There is also nothing that says Jerry CAN’T SUSPEND board members, there is only guidelines about REMOVING them. Go JERRY!!!!!

    Yelton,
    What a wonderfully “Republican” statement for you to make. I hope you feel this strongly about the upcoming prosecution of Bush officials and are as vocal about that as well!

    I’m really enjoying this, Buh bye Davyne, watch closely Richard, your next!!

  9. Bjorn

    Could it be URTV’s Board President Jerry Young’s inspiration for administration, is the same one as the bush-crime family’s?

  10. Sundance

    Tired I hate to tell you this but those funds came from Charter TV fees which was a tax on all of us who had Charter and I still have Charter to forward calls and additionally I am still registered to vote in Buncombe county so I am a resident, get over yourself.

    Tired its obvious you are another URTV narrow minded individual that just wants to take everybody for a ride and wants a free handout.

    Now listen carefully “Tired” as I will give you a brief education. Those PEG funds that Charter pays to the county and city are public funds because you, if you even vote, voted council members and county commissioners into office to represent you. Since those funds were held by city and county governments those Charter funds are public assets and we have every right to question and see how the funds are spent and we even have the right to ask for funding to idiots like yourself be stopped.

    Tired the last time I checked we are suppose to be a government by the People and for the People or do you aspire for us to have a North Korean style government?

  11. shadmarsh

    Does anyone who is not, even tangentially, involved with URTV care about any of this? I doubt it. We find it all kind of silly. I don’t know who is responsible for all the infighting and drama, but as an uninformed outsider I will say that all of this can only serve to drive more people away.

    just my two cents.

  12. Sundance

    “Tired” every argument you have made on these threads has been defeated time and time again. I guess Pat Garlinghouse and Jerry Young have run out of ideas for you to use in your untruthful statements. Perhaps it is about time for you to “surrender” and go crawl back under your rock and hide with Pat, Jerry, Ralph and Lisa?

  13. Tired

    Idiot, Narrow Minded….Really… Personal attacks? Wow!!!
    Hey Tim, Are you as outraged as you were a few weeks ago? I defended you against the unnecessary personal attacks.
    Your turn.
    Sundance, I consider being called an idiot by the likes of you and your little group here one of the highest compliments possible!
    Thanks
    Well put shadmarsh! Most of the “Outrage” has been, and continues to be pathetic.
    See also “Peter Brezney”

  14. James L

    ..and then, he said “nuh-uhhhhh”……and she went all like, “yuh huhhh”…and then they were all like, “whooo dude!” Score 0-0

  15. Bjorn

    I used to be involved with public access stations in Upstate NY & NYC. For over ten years I hosted a local arts-talk show. There was never this kind of drama, or desire for secrecy by the board. I wanted to get involved locally but the childish, petty fascist behavior, has completely turned me off from URTV. If the confederacy of dunces that rule over URTV come to their senses or relocate to China.
    I’ll again be interested in getting involved with URTV.

  16. Sundance

    I feel the same way Bjorn. Did you notice how “Tired” fails to mention attacking Don, Bernier, and I first like all of these URTV Pat clones have done to all of us on these threads?

    I put “Tired” in is place by proving the PEG money was indeed Public money which is why their agreement with the city requires them to disclose, be transparent and obey open meeting laws which they have not and now they are trying to oust two members who only which for URTV to come back into compliance with their agreements with the city, their Bylaws and articles of incorporation.

    Instead of facing the facts “Tired” decides to have a temper tantrum…it’s really that simple and its one of the reasons I will not be involved with their organization and why they should receive absolutely no public funding at all including the PEG funds they currently get from the city and county governments.

    If they wish to have their own North Koeran style type system of secrecy then they should pay for it themselves without any help or financing from the citizens.

    Tired has run out of things of merit to say so “Tired” just resorts to attacking folks first and then he cries foul when someone returns the favor which just shows what type of spoiled hand out wanting babies Asheville and Buncombe county is having to deal with at URTV.

  17. halo in reverse

    All this fighting and drama over what? A public access channel in a rather small town like Asheville?

    Really?

    I assure you (both sides) that most people think you people are a little “over the top” (and I’m being nice)

  18. fastfreddie

    Dudes, give it a rest.

    No one cares. Why does MX keep wasting our time with this? Watch MTV. It rocks!

  19. Sundance

    I just want them to come clean, obey their bylaws, articles of incorporation and management contract with the city which requires transparency and I have offered suggestions on several threads to them on ways to do this and was attacked as others were so we defended ourselves.

    If they don’t want to transparency and disclosure then they should become a private organization,return every penny of PEG funding which is public funds and not take any more PEG money.

    Then they can do their own fund raising via a PBS style telethon and other fund raising methods that does not involve public/government money and remain private with secrecy behind closed doors.

  20. Dr.HS_Johnson_Cpt.USCG_ret.

    Halo:
    I assure you (both sides) that most people think you people are a little “over the top” (and I’m being nice)”
    ______________________________________________________________

    You’re opinion Halo…..you can’t please all of the people all of the time / no-bodies perfect…..what other cliche’ could be inserted here?

    If you don’t like the “discussion” simply don’t click on this thread. That is universal internet thread rule #1.

  21. suspended, suspended ,suspended ,i was suspended ..most people know how hard i worked to build up urtv..the ed put up roadblock after road block,and then suspended me.i think they should suspend the ed,while they look in to this thing..
    sundance,
    i must say,you have insight..
    bjorn
    i see that you know what public access should be like.. i would love to do my show,but this ed will never let me do it..
    i would love to come back to urtv,and produce a show called (urtv board meeting live) ,every month…i would love to set it up in studio a ,every month,and i know i could find people to crew the show,if i were producing it..i also know that richard and davyne would support the show 100%..i bet i could even get don on a camera..and we could make every one on the board look like stars…
    “it’s the urtv glam board.. don’t miss the big fight.., and in this corner,weighing in at 380lb we have ralph,exct…”maybe a band..i love it..
    but the thing is that the truth is that every one needs to show up at the meeting,to vote to keep richard,and davyne,just to show the public that urtv is for openness,and playing by the rules…

  22. Sundance

    I do indeed know how hard you worked Dr. Blackwell and I know you probably did not make a penny off your websites, if anything they cost you money and you only did it to try further the cause for Public access.

  23. it is coming up soon.. now is the time to get on the phone,or the email,and get all good members out to vote at the meeting.. as you may know we have no email list,so everyone must call who they know…
    please help stand for free speech at urtv…

  24. bobaloo

    Does anyone who is not, even tangentially, involved with URTV care about any of this? I doubt it. We find it all kind of silly. I don’t know who is responsible for all the infighting and drama, but as an uninformed outsider I will say that all of this can only serve to drive more people away

    Agreed. They’re killing it themselves.

  25. Sundance

    “Does anyone who is not, even tangentially, involved with URTV care about any of this? I doubt it.”

    Do you not care about how your money is being wasted?

  26. Bjorn

    “Dial added that she requested clarification from Young on the reasons and terms of her suspension on April 10, but has not yet received an answer.”

    What exactly does Mr.Young fear by disclosing or accounting for the station’s financial expenditures?

  27. Sundance

    “What exactly does Mr.Young fear by disclosing or accounting for the station’s financial expenditures?”

    It appears Mr. Young operates as only a mouthpiece for the Executive Director, Pat Garlinghouse, rather then do his job correctly which governing, oversight and holding the ED accountable for her actions and mismanagement(staff, volunteers, day to day operations and finances)of URTV.

  28. shadmarsh

    Do you not care about how your money is being wasted?

    You mean the .003 cents that comprises my share? No, not really.

  29. Bjorn

    The problem isn’t so much anyone’s .003 cents. The more important question is are URTV’s bylaws & articles of incorporation, and management being properly adhered to?

    If we as citizens allow such practices to continue without transparency, or accountability. What will you allow to happen next, torture in the name of security?

  30. URTV_isn't_4_U

    This refusal to allow access to public records, is shameful. And shame on any BOD who has been complicit in allowing this to fester. Now the ED (Garlinghouse) is telling URTV members that she cannot produce the checkbook register because “Wanda Greene has the check book.” Anyone who believes this ought to be horsewhipped for blatant gullibility. Many are fully aware that Jerry Young signs checks at URTV’s offices. Who is kidding who?

    Who in their right mind believes the State, City and County will renew any agreements while the Board allows Garlinghouse to use URTV as her private little business, that has to answer to no one?

  31. Proud URTV Member

    Notice to all CURRENT URTV Members:

    Are you are getting, or are WAY past tired of this ongoing ridiculous drama that has been carried on for weeks by the likes of Peter Brezney, Jon Blackwell, Davine Dial, Tim Peck, and all of their alias’s? Then I urge you to go over to URTV from the hours of 1pm to 10pm tomorrow (Wednesday) and vote to have Davine removed as our member representative. She has not had the producers best interest in mind since she fell in with these NON-MEMBERS who have been on an ongoing hissy fit because they didn’t get their way.

    To go ahead and counter the inevitable accusations by this group aimed at anyone who disagrees with them,
    I am not Pat, an employee, or any member of the board.
    I am just sick of NON-MEMBERS trying to bully the MEMBER organization that I am very proud to be a part of.

    Davine, you agreed to represent the best interest of the membership, you haven’t met that obligation. If you had ever tried to communicate with actual members, instead of plotting with non-members, you would have known this a long time ago.
    Win or lose, tomorrow is the result.

  32. Don Yelton

    Someone needs to ask when the board met to decide to have an election process and who is going to count the votes?

    If the elected leaders let this continue then we know that they will not stand up for open meeting, open communication and are happy to see this thing self destruct regardless of what they mouth.

    Actions speak louder than words. I would love to see all involved from Davyne, Richard, Jerry, an all of the others sit down and commit to open management of this asset. If our elected leaders including both democrats and republicans are worth a crap they will see that this actually happens.

    Past behavior say’s it will not. I remind all involved about the CTS plant and I was asking the board of commissioners to address it back in 1999.

    Now you see why I did not spell either party with capitol letters. Who will step forward and be a leader.

    My bet is no one.

    here is the notice for the vote
    Forwarded from the URTV Board:

    The URTV poll, April 29, 2009, will be open during busines hours, 1 – 10
    pm, in response to many requests from the membership who wish to vote.
    We will accommodate any member with active membership as of February 29,
    2009 during this time period. You will be asked to initial a checklist
    and then given a separate secret ballot on which to cast your vote.

    We are sending this email to the URTV current member list. Please feel
    free to share with someone that you know might not receive it.

    URTV Board of Directors

  33. Bjorn

    If there’s been no deliberate malfeasance by either the Executive Director or the Board President. To date there’s no reason to believe there is. Then it’s only in their best interest & that of the community this apparent veil of secrecy be lifted once & for all.

    Public Access TV originated as a response to disenchantment with the commercial broadcast system. It should be noted we as a community are disenchanted with the politics of secrecy!

    Mr. Young & Executive Director Garlinghouse, in the immortal words of another appointed leader. If you’ve nothing to fear then why keep secrets from the public?

  34. URTV_isn't_4_U

    What a self-serving, piece of disingenuinous work you are Proud URTV Member.

    Ms. Dial along with Mr. Bernier, insisted URTV comply with Open Meeting laws, returning the minutes to the public that had disappeared into thin air, and they are now working to get the public records opened. Word on the street is Mrs. Garlinghouse is telling members she cannot release them because Wanda Greene has them…now think a minute…Wanda Green is a PHD in accounting, and has the whole of Buncombe County to manage, so she’s managing URTV’s checkbook too???? Believe that and I’ll sell you a bridge in Brooklyn. Peter Brezney got booted outta there real quick when he began raising questions about the books.
    http://74.125.47.132/search?q=cache:jtRlf_lCV9YJ:www.ourasheville.org/071115-urtv/images-data/20071018-urtv-treasurer-report.pdf+Peter+Brezny+treasurers+report&cd=3&hl=en&ct=clnk&gl=us&client=firefox-a

    And since she and Mr. Bernier began Board of Driector responsibility to address the declining membership, (from 623 in June to around 200 as of December) URTV’s management is now working on increasing the membership again….much more needs to be done to get URTV in a good position for contract renewal. Trust me folks, if URTV remains out of compliance with the management agreement with the city and the county URTV will not get a renewal contract.

    NON_Compliance. is the big threat to URTV, not people who are pointing out gross violations and gross mismanagement.

  35. Sundance

    Dear Proud URTV Member:

    The only thing Richard and Davine Dial have done is to attempt to try to restore transparency to URTV which Pat does not want as they approached and asked question via the board process first and got nowhere. Open your eyes for once in your lifetime!

    I encourage all URTV members to show up and vote to keep Davine on the board. A vote against her is a vote against the general public and a vote against open access of the media.

    If you vote to remove Davine Dial you are sealing your fate in having the general public turn further against you, not support you, and eventually have them ask their elected officials to stop funding URTV.

    URTV members, a vote to remove Davine Dial is a vote to continue to let Pat Garlinghouse run unchecked from by her puppets on the board Jerry and Ralph. This removal of Davine and possibly Richard in the future will only cause the eventual demise and end of URTV.

  36. James L

    Reality check. URTV is in its final death throws right now, so any prediction of their eventual demise is pure vanity from little people; the very same people insuring it’s shutdown sooner rather than later. Their tax dollars, also known as PEG funds, also characterized as Charter payments funded through cable subscriber fees, will truly and completely end within the next 12 months.

    No amount a whining and bickering from controlling board members, supporters or outraged abusers who failed to realize personal income from the enterprise will do anything to stop that now. This is an initiative placed in the community trust to be developed, supported, and maintained by the so-called community of supporters. It’s fair to say at this point that it has failed.

    The community was given a very large resource by the county and city on the backs of all cable subscribers. Instead of taking that resource and making the most of it, the community as a whole has complained about what they received, expected someone else to do the real work involved, and then asked for more. The children could not play nice with their toys and they will not get any more. They’re free to destroy what’s left at their option. The end result is the fault of everyone involved on both sides.

    It’s a tragic example of the wasted energy and money that comes from divisive, arrogant, and self indulgent people who can’t work together because of their own inflated egos. It’s further evidence that tax dollars should never be directed to any group just because they say they have support. The bar must be higher to establish legitimacy, experience, competance and responsibility for any group that hopes to get public dollars. Yes, that’s what they are.

  37. Sundance

    Here is a link to part 1 of the video that was shot at the Kangaroo court held by URTV to remove Davyne Diall from the URTV board. Pay careful attention in the video and see how Dale Joyner became angry that she was on camara and her assertion that the meeting was not an open meeting as required by NC Meeting laws. Once the meeting got underway the accuser herself, Dale Joyner, was remarkably absent so no one had the opportunity to question her about her trumped up and fictitious charges!

    Here is the link:

    http://exposureroom.com/members/dixiegirlz.aspx/assets/8d1db920dd7e4c6ca373d244a267d36e/

    Is this the way you want your money, Public PEG Funds, to be wasted? Do you think people like Dale Joyner, Ralph Roberts and others at URTV should be able to run around unchecked and out of control?

Leave a Reply