URTV calls special meeting on removing board member

URTV will hold a special membership meeting April 29 to vote on the dismissal of board member Davyne Dial, who’s been outspoken in her criticism of the public-access channel’s management.

According to a notice on the station’s Web site, the meeting will be held Wednesday, April 29, at 7 p.m. in Studio A, and all URTV members in good standing as of Feb. 28 of this year may vote.

“It is my hope that those members who want URTV to be the beacon of openness and free speech it was established to be will show up and vote against my removal,” said Dial in a written statement to Xpress.

On Feb. 9, URTV’s Executive Committee recommended dismissing Dial and Richard Bernier, who has also criticized the station’s management, particularly what he sees as a lack of transparency. The April 29 meeting will deal only with the proposed dismissal of Dial, who was elected to the board by URTV’s membership.

At the last URTV board meeting, producer Dale Joyner presented a petition signed by 26 producers calling on the board to discuss Dial’s removal. The petition asserted that she’d caused “undue negative publicity and [spread] false rumors to URTV that have served to bring URTV negative press at a very critical period.”

Asked by Xpress to clarify the meeting process, URTV attorney Scott Dillin wrote in an e-mail: “The special meeting was called by the members, at the last board meeting, via [Joyner’s] petition. Under the bylaws, such a petition would constitute a request by 10 percent of the members (I recollect approximately 26 were said to be on the petition) for such a meeting.”

In fact, however, although the petition Joyner read at the meeting did call for Dial’s removal, it did not expressly call for a special meeting.

URTV bylaws require a two-thirds vote by the board of directors to remove a member, and this is what they’ve done in the past. State law does allow the members of some nonprofits to remove board members they’ve elected.

“Other positions on the board, such as Mr. Bernier’s seat, are appointed by the board itself or Asheville City Council and so on, and are not subject to removal by the members,” Dillin explained.

In her statement, Dial was blunt in her criticism of some of the current board members.

“What has happened to Mr. Bernier and myself when we have tried, as members of the board of directors, to abide by the bylaws and management agreement with the city and county has been months of bullying, harassment, intimidation and grief, in an aggressive attempt to coerce us to resign, by certain board members—usually [Secretary] Ralph Roberts and/or [President] Jerry Young and [Treasurer] Joe Scotto.”

In recent months, URTV has faced a number of controversies, including: a confidentiality clause in a now-repealed oath for board members; a memo from Young instructing board members not to speak to the press; and questions about whether the board has adhered to the state’s open-meetings law.

Dial and Bernier have also criticized what they see as a lack of efforts to expand the nonprofit’s membership and forge new partnerships before URTV’s agreements with the city of Asheville and Buncombe County expire next year. However, some producers have voiced their support for management, asserting that many improvements have been made over the past few years and that URTV is generally working well.

“In the end,” wrote Dillin, “[the special meeting] is probably a positive for all parties involved, as it requires notice be sent to all members, giving all parties with an interest in the proceedings an opportunity be present and cast their vote reflecting their position on the removal of the member.”
To view video of Joyner presenting the original petition, go to www.mountainx.com/topics/find/urtv.


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26 thoughts on “URTV calls special meeting on removing board member

  1. As to Ms. Joyners public statement that I “sent slanderous material related to URTV, it’s board, it’s executive members to the National Alliance of Community Members, (whatever that organization is???) to be distributed throughout the country,” I’d need to see her evidence. Ms. Joyner needs to back up her public accusations with facts.

    In her statement she asserts the I am guilty of “spreading undue negative publicity and false rumors regarding URTV that have served to bring URTV negative press at a very critical period.” ………. The press revelations that have been ongoing for two months, have been in response to actions of certain other board members and the management practices at URTV.

    I am simply not that powerful a person that I could have brought on all the recent attention focused upon the actions at URTV. And I would be foolish to distribute “slanderous material” onto a national forum. So, again, please produce your facts. I’ve asked for the facts regularly since the March 15th meeting where Ms. Joyner made her statement; no answer has been forthcoming.

  2. curious

    I am just curious about something.
    For the longest time you posted on these boards as “Dixie Girlz” and you wrote in very simple, easy to write and read English, just like how you normally speak. But the last few weeks since you started posting as “Davyne Dial” there is a sudden change in the verbosity and extent of your posts, and the detailed links and very anal deconstruction of URTV’s documents.
    Something seems fishy.
    Is Peter Brezney, or someone else posting in your name or feeding you lines?
    The dramatic change just seems a little odd.

  3. Thank you for your observation Curious.

    Actually my alter ego Dixiegirlz is a fun loving party girl, who sees the world as a work in progress..and not something Dixiegirlz tries to do much about, she just enjoys participating in, and observing the spectacle.

    Davyne, is quite the opposite, she sees the nuance and complexity of things, and URTV being a pet love, she just hates to see it being undermined. Davyne is an artist and is acutely observant, sometimes painfully so. The role of an artist is to be a thorn in the side of the status quo, and the establishment. That side of a personality is not chosen, it is thrust upon someone, kinda like a cross to bear.

    Davyne is quite happy to see that some of her observations as to management issues, mentioned in several of the articles on MtnExp, are being worked on and possibly resolved for the betterment of UTV. That makes her artist heart swell with pride.

    Nothing fishy here, just opposite sides of a personality, the serious side vs. the playful side.

  4. also curious

    Also, Davyne, I believe you’re trying to parse the truth in your above statement. You know very well that Ms. Jordan refers to the Alliance for Community Media, which is the national alliance for professionals in public access (http://www.alliancecm.org/).

    Also I’ve noted the change in your writing style as well. It’s either Peter or your husband Herb.

    Is staying on the board of URTV really worth all this effort?

  5. Sorry Curious #1 & 2….I’ve never heard of the above mentioned organization. I have heard of the Alliance for Community Media;

    Which I joined on March 5th..and have the canceled check to prove it. Only then was I able to post any comments, which I have yet to do.

    You can accuse me of parsing all you want, but you have to come up with facts. Not false accusations,not suspicion, not rumor, not innuendo. Those tactics work on folks who may be easily swayed or wish to curry favor, but not people who stick to solid debate, evidence and facts.

  6. Well correction seems needed…it appears to be the same organization…but I have a different URL….and just scanned over the title and checked your link, which took me to a different page…ourchannels.org is the organization I just joined, it appears they have a mirror site…that doesn’t seem to be that active. Their forum has only a couple of postings. Still, I’ve never posted to either site, except when I joined the list serve on the public side of the message board. They have a rather confusing method of signing up, and responding , I’ve never ventured into posting to the forum, though I’ve gotten lots of interesting mail from their membership.

  7. R.Bernier

    “URTV calls special meeting” – I question if this meeting falls under the URTV Bylaws or will this be another blunder by the Chairman Rev. Jerry Young??

    Ms.Dail has spoke out for the person without a voice & has ask the ED & Chairman to comply with the URTV Bylaws,OBML’s & complay with both City & County agreements.

    The blame doenst deserve to fall on Ms.Dail, just watch the video & see who breaks the above laws.


  8. I’m curious as to why Curious 1 & 2 is honing in on moot points and carefully avoiding some continuing, glaring issues at URTV. Why the need for such avoidance and secrecy???????

    I posted previously that I ask for access to the financial records, check register, credit card receipts, the list of our membership and to review the “tape” of the secret executive meeting where there was discussion of my dismissal. I was summarially “suspended” within hours of asking for this information.

    N.C. Open Records laws require that this information be made public. After several requests to Chairman Jerry Young, I have yet to receive an answer as to what I’m suspended from.


  9. Curious 3.14159265

    Mr. Bernier, how can you expect us to take your allegations seriously when you can’t even SPELL your co-conspirator Ms. Dial’s name correctly?

    And should “complay with both city and county agreements” be mentioned on a family forum? Sounds pretty racy to me. I’ve often suspected the county commissioners of ‘complaying’ around with our taxpayer money. Maybe you should spend your efforts on them instead of URTV, which seems relatively harmless.

    Sounds like you’re the one making the blunders.

  10. Sundance

    “I’m curious as to why Curious 1 & 2 is honing in on moot points and carefully avoiding some continuing, glaring issues at URTV. Why the need for such avoidance and secrecy???????”

    That’s an easy question to answer Davyne_Dail. This is Ralph Roberts, Pat and others at URTV in disguise!

    Right Ralph?

    You know Ralph for the longest time you posted on these forums under Ralph Roberts on every thread possible but in regards to the threads related to the URTV controversy you have been amazingly absent and this is so unlike you to be just a coincidence!

    Pat, Ralph, Jerry and other “Curious” posters…consider yourselves caught with your hands in the cookie jar again!

  11. Interesting how the “curious ones” choose to nitpick and throw out smokescreens in an effort to divert attention away from real issues with compliance, so well illustrated for over two months You have not one good argument to fall back on.

    All the below the belt remarks accomplish is to illustrate your feet of clay.

  12. Sundance

    Hey Davyne…I agree with you which is why I called the “courious ones” out. I have given multiple suggestions on how to be in compliance and achieve transparency, the easiet way being through the URTV website…all to have it fall on deaf ears or to be told I did not know what I was talking about or to mind my own business. I’ve slung my fair share of mud at them in these threads but only after being covered in mud by them.

  13. curious

    I’m not Ralph, Pat, board member, or staff.
    I’m just paying attention.
    Try it, you’ll be amazed at teh(spell check much R B?) results!

  14. Curious is only curious about typos and spelling. Now that seems very curious to me. Why aren’t you curious as to what all the violations and non compliances are pointing to?

    You come across as an aging school marm with a red pen at the ready. This ain’t writing 101….. Mr. Author of 100 books, ha!
    Anyone can download a book in the public domain, add a few forward comments and add their name as a co-author. Now go on with your transparent denials, give us your best shot.

  15. Sundance

    Curious…a lot of us have been paying attention and offering suggestions and we still haven’t heard from the other two curious folks?

    Perhaps one day you will decide to take off your rose colored shades, and come back to reality rather then living in your fantasy world, pretending to pay attention.

  16. A agency accountant.

    Have other attempts by the public to receive copies of audited financial reports (or pre-audited reports reveiwed by the BOD), or a 990 met with resistance?

    Some financial (and other) info simply will not be available to non-bonded employees for privacy of clients, employees, and members. Orgs have to balance the ideal of transparancy with other’s right to privacy and protection of their personal info.

    It would be better to request the credit card bills. Less paper & the credit card company will not forgot to include any purchases.

    The check register is in iffy territory because of that personal info. It is better to check the policies to see if there is a balanced policy about approval of reimbursements, etc. and if it seems substandard, to recommend improvements. Also, the auditors write a more the sufficiently nit-picky letter each year if they find anything less than perfect in the accounting controls. The BOD is to receive copies of those letters

  17. Sundance

    dear Agency Accountant:

    Have you read the governing Bylaws of URTV? Are you familiar with non profit corporate laws pertaining to disclosure. My suggestion is that you go and read them. As URTV is a membership non profit organization I believe and think under the law members have the right to see the books, after all they are a shareholder of the corporation via membership fees.

    Also as URTV is trying to attract new members (investors via a membership fee) they should be given a P&L;statement and prospectus just like when and individual by stocks or mutual funds. I also think since it is a non profit they are required to provide quarterly statements to members under the law.

    I have never dealt with a non profit that has not been willing to disclose information and it would be a bad idea for anyone to become involved with an institution did failed or railed against providing factual information.

    For god sakes “Agency Accountant” most churches provide financial information to their vestry members and some even go as far as providing at least a yearly statement of finance to their members!!!!

  18. URTV_4_U

    This open record, secrecy with the finances has been brewing for a long time. There are past treasury reports online where the board ask for more specificity. The Board of Directors made a request for more specific financial information back in late 2007.

    Page 10 of the URL below, shows where Mark Wilson and the Executive committee requested detailed account of spending. My understanding from previous board members is this has never been honored by the executive director.

    It takes a few minutes for this PDF to load.

    Actually the whole PDF is an interesting read for those who appreciate details.

  19. Agency Accountant

    For Gods Sake Sundance!

    I am merely making a distinction between reports prepared for review and audit,(and reports by the auditors) vs. detailed/breakdown reports from the general ledger, bills, expense reimbursements, etc. that may contain personal info. I.e between the overall reports to the community and all the little journal entries and documents that make them up.

    Non-profits still need to (have to) respect the privacy of their clients, employees, members, & volunteers. Lots of (protected) personal info can show up in the more detailed breakdowns in accounting reports. We are not required willy nilly to hand over any data to people who do not have a position in day to day operations. There is even a lot of protected data between co-workers.

    Yes I am of course familiar with transparency regulations as I am with the laws of privacy protection. The NC GS offers lots of clarification about what can be made public and what is still protected data & records.

    Since a prospectus is a written plan to sell securities on the open market (usually shares of a corporate enterprise) and since URTV is a non-for-profit corporation that will never have any shares of stock for sale (or in existance) how would you propose writing up a prospectus for URTV? URTV is 501(c)3, it does not have ‘shares of ownership’. Membership fees are just membership fees ~ a simple cash & revenue transaction- not something that creates equity.

    URTV 4 U- thank you for answering my question and the link. This is what I was really looking for.

    PS- speaking on NC, the Sec of State site also posts org’s charitable solicitation licence info.

  20. Sundance

    Agency you can say what you want but their management agreement with the city requires them to disclose in order to receive PEG funding which is indeed public funds. Their bylaws also require transparency which they are not doing. Have you been to their website lately and tried to access the minutes to board meetings?

    Newsflash…there are no up to date minutes available. As a matter of fact there are none for this current year at all.

  21. 11. Are certain government records exempt from disclosure?
    The public records law exempts certain types of records from required disclosure. The law says that records containing certain
    communications between attorneys and their government clients, state tax information (N.C.G.S. § 132-1.1), trade secrets (N.C.G.S. §
    132-1.2), certain lawsuit settlements (N.C.G.S. § 132-1.3), criminal investigation records (N.C.G.S. § 132-1.4), and records about
    industrial expansion (N.C.G.S. § 132-6(d)), are not public records.
    Several statutes regulate public disclosure of personnel information. Although some personnel information is
    public (for example, name, age, date of employment, current position, title, current salary, date of most recent salary or position
    assignment change and location of current assignment) personnel files of state, county and municipal employees are generally
    confidential. See N.C.G.S. §§ 126-22, 153A-98, 160A-168, 115C-321, 115D-29, 122C-158, 130A-42, 131E-97.1, 162A-6.1. These
    rules apply to personnel information for applicants, current employees, and former employees.

  22. Sundance

    Thanks for the info Davyne…that just reiterates my point to “Agency” that URTV needs to start being transparent again as nothing that use to be made available to the public before Garlinghouse started running the show was illegal or confidential and URTV is indeed required to provide and disclose that information to the public under their management agreement with the city.

    “Agency” have you gone and read the management agreement, the bylaws, and the treasurer report on http://www.ourasheville.org yet like I suggested?

  23. Agency Accountant

    Ok- wow- My comments in no way advocate that non-profits do not need to be accountable to the public/community, donors, clients, etc. Further, I am not even offering an opinion on the URTV debacle in general, nor in specific about their fiscal accountability one way or another.

    (again) I am simply pointing out that are distinctions about what types financial info that 501 c 3’s (all of them) are required to hand over to a member of the public upon request vs. what is protected for reasons of personal security to individual people, and what could be a ‘grey area’ because of confidentiality concerns.

    The whole point of the post was to offer insight into the types of documents a person could possibly get from the accountant/bookkeeper (the credit card bill sans the account numbers); or by rights should expect from the accountant/bookkeeper (the auditor’s management letter to the BOD if they are a member of the BOD) of a non-profit- in general. And, an FYI on why other documents would not be so easy to hand out copies to non-employees (or non-auditors).

    I never said that URTV was somehow specifically exempt from the usual standards of disclosure, transparency and confidentiality, nor to any bylaws or agreements they have thereof. And having open books to a government agency that funds you and has one of their employees come into your office and review receipts, bills, payments, client files –whatever- is not what I was speaking of.

    Just like the URTV bylaws, many non-profits give an extra effort to prove accountability. That is what transparency means. To be accountable and show how you are accountable, like putting minutes and the 990 on the website instead of waiting for someone to request a copy. It doesn’t mean a person can walk into the accounting office and look at everything. The CPA’s and county monitors do, though.

    I reviewed a copy of 2007 minutes that URTV 4 U helpfully provided for me and a few other things that I found.

    I also rather thought the post with an extraction of the NS GS actually backed up my point, since it says that some stuff is public, and some is confidential.

  24. 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…

  25. 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:


    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?

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