URTV replaces membership meeting with poll to decide board member’s dismissal

An e-mail from the URTV Board of Directors announced that, instead of a member’s meeting to decide the fate of embattled board member Davyne Dial, from 1 p.m. to 10 p.m. tomorrow in the public-access channel’s offices there will be a “poll of the membership” to decide whether she will remain on the board.

The message, sent by URTV Director of Programming Curt Arledge and signed “URTV Board of Directors,” stated that “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.”

The announcement adds that anyone who was a URTV member as of Feb. 28 will be able to vote and “will be asked to initial a checklist and then given a separate secret ballot on which to cast your vote.”

The meeting of the station’s membership had originally been scheduled for 7 p.m. on April 29.

Dial, who has been vocally critical of the station’s management, has been facing an attempt to remove her from the board since its executive committee voted to recommend dismissing her in February. However, the board made no attempt to dismiss her at its last meeting, and she (along with fellow board member Richard Bernier, who the committee also recommended removing) participated as a board member.

At that meeting, URTV producer Dale Joyner asserted that Dial had brought negative publicity to URTV, and Joyner presented to the board a petition signed by 26 producers requesting Dial’s removal. The petition requested that the board discuss the matter.

URTV’s attorney later said that the petition constituted a call for a special meeting to vote on Dial’s removal.

State law allows the members of some non-profits to remove board members.

The law states that “A director elected by members may be removed by the members only at a meeting called for the purpose of removing the director and the meeting notice shall state that the purpose, or one of the purposes, of the meeting is removal of the director.”

— David Forbes, staff writer

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47 thoughts on “URTV replaces membership meeting with poll to decide board member’s dismissal

  1. URTV_isn't_4_U

    One needs to read the complete statute.. the bylaws govern URTV, not this statute.

    URTV’s Articles of Incorporation state that URTV is governed by it’s own bylaws and policies and procedures. There is NO provision for this move by the “Board” to do this. Well (again) select members of the Board, because not all the Board members were informed or voted on this “poll.”
    Shame on you BOD members who participated in this and brought yet more negative attention to URTV.

    (j) Notwithstanding any other provision of this section, the articles of incorporation or bylaws may provide that directors elected after the effective date of such provision shall be removed automatically for missing a specified number of board meetings.

    (k) The articles of incorporation may:

    (1) Limit the application of this section in the case of a charitable or religious corporation; and

    (2) Set forth the vote and procedures by which the board of directors or any person may remove with or without cause a director elected by the members or the board. (1955, c. 1230; 1973, c. 192, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 801, ss. 19?21; 1993, c. 398, s. 1.)

  2. Sundance

    hmmmm…something is beginning to really stink and smell fishy but maybe having a longer time to vote is a good thing. On the other hand, who is doing the counting and how does anybody know that it will be fair or even reported accurately?

    Sorry but I don’t and will not trust Pat, Jerry, Curt, Dale Joyner, Glolady or Ralph Roberts at all and nobody should as they have not been honest to date so why would they be now?

  3. Time-out

    Hmmm, looks like another “hail Mary” pass to me, by certain members and the management to get rid of a member asking for transparency. If there is nothing to hide, what is the problem????? Garlinghouse was instructed over two years ago to be more specific with the money…that has never occurred.
    There is speculation on the street that a Board member is being paid, is that is why they are afraid to reveal the records?

    Sundance you said it well, why should /would we trust any of these yahooos? Their actions have not shown them to be honest or trustworthy.

  4. R.Bernier

    I am again sadden to see the direction that the Board of Directors is heading. I question if this membership meeting is in line with URTV Bylaws.

    Here are three questions to ask:

    1- Did the current Executive Director along with Board Members violate “Open Meeting Laws”?
    2- Did the Executive Director break the City & County Resolutions?
    3-What action has this board done to address the violations?

    Basic questions yet Chairman Jerry Young will not answer. This people is a simple public access tv – if we are not able to be honest & uphold what is required then its clear to see were we are as a County.

    RBernier
    SM Productions
    http://www.uswebtalkradio.com

  5. What is the authority for conducting a poll of the membership to determine removal of a director?

    At what public meeting will the ballots be made available to the public for a re-count?

  6. Sundance

    I say congrats to Matt as well. My only hope is that he does not become a Jerry Young, Ralph Roberts and Pat Garlinhouse puppet! I don’t think he will but only time will tell and I will be watching.

  7. Sundance

    and Matt since your on the board now…transparency please or I will continue asking the city and county to stop the PEG funds to URTV…period!

  8. Davyne_Dial

    Everyone who received a notice of a membership meeting at 7:00 pm tonight, please attend.!!!!!!

    The notice sent out yesterday, does not cancel out this meeting at 7:00 pm.

    Please attend and cast your vote FOR openness and transparency, and free speech.

    I wish I could contact all URTV members in a private email, but I have consistantly been denied access to the membership list. And the URTV forum webmaster removed my (office) and canceled my login name and password a couple of months ago…so I cannot post any notices at the URTV forum. So this comment board must serve as my way of getting in touch with members.
    D. Dial

  9. Sundance

    “the URTV forum webmaster removed my (office) and canceled my login name and password a couple of months ago…so I cannot post any notices at the URTV forum.”

    Are you kidding us? This is just ridiculous, you are still a board member until voted to be removed and there is nothing in the URTV bylaws that allows for Jerry, Pat or Ralph suspend a member.

    Hate to say it but go get a lawyer and sue this organization into non existence and then from the ashes perhaps another public access station can rise from the ashes without the current lineup of idiots runing URTV.

    This is just Bullshit so I am asking all citizens of Buncombe to demand city and county councils stop sending PEG funding to URTV. Call them or email them today!

  10. steve rice

    I was talking to a friend about my video project “My Marshall” that would be airing at 6pm on Thursday the 29th, and how excited I was, even tho it was uninspiring and probably boring. But that was unimportant. What was important was the chance to communicate with my friends and strangers a little of what I see in the world, to show the world from my perspective. To excerise freedom of expression, freedom of speech. To me that is what URTV is all about, freedom of expression, freedom of speech.
    He too was excited because he was a former viewer of the Mad Scientist Tea Party and was the first to tell me he had seen me on that show which he found zany and entertaining. He allowed as how from what he had been reading, things were perhaps not going as well as they should be there. I allowed as how as far as the operating of the station was going, things were great. The facilities are beautiful, the equipment is first rate and perfectly kept and the staff are knowledge and friendly and helpful. The only thing I can see it lack is more local content. More local writing, more local acting, more local music. But that is very doable. The important point is to support and enhance the -ONLY- source of public access to significant commication in western NC. It gives anyone a chance to speak their mind. There is a reason that free speech is the first amendment to the constitution. Without free speech, the ability to speak our mind without fear of any impediment there are no other freedoms and we no longer living in a free country.
    Which brings me to the Wensday meeting to dismiss Ms. Davene Dial from the URTV board.
    Ms. Dial is a dear friend, but the other board members are also friends, as are most of the people involved. What I would like , pray, hope to see is for everyone to take a step back, take a deep breath and see where we are heading. The law of unintended consequences is always working and is as sure as gravity. While Ms. Dials presence on the board cannot possibly hurt the board in any way, and is positive in the fact that dissent and another perspective is not only healthy, it is required in order to keep everyone acting in an upright way. But what is also sure as gravity is that the dismissal of Ms. Dial will have a PROFOUND effect. It is ungenerous, unkind, and probably illegal from a constitutional perspective, no matter what the lawyer says. Something happened similiar in my church over song books. A difference of opinion led to a devisive splitting of the church and a lifetime of hurt and regret.
    My advice here is simple; DON’T DO IT. Don’t even have a vote. Call the whole thing off.
    Be tolerant, generous, forgiving. But I do advise all members that are concerned about the future of URTV to come and express yourselves. I’ll be there.

    Steve Rice
    1505 Sugar Camp Rd.
    Marshall, NC. 28753
    828-775-8844
    Steve Rice

  11. Below is a message from a BOD on URTV’s web forum…..it posits some interesting points.
    _____________________________________________
    Greetings Folks,
    I, Joe Scotto, your member representative would like to thank everyone for their input and concerns for the benefit of URTV. Here is a posting of a brief summary of recent events and their resolution as written by Jerry Young, URTV Board President.

    Perhaps what is most disappointing to me at this time is that our compliance with all requests about URTV have been largely ignored and unrealized by the public. We have complied with all of the following requests about URTV’s governance and practices of the Board and Executive Director of URTV.
    ·
    They’ve asked that the oath distributed at the January, 2009 meeting not be administered. It has been retracted……………
    [ This oath was not retracted out of the goodness of the boards heart, it was retracted because it was found to be not in compliance with open meeting laws]
    ·
    They’ve asked for compliance with the open meeting law. That is enforced and URTV meetings have always been open to the public. ……………………………………………
    [There is a recording of the 1/15/09 meeting where the ED, the secretary and the president deny permission to film….there is plenty of room in Studio A for someone sitting in the sudience to film unobstrusiely of the meeting
    http://video.google.com/videoplay?docid=-6126497632316262021
    …………………………………………………………………………………….]
    ·
    They’ve asked for filming rights. Those rights are available.
    [Yes, filming rights are now available, but did not come till public scrutiny via Mtn. Exp. put pressure on the Ed and the Board to do so.]
    ·
    They’ve asked for the Executive Committee minutes. Those minutes were read at our March 2009 meeting. In addition, no action has been taken based on that meeting………………….
    [Those minutes have not been read to us, nor has the tape of that meeting been provided, though I did ask on several occasions to listen…instead of giving me the chance to listen, I was “suspended” by Jerry Young for asking]
    ·
    URTV, by contract, is subject to a professional annual audit. We also provide the City and County with routine monthly financial statements.

    [ If there is no problem with the books why are open record laws being violated??????????]

    Sincerely,
    Your representative, Joe Scotto.
    ________________________________________
    The above mentioned issues were what Mr. Bernier and I have had to contend with and fight for during our tenure….now they want us gone. Now that we’ve gotten URTV on the above mentioned issues into compliance (there are more to be dealt with), via public pressure they want us gone… What do you folks make of this??????

  12. URTV_producer_dude

    Vote for a return to sanity at URTV, dump Dial and Bernier!

  13. “Vote for a return to sanity at URTV, dump Dial and Bernier!”

    1. Specifically in what way would voting to remove Dial and Bernier return URTV to sanity?

    2. What is your name?

  14. Fed UP

    Sundance states: Sorry but I don’t and will not trust Pat, Jerry, Curt, Dale Joyner, Glolady or Ralph Roberts at all and nobody should as they have not been honest to date so why would they be now?

    What exactly have Pat, Jerry, Curt, Dale Joyner, Glolady or Ralph Roberts been dishonest about?

    timpeck states: Specifically in what way would voting to remove Dial and Bernier return URTV to sanity?

    In what way wouldn’t it?

  15. Fed UP

    Sundance states: Sorry but I don’t and will not trust Pat, Jerry, Curt, Dale Joyner, Glolady or Ralph Roberts at all and nobody should as they have not been honest to date so why would they be now?

    What exactly have Pat, Jerry, Curt, Dale Joyner, Glolady or Ralph Roberts been dishonest about?

    timpeck states: Specifically in what way would voting to remove Dial and Bernier return URTV to sanity?

    In what way wouldn’t it?

  16. “timpeck states: ‘Specifically in what way would voting to remove Dial and Bernier return URTV to sanity?’ In what way wouldn’t it?”

    The burden of proof is on the person who makes a positive claim. So I ask again of that person, specifically in what way would voting to remove Dial and Bernier return URTV to sanity?

  17. Sundance

    I also ask where is the evidence Dale Joyner has to make her charges and why was it not presented at the meeting. As to Ralph, Pat and Jerry…wher are the meeting minutes that no one has access to when its required by the city management agreement for PEG funding, why weren’t open meeting laws followed? why were books not available for audit as required? Why and how was the meeting for a vote changed to a poll that supposedly the board voted on but three board members say they never did nor were they contacted? Additionally why did they violate the bylaws as in changing the vote to a poll without giving a 10 day written notice to all members as required by the bylaws? Additionally how can the vote be ruled valid when it requires 10% of the members to vote which was not met?

    As for Glolady go back threw all the threads and simply read her continued delusional non truths?

  18. FED UP

    I seems to me MOST of the members of URTV are happy with the services of URTV, and that only a very few non-members and members are unhappy. It seems to me the non-members should think about getting a new hobby and leave URTV and its HAPPY members alone.

  19. Sundance

    “I seems to me MOST of the members of URTV are happy with the services of URTV, and that only a very few non-members and members are unhappy. It seems to me the non-members should think about getting a new hobby and leave URTV and its HAPPY members alone”

    That’s all fine and dandy “Fed Up”….we will leave you alone just as soon as URTV gives back every single penny of PEG money it ever took from the city and county and declares itself a private organization and raises its own funds via fundraisers, private donations and private grant sources.

    “Fed Up” you need to accept reality that URTV is a public institution weather you are a member or not and will continue to be one until URTV pays back every penny or continues to receive public funding and PEG MONEY IS PUBLIC MONEY.

    By the way, as we have seen accounting issues, and creative book keeping occur at URTV cash or a certified bank check is the only form of acceptable payment!

  20. Tim,do you think that maybe pat just dictates emails to curt,and tells him to sign them(“the board”),and then the board finds out what they said when they read the email??i do not think that is the way it is suppose to work…this dose show how pat can not even follow her own rules.. she just has to brake the rules. she can not help it..pat can not follow one rule.she will not be told what to do by anyone.. no rule can restrain her.. she must be free.. set her free,set her free.go,go,and be free pat. just go..

    also i must say that under this ED i have seen urtv change from a wonderful fun place,in to a place filled with hate,and much venom..i have never seen anything like it,and it is very sad..

  21. Agency Accountant

    Fed-up,

    The reason is simple- URTV producers are happy because the production-side of things at URTV are fine and dandy right now. I don’t doubt in the least that is true.

    Most people involved in the business of creating and using the services of a community non-profit don’t much concern themselves with the fiscal & managerial issues. That is the job of CPA’s and lawyers, administrators and human resources; after all. However, it is just as important that the financial/managerial side of things be as well run as the services side of things, these days -especially to those who provide the funding.

    I am sure that the social workers and clients over in Haywood county were completely happy being serviced by that county’s Council on Aging… until the day that hundreds of thousands of dollars turned up missing and unaccountable. Who was hurt the most by that? The happy people engaged in the benefits of the non-profit. How many visionary, talented, honest folks have failed to start or maintain a business becuase of lack of business management skills?

    Luckily, NC, and especially WNC have many resources for keeping our non-profits on top of the tricky and complex compliance issues (some unique to non-profits). I hope URTV heals and takes advantage of these resources.

  22. steve rice

    The fact is this discussion will never be over. There seems to be a basic difference of philsophies that cannot be denied or wished away. The statement “those who are not happy should leave urtv.” is chillingly similiar from my era as a vietnam vet when the mantra of those who wanted to maintain the status quo, which was very serious destruction, was “america, love it or leave it.” That horrifying experience should let everybody know that we didn’t like it but we sure didn’t leave it. We changed it. tho this is not AS serious, it IS serious. Not for the trivial, inconsequential bickering, easily forgotten and gotten over, but for our tradition of oppenness and civility, of creativity and friendliness. Welcome to primate land, folks, where the monkeys are in the tops of the trees screaming at the tops of their lungs and hurling excrement at each other, secure in the knowledge that their side is right. Give me a break! Everybody give me a break. both sides, or however many sides there are. We had a grand meeting with Ms. Dial laying out her perception of events, a lot of members there expressing their views, or as a friend says, “waving our arms and yelling at one another “. I would say the mood of the meeting and the outcome of the vote seemed totally at odds. So why not have a revote, with both sides presenting to all members ; if we must have a vote lets have a fair one. The ball is in the air now and nobody knows where it will land. Good luck to everybody.

  23. Sundance

    “So why not have a revote, with both sides presenting to all members ; if we must have a vote lets have a fair one. The ball is in the air now and nobody knows where it will land. Good luck to everybody.”

    I agree Steve, lets have a re vote is fair one with both sides presenting their facts and this time lets make sure Ms. Joyner actually presents some evidence to back up her charges and at least let Ms. Dail see the evidence just a “Defense” would be entitled to in a trail via the discovery process. Was this not suppose to happen last time until management saw fit to change the order of things?

    For goodness sakes what in is being hidden that required management to change the rules and format in the first place.

  24. sorry folks,but the ball is not in the air..it was never in the air.. the purpose was never to have a fair vote.. the purpose was always for pat to get rid of davyne ,and she is not about to go back and change anything now..pat is out to get rid of davyne if it hair lips the state of texus.. she will change anything that she thinks will get rid of davyne, but absolutely nothing else… what a sham this thing has been…pat thinks she is the winner now,so she will be posting lots of stuff,(as some one else )to talk about her victory,and how great she is…

  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:

    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?

  26. Sundance

    Hmmmmm…interesting Dr. Blackwell….and GloLady aka LiarLady now you have zero voice at URTV if this plan goes threw. Are you happy now! You voted out one of the few board members who would have stood up for you, the membership, and voted against this measure. I hope your happy with yourself because you just shot yourself in the foot because you will basically have no voice or free speech whatsoever once this happens!

  27. Sundance

    “it’s spelled ‘through’, chief.”

    whatever Grammar Nazi…get a life

  28. Piffy!

    i would just think someone so up in arms about this issue, and spamming this site with the *exact same post* on multiple threads would at least want to not look like an uneducated wing-nut.

    sorry for trying to help.

  29. Sundance

    oh I see so it ok for you to post im multiple places/threads related to the same subject as you have done in the past like during election time. Its ok for Dr. Blackwell to do it and it’s ok for folks at URTV to do it but you want to take issue with me doing it when you have done it yourself before. Should we just agree you are a hypocrite?

    Like I said, get a life and start practicing what you preach…later

  30. Piffy!

    what in satan’s name are your referring to?

    i have never posted spam on here. or anywhere.

    you just did, though. which makes you a SPAMMER.

    oh, and nobody gives two farts about urtv, so just lighten the hell up. more people watch stupid cat videos on youtube than will ever watch urtv.

  31. Sundance

    I think you did indeed during election time on the Obama threads….

    No, you should lighten up…after all it was you who wanted to be a “Grammar Nazi”

    :-)~

  32. Piffy!

    oh, i did?

    Well, please back up your assertion with concrete examples.

    And no one gives tow belches about URTV.

    And trust me, i am know grammer not-see.

  33. Sundance

    “I think you did indeed during election time on the Obama threads….”

    I said I thin…did I not once again as you always do you are only reading what you want. As some already said…your reading leaves a lot to be desired.

    Additionally …. don’t get your panties in a knot because I “called you” on your shit you wanted to instigate.

  34. Sundance

    “I think you did indeed during election time on the Obama threads….”

    I said I think…did I not? Once again, as you have done in the past, you only read what you want. As have said on the Nuclear thread…your reading leaves a lot to be desired.

    Additionally …. don’t get your panties in a knot because I “called you” on your shit you wanted to instigate.

  35. Piffy!

    So, you defend your SPAMMING of the MX blogs by claiming i have done the same, but then cant provide any evidence whatsoever to support said claim?

    I see.

    So, let me try: Isn’t Sundance the same cross-dresser who once slept with Karl Rove? I think he is!

  36. Sundance

    Whatever Mister Panties in a Knot…your just wanting to be a little child because I busted you. Go shake your baby rattle somewhere else

  37. Piffy!

    What exactly did you ‘bust’ me on, sundance-in-mexico?

    Or is this another one of those “I think” things?

    Because, to be very clear, you made a claim you couldnt back up. if anyone was ‘busted’ it would be you, but that wouldnt be grammatically possible, unless you are a statue or other inanimate object.

  38. Sundance

    You were the one being a jerk by appointing yourself the “Grammar Nazi” which is what started us down this path. If your going to attack folks randomly then expect to receive the same. As for your postings I really have better things to do then go threw the Mountain X archives why don’t you go read them for yourself. but it might take you a while as others have already told you about your shitty reading comprehension. Hmmmmmm…someone who wants to correct someones Grammar but is incapable of comprehension.

    Now go play with yourself or something I’m done babysitting you.

  39. SanJay

    Wow, Sundance. You sure come across as a mean person. Is that how you represent yourself and URTV?

  40. Sundance

    With all due respect SanJay I was attacked by PFKaP first just like others so I am only defending myself. I attack after I have been attacked first and I do not represent URTV. If URTV is not going to honor their bylaws and management agreements they signed in order to get PEG funds which are public funds they need to give every single penny back and become a private organization and not bill themselves as Public Access. They should not even be saying they are public access at this point they are not which is also why there should be zero public funding for their little club.

  41. Tired

    The behavior of all you non-members here is truly becoming pathetic. This has gone on for 6 months now and nothing is being accomplished by you people other than these daily rantings. I hope this is therapeutic for you because it is ridiculous to the rest of us.

    Now I will provide your responses as read by the public:

    Blah, blah, Pat must be removed, blah, blah, Ralph is evil, blah blah, we should be charge, blah, blah, BLAH!!!

  42. Sundance

    Well “Tired” please tell me why Charter customers and city and county citizens should continue to fund your little hobby at URTV via PEG funding if you can not honor your bylaws and agreements with the city and county. Now you want to change them so you do not have to answer to anyone.

    Pardon me, but it’s your hobby so shouldn’t you be paying all the costs related to your URTV hobby? Isn’t it about time you stop fleecing the public since you obviously have zero respect for them?

  43. ArrothAvefarf

    Hey

    Really glad to get into this forum
    It’s what I am looking for.
    Hope to know more member here.

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