Having one man total control does not turn a corporation into a sole proprietorship. Also, even if you manage to pierce the corporate veil, which is not easy to do, the corporation would still remain.
Robinson Seeks USAT Decertification
- Thread starter Archtkd
- Start date
Having one man total control does not turn a corporation into a sole proprietorship. Also, even if you manage to pierce the corporate veil, which is not easy to do, the corporation would still remain.
If there is a decertification, there would be no transfer of assets. The USAT would simply stop being the USOC's Taekwondo NGB. Then either an existing organization would become the new organization, or a new organization would be created. As for the 2012 Games, we wouldn't need a new organization in place, just an Olympic Team selection process, which would be organized by the USOC.
d1jinx
Master Black Belt
A bit late, but the direct link to the source of the article.
http://www.gazette.com/articles/taekwondo-113754-calls-decertification.html
http://www.gazette.com/articles/taekwondo-113754-calls-decertification.html
d1jinx
Master Black Belt
I dont think USAT is the problem. I think it is D.A. and the hand picked people who have a strong hold on the organization thats the problem.
The concept is correct, its the people who are in charge not following the concept that is the huge issue. Personally I do not want to see a decertification and reshuffle of everything. I would rather see an Interim board and President set up and the process work how it is supposed to work. The blatent favoritism and selfishness needs to end. At the end of the day, people need to realize that they represent OUR country and the athletes. The self preservation needs to end. We need to do the right thing to continue representing what is the greatest thing we have... OUR NATION. Anyone involved who has lost sight of this needs to bounce. This shouldn't be a golden paycheck.
I think the foregone conclusion is that USAT's time is up or pretty much almost up. The question which no one knows the answer to is what happens at that point?
You must have read the new article. Those who file complaints are whiners and want to be in power. Business as usual and they will prevail. And Herb, who has filed how many complaints says that he doesn't get it as to why people file grievances.
http://www.gazette.com/sports/uncommon-113926-among-disputes.html
New Gazette Article
Friday, 04 March 2011 | by Ronda Sweet
Political Disputes Not Uncommon - just posted this am.
I LOVE this quote from Herb Perez:
“Most people tend to stay away from (grievances) because they’re expensive,” said USA Taekwondo board candidate Herb Perez, a former USOC board member who has brought a grievance against Robinson. “They do it to save face or reputation. They do it because there’s just no other alternative. … They get very passionate about it, and they protect it, and they’re willing to spend their own money to do that. God bless them. I don’t get it.”
How many grievances did Herb file against Board members in 2006? Let's see, there was Eric Laurin, Jason Poos, Bob Gallagher.........
"Perez estimates USA Taekwondo will spend at least $50,000 sorting out the complaints – a decent chunk of change for an NGB that closed 2009 with $397,282 in net assets.
and #397,282 in net liabilities.
And from the comments on the first article - Herb Perez also says:
"
I stand by the comments I made in this article. The grievance filed by Bernard Robinson will not make it far through the judicial process at USA Taekwondo. I wholeheartedly agree with USA Taekwondo CEO, Dave Askinas, that these complaints and grievances are all based on the false machinations and lurid gossip perpetuated by soon-to-be-former members of USA Taekwondo, namely Rhonda Sweet and Denise Coyle. If there has been any loss in membership or revenue for USA Taekwondo, it is a direct result of people believing the lies and rumors that Ms. Sweet and Ms. Coyle continue to promulgate via their blogs and websites. I believe that Dave Askinas has been the best CEO that has ever served the Sport Taekwondo community in the United States. That same community should be thankful for the hard work put forth by Mr. Askinas and his staff at the USA Taekwondo National Office.
Herb Perez"
I stand by the comments I made in this article. The grievance filed by Bernard Robinson will not make it far through the judicial process at USA Taekwondo. I wholeheartedly agree with USA Taekwondo CEO, Dave Askinas, that these complaints and grievances are all based on the false machinations and lurid gossip perpetuated by soon-to-be-former members of USA Taekwondo, namely Rhonda Sweet and Denise Coyle. If there has been any loss in membership or revenue for USA Taekwondo, it is a direct result of people believing the lies and rumors that Ms. Sweet and Ms. Coyle continue to promulgate via their blogs and websites. I believe that Dave Askinas has been the best CEO that has ever served the Sport Taekwondo community in the United States. That same community should be thankful for the hard work put forth by Mr. Askinas and his staff at the USA Taekwondo National Office.
Herb Perez"
Let's see, let me find that quote - from David Askinas:
"There was a negative year end financial position of the organization that can be explained by a number of factors that
are set forth herein.
are set forth herein.
1. HLTC: The corporation projected significant revenues from its contract with HLTC in the areas of coaching and athlete training. There were disputes between the contractor and the Board of Directors beginning in 2006 that we were never able to satisfactorily resolve and this negatively affected both the viability of the programs and the contractorÂ’s ability to deliver the types of products USAT believed were necessary to make the program a success. In late 2007 USAT negotiated a buy-out of the contract with the result being that no revenues were realized from HLTC in 2007. The positive side of this unfortunate financial outcome is that beginning in 2008 USAT has taken the program in-house and is no longer involved in revenue sharing with an outside contractor."
I personally see a strong correlation between the HLTC program and the major drop in income and membership which took 2007 to our lowest numbers ever and they have not exactly rebounded yet. What do you think?
Here's another quote, not sure who didn't read the bylaws but I can't find where the chair, whose term has expired btw, can fire the CEO - who of course is going to say it is without substance, just like the USAT was never on the Suspended Charities list for over a year. Point of clarification - the bylaws called for a fixed number 10 person board - not a 7 person board.:
"To decertify an NGB, chances are the USOC needs much more than a complaint Askinas dubbed “completely without substance.” Only USA Taekwondo chairman Kevin Padilla, with the OK from the seven-member board, could dismiss Askinas, and Askinas, who has worked as CEO of USA Taekwondo since December 2005, has stated he has no plans “to resign on the basis of false allegations.” So he stays – as long as the board has his back.
Section 14.2. Tenure.
The Chief Executive Officer shall be employed by the Board of Directors for whatever term the
Board deems appropriate. The Chief Executive Officer may be removed by the Board at any
time, with or without cause, but removal shall not affect the contract rights, if any, of the Chief
Executive Officer. If the Chief Executive Officer has a contract of employment with USAT, the
contract shall provide that the Chief Executive OfficerÂ’s employment may be terminated by the
Board with or without cause.
The Chief Executive Officer shall be employed by the Board of Directors for whatever term the
Board deems appropriate. The Chief Executive Officer may be removed by the Board at any
time, with or without cause, but removal shall not affect the contract rights, if any, of the Chief
Executive Officer. If the Chief Executive Officer has a contract of employment with USAT, the
contract shall provide that the Chief Executive OfficerÂ’s employment may be terminated by the
Board with or without cause.
Last Updated (Friday, 04 March 2011)
d1jinx
Master Black Belt
Rhonda, you and Denise are all mighty and powerful:asian:
D.A. has single handedly blamed you 2 for all the disgruntaled Taekwondo-ers in the U.S. This is a riot!!!!!!
I can't believe that so many problems can be the fault of 2 people. Amazing. This shows how out of touch D.A. and Herb are. Anyone who can believe that ALL the problems can be traced to 2 individuals are seriously demented. How can anyone possibly ignore and refuse to face any truth that does not live up to thier own expectations?
But you know what.... Here's the kicker:
well if that doesn't scream out strong armed/single-sided/dictatorship/monopoly....
D.A. has single handedly blamed you 2 for all the disgruntaled Taekwondo-ers in the U.S. This is a riot!!!!!!
I can't believe that so many problems can be the fault of 2 people. Amazing. This shows how out of touch D.A. and Herb are. Anyone who can believe that ALL the problems can be traced to 2 individuals are seriously demented. How can anyone possibly ignore and refuse to face any truth that does not live up to thier own expectations?
But you know what.... Here's the kicker:
"Only USA Taekwondo chairman Kevin Padilla, with the OK from the seven-member board, could dismiss Askinas, and Askinas, who has worked as CEO of USA Taekwondo since December 2005, has stated he has no plans “to resign on the basis of false allegations.” So he stays – as long as the board has his back."
well if that doesn't scream out strong armed/single-sided/dictatorship/monopoly....
granfire
Sr. Grandmaster
And there we thought Chuck Norris did all these things....
Rhonda could kick his butt....
I misplaced the memo from USAT asking me to renew the charitable status and I let it get suspended for 2 years! I feel bad about that!
It really was not Jean that was removed from his home for family domestic violence, it was me... simple silly mistake...... we look so much alike!
I hacked into the NJ courts web-site and created a retraining order on a past USAT Olympic Referee by a female athlete!
And while I am confessing......I bought the tasty champagne that Mark and staff were drinking on the floor of the 2009 US Open!
The USA coach that sucker punched the Canadian athlete.....it was really Ronda disguised!
The complaints are all just a rumor that we started.... To get Herb all worked up and Frazzled!
Williams and Jacobs are not top sports attorneys, just fictional characters we made up! I did not even want to use those names , that was ALL Ronda's Idea!! I wanted to use Smith and Yoshimoko.
I was really never a member of USAT, I was a spy sent by the "Soccer Moms for Davie"
They want there beloved leader back! I was just trying to help!
Last......, Herb's Programs made millions for the USAT and this year they are having a Huge Fire Work display at the Annual Assembly to celebrate the USAT reaching 85,000 Members Strong!
All from the help of "small Clubs" around America! 15 members at a time and still growing!
( * disclaimer - the above information is really not a confession, just Hal being sarcastic )
Beyond all of that, the biggest error was in changing the governance model from a volunteer leadership model to a staff leadership model, and in doing so, getting rid of the state associations. That was what really killed USAT. I'm surprised USAT lasted as long as it did. USAT is the Enron of the USOC family of NGBs.
d1jinx
Master Black Belt
could explain why I NEVER got my SHIRT.
HEY HERB.... WHERE"S MY SHIRT???????????????????????????????
Because he is to cheap to payfor shipping, the real reason is because you do not belong to his Peak performance program...
d1jinx
Master Black Belt
I thought Peak was Juan Moreano? Herb is Gold Medal something or another.
I am sorry you are right, to many of them doing the same thing making alot of money off of people childern, that does not know any better.
d1jinx
Master Black Belt
I need a scheme.....
Thought these two posts were well spoken and well informed.
by Bagehot ? Wed Mar 02, 2011 4:29 pm
Colorado Springs Gazette: USA Taekwondo board candidate Herb Perez
said Robinson?s
>accusations aren?t ?backed up by any facts. I would be surprised if Bernard?s complaint
>survives a motion to dismiss because it?s so nonsense. I don?t think it gets past that level.
>It doesn?t make the grade.?
Wait a minute, Bernard Robinson's Complaint does not mention Herb
Perez. His Complaint is not against Herb Perez. How did Herb Perez get
into this article? How would a newspaper reporter oddly pick out a
single candidate for some position, out of the plethora of complaints
filed, to comment on a complaint not directly even referencing Perez.
Naturally, this fits with the CEO's M.O., he gave the name to the
reporter, knowing, in advance, that Perez would offer support for the
CEO's version of events for the purposes of the story. This is great
"Discovery" stuff in litigation: showing the clear personal and
political connection between the CEO and an alleged candidate, acting
in collusion, to further their cooperative effort to obtain control of
the BOD of the USAT. This can't get much more obvious.
-- Bagehot
by Bagehot ? Wed Mar 02, 2011 7:45 pm
Colorado Springs Gazette: USOC spokesman Patrick Sandusky declined comment
>on USA Taekwondo?s standing. Askinas disputed the accusations, saying they?re
>the product of former USA Taekwondo chair Ronda Sweet, whose membership has
>been terminated by the NGB because of what Askinas dubbed ?false accusations
>repeatedly against good people in this organization. ? The allegations in Robinson?s
>complaint are completely without substance.?
This is a good example of Askinas. Firstly, it is the complete lack of
professionalism. He always gets personal. It's never about issues and
proper governance.
Secondly, it is the transparent desire to avoid talking about
substantive issues. He has never been square with the Board or anybody
else about issues facing the USAT. Dave Askinas must have been a
gopher in a previous life, because when it comes to key issues of
fairness, openness, fiscal transparency, public relations issues
important to members and donors, all you see is the tail end, headed
down the hole.
Thirdly, it is the obstinate refusal to take responsibility. Askinas
is a first-class example of a third class manager. Aside from the fact
that Askinas himself is likely guilty of defamation of Ronda Sweet,
and orchestrating the pressures to get her off of the board as one of
the few remaining genuinely independent voices on the Board, Ronda
Sweet has mainly served as a conduit to the public for Askinas'
machinations. He hates that. That is behind the last minute effort to
virtually reconstruct the governance structure of the USAT -- a
reconstruction he was determined to control entirely, and to his
personal benefit and control.
Fourthly, Askins is a classic example of a less than competent manager
using the tools and coercive power of the corporate organization to
silence a whistleblower. It is notable that, among non-profit
corporate governance experts, Bylaw provisions ensuring
"whistleblower" protections are now considered a hallmark of good
governance. It is notable that the USAT has so far, under this CEO,
failed to even consider such an amendment notwithstanding the enormous
energy that this CEO has otherwise dedicated, to the exclusion of his
day-to-day management responsibilities, changing Bylaws as often and
as fast as he can.
Fifthly, in the face of irrefutable declines in athlete/referee/coach
support, the disappearance of 2/3rds of the paying membership, and his
inability to bring tournament participation to anywhere near the
levels that the former NGB had developed, faced with continuing high
accounts payable, bank charges, vendor lawsuits, having alienated the
international governing bodies with whom USAT should have a close and
positive relationships, having now offended the national TKD
organizations of both Mexico and Canada, he now claims with a straight
face that "looking at the record" things are getting better all the
time. And technically, one end of the Titanic was not sinking and was
actually rising out of the water for a while.
This CEO is delusional. He is at the center of a tight group that has
drained money from the USAT even as the USAT has faced financial
crisis after financial crisis, been plagued with extremely late
financial reporting to membership on a regular basis (it's the only
thing the USAT does consistently), and has seen development support
drop to all time low levels for this NGB. Membership support is below
what the USOC has previously identified as the critical membership
threshhold for NGB viability. All of this happened under this CEO and
as the result of his de facto control of the Board of Directors.
Now he wants even more control.
What could go wrong?
-- Bagehot
by Bagehot ? Wed Mar 02, 2011 4:29 pm
Colorado Springs Gazette: USA Taekwondo board candidate Herb Perez
said Robinson?s
>accusations aren?t ?backed up by any facts. I would be surprised if Bernard?s complaint
>survives a motion to dismiss because it?s so nonsense. I don?t think it gets past that level.
>It doesn?t make the grade.?
Wait a minute, Bernard Robinson's Complaint does not mention Herb
Perez. His Complaint is not against Herb Perez. How did Herb Perez get
into this article? How would a newspaper reporter oddly pick out a
single candidate for some position, out of the plethora of complaints
filed, to comment on a complaint not directly even referencing Perez.
Naturally, this fits with the CEO's M.O., he gave the name to the
reporter, knowing, in advance, that Perez would offer support for the
CEO's version of events for the purposes of the story. This is great
"Discovery" stuff in litigation: showing the clear personal and
political connection between the CEO and an alleged candidate, acting
in collusion, to further their cooperative effort to obtain control of
the BOD of the USAT. This can't get much more obvious.
-- Bagehot
by Bagehot ? Wed Mar 02, 2011 7:45 pm
Colorado Springs Gazette: USOC spokesman Patrick Sandusky declined comment
>on USA Taekwondo?s standing. Askinas disputed the accusations, saying they?re
>the product of former USA Taekwondo chair Ronda Sweet, whose membership has
>been terminated by the NGB because of what Askinas dubbed ?false accusations
>repeatedly against good people in this organization. ? The allegations in Robinson?s
>complaint are completely without substance.?
This is a good example of Askinas. Firstly, it is the complete lack of
professionalism. He always gets personal. It's never about issues and
proper governance.
Secondly, it is the transparent desire to avoid talking about
substantive issues. He has never been square with the Board or anybody
else about issues facing the USAT. Dave Askinas must have been a
gopher in a previous life, because when it comes to key issues of
fairness, openness, fiscal transparency, public relations issues
important to members and donors, all you see is the tail end, headed
down the hole.
Thirdly, it is the obstinate refusal to take responsibility. Askinas
is a first-class example of a third class manager. Aside from the fact
that Askinas himself is likely guilty of defamation of Ronda Sweet,
and orchestrating the pressures to get her off of the board as one of
the few remaining genuinely independent voices on the Board, Ronda
Sweet has mainly served as a conduit to the public for Askinas'
machinations. He hates that. That is behind the last minute effort to
virtually reconstruct the governance structure of the USAT -- a
reconstruction he was determined to control entirely, and to his
personal benefit and control.
Fourthly, Askins is a classic example of a less than competent manager
using the tools and coercive power of the corporate organization to
silence a whistleblower. It is notable that, among non-profit
corporate governance experts, Bylaw provisions ensuring
"whistleblower" protections are now considered a hallmark of good
governance. It is notable that the USAT has so far, under this CEO,
failed to even consider such an amendment notwithstanding the enormous
energy that this CEO has otherwise dedicated, to the exclusion of his
day-to-day management responsibilities, changing Bylaws as often and
as fast as he can.
Fifthly, in the face of irrefutable declines in athlete/referee/coach
support, the disappearance of 2/3rds of the paying membership, and his
inability to bring tournament participation to anywhere near the
levels that the former NGB had developed, faced with continuing high
accounts payable, bank charges, vendor lawsuits, having alienated the
international governing bodies with whom USAT should have a close and
positive relationships, having now offended the national TKD
organizations of both Mexico and Canada, he now claims with a straight
face that "looking at the record" things are getting better all the
time. And technically, one end of the Titanic was not sinking and was
actually rising out of the water for a while.
This CEO is delusional. He is at the center of a tight group that has
drained money from the USAT even as the USAT has faced financial
crisis after financial crisis, been plagued with extremely late
financial reporting to membership on a regular basis (it's the only
thing the USAT does consistently), and has seen development support
drop to all time low levels for this NGB. Membership support is below
what the USOC has previously identified as the critical membership
threshhold for NGB viability. All of this happened under this CEO and
as the result of his de facto control of the Board of Directors.
Now he wants even more control.
What could go wrong?
-- Bagehot
