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HomeMy WebLinkAbout00 - Study Session Non-Agenda - Correspondenceci u y N AtvE_►'i 0+1 Good afternoon, my name is Caroline Taylor and I am here to speak about financial mismanagement at the Newport Aquatic Center. I am a former Deloitte accountant and a parent of a junior rower. While Pat Rolfes was employed as the Jr. Rowing director, I worked with him on the Junior Rowing financials and had access to the NRC's financials from August 2016 to August 2018. While there are many, many examples of financial mismanagement and, in my opinion, illegal activities at the NAC, I want to share with you just one, specific example of financial mismanagement. In Nov 2016, the Jr. Rowing program began their annual fundraising campaign. The purpose of this fundraising campaign was to raise money to purchase new racing boats for the kids. This campaign was promoted by the kids, and the coaches made special videos telling potential donors where their money would be spent. By May 2017, the kids had raised about $46,000 and the money was put in the NAC bank account. This amount was enough to purchase three of the boats specifically being fundraised for. However, the boats were not purchased and this money was not used for its intended purpose. By May 12, 2017, just 12 days later, the NAC management had depleted the entire bank account down to a balance of just $948 and used the $46,000 in restricted, donated funds for payroll, operations, and other general expenses. If it had not been for the Jr. Rowing restricted donated funds that the kids raised, the NAC would not have been able to make payroll let alone pay other overhead expenses. This is a clear cut example of the NAC management's bad behavior of misappropriating targeted donations and utilizing the kids to fundraise under false pretenses. I am submitting the financial detail for what I believe is a crime, as well as my March 2018 sworn declaration regarding this matter and other financial mismanagement issues at the NAC. Thank you Newport Aquatic Center (NAC) Classy Donation Campaign, 2016-2017 Jr Rowing Season Online "Classy Website" Fund Raising Campaign, solicited by the Jr Rowing Program of the Newport Aquatic Center (NAC), showing the amount raised for Jr Rowing in Dec - May, 2016-2017, as $46,234. (final accounting shows $47,054.24 raised). The Goal was to raise $100,000 to purchase four new, racing coxed 4's. No coxed fours were purchased until approximately a year later, because the funds were diverted for other uses. Nov 30, 2016,12:11pm email from Jr Rowing Director, Pat Rolfes, showing how to use the `Classy' platform for fundraising. NAC Junior Rowing 2016-2017 Jr. Rowing Fundraiser Dear Parents. i am writing to ware w th you the upcomirg iaurcn of the 2016.2017 Junior Rowin" fundraiser. In the past, each athlete mailed 15 !et*crs to friends and family spar :ng aetaiis about his or her par;icipa;ion in the program and ask ng for a donation. On average. the letter vgiting campaign contributes 530,000 to 360.000 to the Junior Rowing program. The equipment that our athietes are enjoying this season was purchased with funds rased by athletes in previous years. Your annual program tution provides for coaches salaries. race fees, travel, etc., but does not include the purchase of new equipment We formed this campaign to cover the expenses that are not covered by your annual tuitior, and to replace ,)id and aging equipment. This year, with the r6p of the or.iine platform C asy.org. we are leaping into the 21st century by taking advantage of the expanded reach made possible by social media. Athletes wi i be able to share their'letter through email, Facehook. Twitter. Instagram, etc. and donors will be aide to make a donation direct:y online or by sending a check. Classy.oris the word's largest fundraising piatform for sociai good organizations:' Each athlete v "� have an easily rustomzab:e page lsee 'the fundraising letter preloaded .hat can shared is email or sociai media. NAC staff wi, meet with the rowers to provide assistance with the D etup anc provide guidance mraigmi! the rampage. NAC )r Rowing 2016 - 2017 THE NEXT STEPS. 1. NAC staff will meet with the athletes to expain the process and provide assistance with their page setup, if needed. 2. Parents will receive a follow-up email with the link to the Jr. Rowing Fundraising page. This page can be used to access your athlete's individual page. 3. Parents, you may also share your athlete's page or set up your own page to share with your circle of friends and family. NAC staff is available to help, if needed. We will be in touch throughout the campaign to provide updates on our progress. That's it share away! Patrick Rolfes Director Dec 21, 2016, 4:42pm, email from Kirsten Hermstad, Director of Marketing & Development, NAC NAC Junior Rowing Snail Mail, Email and Junior Rowing Fundraiser Update PJAC Dear Parents, First, thank you for your amazing support! This is a crazy busy time of year and it is not lost on US how hard you work to support the efforts your children here at NAC. We are grateful! 1 am writing to provide a quick update on the annual Junior Rowing Fundraising Campaign and offer up some ideas and resources. To date, the kids have raised $15,237.56 of our $100,000.00 goal - $10,237.56 through online donations and $5.000.00 via good old snail mail or checks delivered directly to NAC. It is important to note that equipment is purchased through donated funds and is not a part of the program tuition/dues. The equipment that the kids are using today — boats, rowing machines, oars, launches etc. -- was purchased with donated funds from Past years. Our goal is to raise $100,000 per year to create a Junior Rowing Legacy Fund to ensure that we have the resources to provide the best equipment possible for incoming athletes each year and provide financial aid to athletes in need. As most of you know, the annual Junior Rowing Fundraising Campaign started as an erg-a-thon that morphed into a letter writing campaign and this year we are taking the letter writing campaign to a new level by using social media to share the awesome NAC story. The key to success with this platform is to share, share, share! Facebook, Instagram, Twitter are all options and most of the kids are masters with these platforms. Please help us by reminding your kids to share their pages and to be sure to check their pages daily and thank those who have made donations - it's easy to do through the reply link in the donation notification. We all know and love people that are not social media users and for those folks we can still use good old snail mail and email to ask for their support. The sample fundraising letter follows this email, it is also available through your child's Classv.com fundraising page in the section titled "Details". While the email can be sent directly from the Classy page, emails from personal accounts have be proven to be the best source of donations. Simply copy and paste the letter into a blank email, a link to your personal fundraising page and the letter will automatically be inserted. Additionally, we are happy to provide paper copies of the letter on NAC letterhead if you would like to send it via regular mail. Please contact Kirsten Hermstad or Kelly Thompson in the NAC office for assistance. Please know that we are here to support your efforts and to provide assistance should you have a need. Thank you again for all of your support! Kirsten Hermstad NAC Marketing and Development Director Kr-ermstad@ newportaguaticcenter corn 2016 - 2017, "Classy Donation Campaign" for Jr Rowing Please view coach's video using, Ctrl + Click, on the link. http://newportaouaticcenter.com/donate/ !> newportaquaticcenter.com NAC Fur.a,s:ng Campa gn 20' ' ; :: Newcbn Aacat. Center ur Vimeo The NAC Junior Rowing Program is currently fundraising for new equipment. Please take a moment to watch the fundraising video and check out their online funaraismg campaign! It will only take a tow minutes and all donations are tax deductible. No donation is too small and all support is greatly appreciated! ^.Nps rwww classy orgcampalgr ^3;. ,rn •.rw, ^g-tu^dra ser-cIC'6556 Tne Newpo t A:;uat c Cente• .s a ron-WO!- arn•ate Ofga^¢a?rn Io cateo to 9� ny w c e •rerr, a ,va•xc ;.le ;y=- cppo",urtty to er,ay the sports o' mw°.rg. wall r and kayak. -g TrE NAC s managea y a ur: .board o` C re:lors rur by ao cxeti ve Q,e tar a x s a(t arta s�apulai [ry re^aersn aS user tees aio or at -era Ar o'�,ato-s Ye tax aeoe toe' a*=a go d Uy tc our programs Newport Aquatic Center t Whitecliffs Drive Newport Beach. CA 92660 Plea'e spec"y un.Ch Program YUU Abn to 5UpAon, Classy Platform site. To view this site, Ctrl + Click, on the link: https://www.Lla—ss-y.—org/campaign/nac-iuiiior-rowing: fundraiser/c 106556 111� Gid b vinwn The equipment that our athletes are enjoying this season was purchased with funds raised by athletes in previous years. We formed this campaign to cover the expenses that are not covered by our annual tuition, and to replace old and aging equipment. The Newport Aquatic Center (NAQ is on extroordinory community resource whose mission is to tench and inspire athletes of ail ages, obil,t es and bocigrourds by fostering a possior, for OJympc style rowing koyokrng conoeing and related marine activities Through character building programs and world-class professional instruction, the NAC not onr develops exceptional, athletes, it creates o positive, inftuenuoi path for young adults, a common, destination for devoted enthusiasts r, d n teaching ground for environmental stewardship, Jr Rowing Program: 2016/2017 season SUMMARY: Online "Classy" Donation drive Solicited by the Newport Aquatic Center (NAC) to purchase new, 4 -Man racing shells for Jr Rowing Program Restricted Funds raised by month (see full detail in attached Quick Books ledger under "Online Campaign") Month Year Amount $ Dec 2016 19,177.45 Jan 2017 18,533.49 Feb 2017 4,967.20 Mar 2017 2,192.85 Apr 2017 933.25 May 2017 625.00 Jun 2017 625.00 47,054.24 total raised NAC total cash balance for entire Organization See attached General Ledger (no new, 4 -Man racing shells had been purchased until nearly one year later) May 12, 2017 948.32 u G m E a E� z 0 Q 0 N O o 0 o O O O M �+f �y rn OOi O O O m n m N N m OOi N M N N r N N N N N N N N n n n n O N N N N q N o O vi (o W ri (d (d r� a; m _ _ m m oo m w W w m m W ao (n (n N (n O O Onl N N n ^ N N O M N O 7 N V N N Q O Q fh M CC M ('� <y �- n (7 m m M N O N O N A n N O Of m M m O M - n Q N m m _ CMS r O C? n W O O M tt) O O O I� C �O{ t' N (tq (Mp M N (+f n v N pN In !() m (O CEJ m N N N (fi <O m m m !O IC lN0 (D tD m lvi c4 ii uNj vNi u-. 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G O O m m m Summary: Net Income / Loss: Dragon Boat Jr. Rowing Outrigger Waterman Academy wow 2011 2M 20.L'i 20]4 2015 2016 2QU Ipial Avel Year 1,163 2,680 1,333 828 3,727 2,171 1,019 12,921 2,154 46,125 194,848 155,866 87,388 145,705 101,178 317,970 1,049,080 174,847 (9,903) 25,794 (35,386) (1,630) 14,641 29,339 37,484 60,339 10,057 10,723 (115) 24,953 (7,911) (7,244) 16,364 33,067 69,837 11,640 13,849 3,008 21,014 (2,467) 21,009 2,761 18,524 75,698 12,616 NAC General (220,664) (77,299) (119,438) 48,779 (99,654) (85,710) (22,857) (576,873) Other Income / Exp 12.254 (34.7481 10.975 -0 -15M 7.724 7.146 3.473 (96,146) M (146,453) 114,168 59,317 125,410 77,853 73,827 390,353 694,475 115,746 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAMPTONHOLLEY LLP George L. Hampton IV (State Bar No. 144433) Colin C. Holley (State Bar No. 191999) Paul X. Tobin (State Bar No. 145286) 2101 East Coast Highway, Suite 100 Corona del Mar, California 92625 Telephone: 949.718.45 5 0 Facsimile: 949.718.45 80 E-mail: ghampton@hamptonholley.com Attorneys for Defendant BRUCE IBBETSON and DONNA WARWICK, derivatively on behalf of NEWPORT AQUATIC CENTER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER BRUCE IBBETSON, an individual and DONNA WARWICK, an individual, derivatively on behalf of NEWPORT AQUATIC CENTER, a California domestic non-profit public benefit corporation„ Plaintiffs, VS. DR. WILLIAM GRANT, a.k.a. DR. BILL GRANT, an individual; JON VAN CLEVE, an individual; JAMES NETZER, an individual; WILLIAM WHITFORD, a.k.a. BILLY WHITFORD, an individual; MALIA HOHL, an individual; KELLY THOMPSON, an individual; JOSE JIMENEZ, an individual; MICHAEL SCOTT, an individual; JOHN PUAKEA, an individual; ZAVIER BECERRA, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, as an Indispensable Party; and DOES 1 through 50, inclusive„ Defendants. I, Caroline Taylor, declare as follows: Case No. 3 0-2017-0095 8 85 1 -CU-FR-CJC Assigned for All Purposes To: JUDGE: Hon. Nathan Scott DEPT: C 12 DECLARATION OF CAROLINE TAYLOR IN SUPPORT OF PLAINTIFFS' PLAINTIFFS' SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES RE: ORDER TO SHOW CAUSE WHY RECEIVER SHOULD NOT BE CONFIRMED PENDENTE LITE AND WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE DATE: March 26, 2018 TIME: 2:00 p.m. DEPT: C12 Trial Date: Not Assigned I am a parent of child who has participated in the Newport Aquatic Center's ("NAC") Junior Rowing Program for several years. For more than eighteen (18) months, I have worked as a volunteer in efforts by concerned NAC parents and some NAC Board members to DECLARATION OF CAROLINE TAYLOR /Users/carolinetaylor/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/13361B34-FB30-432E-B87F-BE8EO12IF634/2018.03.02 Declaration of Caroline Taylondocx 1 2 3 4 5 6 7 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 investigate alleged improper behavior by Board members, employees and others. For these past eighteen (18) months, I have been mirroring the financial books of the NRC's Junior Rowing Program. If called as a witness, I could and would competently testify to the facts set forth below, as I know each to be true based upon my own personal knowledge or based upon my review of the files and records maintained by the NAC during the regular course of its business. 2. As part of my volunteering at the NAC, and in an effort to help keep the cost down, I assisted with the some analysis for the certified public accountants Hanzich & Company's financial review and report concerning the NAC's books and records 2011-2016 ("Hanzich Report"). 3. As a professional accountant, I have worked with a large number of companies of various sizes over my career. 4. The NAC does not have a system of internal controls or oversight that is required for an entity of this size. 5. The Executive Director of the NAC is William Whitford ("Executive Director"). 6. The Executive Director in particular operates without oversight or control, and he routinely ignores the minimal restrictions nominally put on his activities by the Board. 7. I attended a Board meeting in January at which the NAC's Director of Junior Rowing revealed financial impropriety including use of over $50,000 of Junior Rowing team dues and restricted donation funds on other purposes. 8. My reviews of financial records for the Hanzich Report show the NAC finances deteriorating on an ongoing basis as funds were wasted, misappropriated and spent on personal expenses. 9. Last April 2017, Junior Rowing conducted a fundraising campaign to raise money specifically to buy new four -person rowing boats. By May 1, 2017, approximately $46,000 was raised for this specific purpose from people who were told in writing of the specific purpose. According to NAC internal records, the NAC's bank balance was $57,975.00 on that date. On May 3, 2017, a payment of $15,000 was made to pay down the Chase Credit Card. On -2- DECLARATION OF CAROLINE TAYLOR /Users/carolinetaylor/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/13361B34-FB30-432E-B87F-BE8E0121F634/2018.03.02 Declaration of Caroline Taylor.docx 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 May 5, 2017, another payment of $20,000 was made to pay down the Chase Credit Card leaving $26,528.27 in the bank account. On May 12, 2017, the bank account balance, per internal NAC records, was a mere $948.32 and yet none of the money raised had been spent on its intended purpose, and no four -person rowing boats were purchased. The Chase Credit Card was a primary method of misuse of NAC fundsa fact that the Board was made aware of on numerous occasions. 10. Based upon the most recent financial data I have reviewed, without the NAC's continued use of the Junior Rowing program's funds and revenue, there is a very high likelihood that the NAC will be insolvent by mid -year 2018. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 1 st day of Mach, 2018, at Dallas, Texas. Caroline Taylor -3- DECLARATION OF CAROLINE TAYLOR /Users/carolinetaylor/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/13361B34-FB30-432E-B87F-BE8E0121F634/2018.03.02 Declaration of Caroline Taylor.doca Good evening. My name is Bill Applegate. I have been a parent and volunteer at the NAC for the last 7 years. In reference to whether or not the City has legal authority to investigate allegations that the NAC has been and is being used for unlawful purposes, I want to present to you the following information. California generally does not limit landlord access to commercial properties, and the NAC is a public facility, so as a general matter anybody can enter the facility during business hours. If a tenant has agreed to comply with laws and regulations applicable to the property, as the NAC has, the landlord has an implied right to conduct reasonable investigations to see if that is being done under Sachs v. Exxon Co., U.S.A (1992) 9 Cal.App.4th 1491, 1498. The NAC's Lease with the City prohibits Unlawful Use of the facility (Section 15), allows the City to inspect the NAC at all reasonable times to ensure compliance with the Lease, the CUP and the Facilities Management Plan (Section 18), and contains a right to terminate the Lease for default (Section 23A). Given these provisions, it is absurd to suggest the City would not have the right to investigate to see if the Lease has been violated, and in fact the Sachs case says the City does have the right to investigate. The City also has subpoena power so it can demand records and other access as part of its police power to investigate criminal activity, especially when the NAC parents have provided significant evidence that gives the City probable cause to believe that unlawful activity has occurred and is still occuring at the NAC. In addition to the provisions of the NAC Lease and the Sachs case, the City has the absolute right under California law to terminate the NAC's Lease if the premises are used for unlawful purposes because of Code of Civil Procedure Section 1161(4). 1 have a copy of this law for the City Attorney. *(https:llleginfo legislature ca gov/faces/codes_displaySection xhtml?lawCode =CCP&sectionNum=1161). ]* So to summarize, the NAC Lease, the Sachs case, and CCP 1161(4) give the City all the legal authority it needs to investigate and address the problems at the NAC. I hope the Council will authorize and conduct the investigation promptly and thoroughly. Thanks you. Law section Ii LEGISLATIVE. INFORMATION 2/11/19, 7:55 PM Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: Select Code � Section: Search UUA << Previous Next >> cross-reference chaptered bills PDF I Add To My Favorites `L�l Highlight CODE OF CIVIL PROCEDURE - CCP PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 -1822.60] ( Part 3 enacted 1872.) TITLE 3. OF SUMMARY PROCEEDINGS [1132 -1179a] ( Title 3 enacted 1872. ) CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) 1161. A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer: 1. When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her; provided the expiration is of a nondefault nature however brought about without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code. 2. When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount which is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon him or her and if there is a subtenant in actual occupation of the premises, also upon the subtenant. The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his or her landlord, if applicable, he or she shall be deemed to be holding by permission of the landlord or successor in estate of his or her landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year. 3. When he or she continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, https://Ieginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1161 Page 1 of 2 Law section 2/11/19, 7:55 PM requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease. A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her. 4. Any tenant, subtenant, or executor or administrator of his or her estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of his or her lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or his or her successor in estate, shall upon service of three days' notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises. 5. When he or she gives written notice as provided in Section 1946 of the Civil Code of his or her intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of his or her landlord, or the successor in estate of the landlord, if applicable. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code. (Amended by Stats. 2018, Ch. 260, Sec. 1. (AB 2343) Effective January 1, 2019. Section operative September 1, 2019, pursuant to Sec. 3, Stats. 2018, Ch. 260.) https://Ieginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1161 Page 2 of 2 JV Chrissie Emmel - February 12, 2019 Hello, my name is Chrissie Emmel and I have been a parent and volunteer at the Newport Aquatic Center for the past 5 years. I know you have all been made aware of the illegal wrongdoings at the NAC. Some of you were officially told of it five years ago, with steadily increasing information brought to your attention over the past two years. You have been presented mountains of evidence highlighting illegal businesses, donation fraud, CUP violations, financial mismanagement, an illegal spy microphone and inappropriate behavior by the four self appointed board members and their executive director. I want you to know that our presenting group of parents, athletes, former directors, and founders is just a small representation of the people who seek proper management at the NAC. I'm here to present to you a petition of over 300 frustrated and angry members of the community who are asking for this change. Additionally, I'm presenting a list of past directors and founders who support this change, as well. We are all counting on you, our city council representatives, to investigate the NAC. We know your investigation will uncover the same evidence you've been presented, and more! Please protect this valuable city resource for the members of our community. Help restore the NAC to its founder's original purpose. That purpose is the very reason the City of Newport Beach allowed such a generous lease on this valuable piece of property. car42 It's Time For a Change - Sign This Petition For a New NAC Board of Directors! https://www.thepetitionsite.com/311 /252/950/demand-the-resignation-of-the-nac-board-of- directors-now/ Author: NACMembersUnited Recipient: Petition: We are a growing group of concerned Newport Aquatic Center Members, Athletes, Parents and Friends of the Community. Please sign this petition to help the NAC. The definitive goal is to make the Newport Aquatic Center a place where kids, members, coaches, staff and parents all feel safe and supported. We demand that we have a nonprofit Board of Directors who fulfills its legal and fiduciary responsibilities to the NAC and ensures transparency and accountability. To achieve this goal is simple; the old Board needs to step down and a new Board needs to be put in place. The current Board is not abiding by the NAC Bylaws and Articles of Incorporation which requires a minimum of 8 Directors for this 501(c)(3) nonprofit. With the recent resignation of 2 Board members, and the illegal dismissal of 2 other Board members, this corrupt Board of 4 is unable to follow basic laws and hold their management accountable. This puts the NAC and its 501(c)(3) nonprofit status in real jeapordy. These 4 directors have been serving well past their 3 year term limit. They are obviously not following the Bylaws and are holding the NAC hostage. Greg Collins - 30 years Jon Van Cleave - 20 years Bill Grant - 15 years Jim Netzer - 4 years It is time to bring some new blood and proper governance to the NAC Board! Please show your support by signing this petition. Page 1 I% 3. !1 k9 Name From Comments Kathy O'Kelley Newport Beach, CA I have an athlete on the Varsity Team. I have reviewed the documents supporting lack of financial transparency, and possible mismanagement of funds. I am very concerned about the well-being of my athlete, and concerned that any future fees I pay, or donations I make will be mismanaged. I have watched a National Championship team being dismantled by with no legal recourse available. I have watched as the Jr. Rowing Director was silently replaced days after submitting a declaration to the court. I know that there is no director that possesses stellar qualifications or will care about our kids as much as Pat Rolfes has. I am concerned about the future of our Nationally respected coaches and the future of my son at NAC. Elizabeth Ewanick Newport Beach, CA We are parents of a 2018 graduate from the NAC Varsity Men's team, now currently rowing at Berkeley and a current NAC 2nd Year Varsity Women's team rower. We have attended Board meetings and have become fully aware of all documentation made public by the current Board member lawsuit. We are incredibly disappointed that this Board is not following the NAC ByLaws, California Nonprofit Law as well as their inability to work together to govern. They have appointed themselves to the Board and seem to have no term limits. They recently fired the Director of Rowing, Pat Rolfes, without cause and sent our children's upcoming season into a tailspin. We cannot stand by and continue to watch their actions take down the Junior Rowing Program to rubble. We will stand with our fellow parents in calling for their immediate dismissal. We need a member elected Board in order to maintain financial transparency, coach retainability, and proper adherence to our NAC ByLaws. We are a Premiere Rowing Club producing National Champions, we need CHANGE for the sake of our kids! Joseph Krum Newport Coast, CA Laura Choumas Newport beach, CA It's time for change. Tired of being ignored. Meredith Cagle Newport Beach, CA 6. Megan Gess Newport Beach, CA My daughter is a 4th year rower and has had a different head coach each year. I want to see stability, accountability and that coaches can focus on their job with the kids without having to worry about all of these other issues. It takes away from the kids' experience. 7. Lauren Ewanick Newport, CA As a rower of the Newport aquatic center this issue is extremely close to my heart. I hate to see people be treated unfairly. I believe that we all deserve some truth around here and I just don't see that happening with some the people on our board and Billy Whitford. all I want is justice for all. Page 2 - S"rs 1 - 7 Name From Comments 8. John Weber Newport Beach, CA My kid is a very proud member of the NAC varsity rowing team. It is an absolute shame that people and politics are getting in the way of fundamental objectives that should be the cornerstone of the NAC. Get this thing back on track! 9. Hayden Newport Beach, CA McCormick 10. Patrick Rolfes Corona Del Mar, CA It's time to run our center correctly. This board needs to go. There are many highly qualified people who want and should serve on the Board. 11. Christine Nguyen Corona del mar, CA I want new Board of Director 12. Thor Johnson Newport Beach, CA 13. Chrissie Emmel Newport Beach, CA 14. Rhenda Foster Newport Beach, CA 15. David Grant Newport Beach, CA I am one of the original founders of the NAC and the present board is illegally constituted and must be removed at once. 16. Lisa Johnson Newport Beach, CA 17. Dee Person Newport Beach, CA We need a member elected Board in order to maintain financial transparency, coach retainability, and proper adherence to our NAC ByLaws.I also know that there is no director that possesses stellar qualifications or will care about our kids as much as Pat Rolfes has, or even fundraise as well. 18. Mark Boudreau Newport Beach, CA 19. Aaron Miller Newport, CA 20. Jason Cagle Newport Beach, CA 21. John Virtue Newport Beach, CA 22. sara banta newport beach, CA This is phenomenal facility with so much potential that has been running under corrupt leadership for was too long! 23. Tammy Cameron Fountain valley, CA 24. Jennifer Rolfes Corona Del Mar, CA The NAC is a non-profit and needs to be run following the guidelines established by the original founders with a member elected board that represents all of the members not just certain groups. The board has failed to manage the NAC in a responsible manner and it is in the best interest of all parties involved to establish a new board of directors. 25. Pat Rolfes Newport Beach, CA We need a member elected board, not a board that continues to just vote themselves in and does nothing. Or ever worse, allows illegal wrong doings to happen. The NAC is in financial trouble and this board needs to go! Greg Collins, 30 years is too long. Do you even know 1 kid's name? 20 Years for Jon Van Cleave and 15 for Bill Grant? Are you guys so egotistical to think you are the only ones who can run the NAC? It's time for new blood! There are (con,"s oq next page) Page 3 - So'ares 8 - 25 Name From Comments 25. Pat Rolfes Newport Beach, CA (cor"d from previo¢s page) smart qualified people who are ready to serve. We want a new MEMBER ELECTED board now before even more damage is done to the NAC, if that's even possible! 26. Robyn Zieper Newport Coast, CA 27. Marc Foster Newport Beach, CA 28. Jim Clarkson Newport Beach, CA 29. Lewis King Huntington Beach, CA 30. Brenda Lavin NEWPORT BEACH, CA 31. Delaney Gendron Newport Beach, CA 32. Joel Kew Costa Mesa, CA 33. Al Cameron Fountain Valley, CA 34. Joel Ewanick Newport Beach, CA 35. Krissy Gendron Newport Beach, CA 36. Lindsey Yoder Huntington Beach, CA 37. Mark W Newport Beach, CA 38. David Wood Newport Beach, CA, CA 39. Mary Zollman Newport Beach, CA 40. Grant Person Newport Beach, CA We need a new BOD that is comprised of honest, accountable and ethical members. My daughter will be on the novice girls team this year and I am very concerned that my dues will go to matters outside of the junior rowing program. Pat Rolfes needs to be re -hired ASAP! Without proper financial disclosures and administration as illustrated in the bylaws this club will never function in the best interest of the members or the community. It clearly impairs fundraising. We care about the NAC and our community and we have a daughter who rows. The Board serves only to perpetuate itself. The idea they can serve, at their own pleasure, without scrutiny is hubris! The idea they can do it while failing so consistently; blinding ego. Decades of incompetence and going strong. Remarkable. We need accountability and professional management of the $$ that are donated and sent the NAC. Tra Because NAC is important. To the community, to Jr rowing, to the others programs but more importantly to those who will use NAC/rowing to better their lives. Which in turn could better their future. Lets not put our501 (c)3 non-profit status in jeopardy anymore. Time to put the proper controls in place. Please elect a new board with experience running a non-profit. Simple The NAC is an incredibly valuable resource for our community. The funds must be managed properly and the right people must be in key positions to handle the decisions effectively. 41. Matt White Newport Beach, CA Please sign this petition. We have been asking the current board for financial transparency for 3 years and we are Stonewalled repeatedly. The NAC has outgrown the current (cmoWs ork gexf page) Page 4 - Siggp res 25 - 41 Name From Comments 41. Matt White Newport Beach, CA (corfpfed from previofLs page) Board of directors. Currently our Board is a self appointed board. Meaning there is no vote except through a couple of the board members. So Top members have been self appointed, one 30 years, others 15 and approx. 10 without a true NAC Membership vote. Money has been missing for years and business have been run through the foundation. Enough is enough- please sign this petition creating a fully transparent NAC. There have been documented acts of illegal behavior and enough is enough. Thank you 42. Thanh Cung Corona Del Mar, CA We need a board that can assure financial accountabilityltransparency and abides to NAC Bylaws. We also need assurance that money donated to the junior rowing program is spent there. We will stop making donation unless these demands are met. 43. Natalie McDonald Newport Beach, CA the gigs up ... the right thing to do has presented itself, stop resisting. 44. Bruce Ibbetson Newport Beach, CA I am an original founder. This Board must be replaced now. 45. Christina Porter Costa Mesa, CA This is my sons last year and we need the support of Pat and ALL the current Varsity coaches to make it a great year. I would also like to see a new board installed due to the length of time the current board has been there. We need change 46. karin Schneider Newport Coast, CA The board and management of NAC have a documented history of lying, changing facts for their own benefit, and otherwise dodging concerns put forth to them by NAC members. They need to resign and allow new leader. The board and management of NAC have a documented history of lying, changing facts for their own benefit, and otherwise dodging concerns put forth to them by NAC members. They need to resign and allow new leadership. We demand the safety and protection of the NAC staff, coaches and athletes. We demand financial accountability, ethics, and transparency. We demand a new board and we demand that Pat Rolfes be reinstated. We need a board that can assure financial accountabilityltransparency and abides to NAC Bylaws. We also need assurance that money donated to the junior rowing program is spent there. We will stop making donations and leave unless these demands are met. 47. Kaye Krum Newport Coast, CA 48. Cindy Newman Aliso Viejo, CA 49. Patricia Griggs Laguna Beach, CA Too many dollars have been spent on non -NAC businesseslitems; those dollars should have been going to members, especially the young women and young men. Any evidence of criminal behavior should be dealt with by the authorities involved in criminal investigations and criminal prosecutions as soon as feasible. Page 5 - S"7res 41 - 49 Comments This organization is a fixture in the community and provides so much for so many. The adult members and junior rowers deserve to have honest people with integrity serving on the Board, not the current individuals. Current Board needs to go. It is time to implement proper governance and reconstitute the Board of Directors to effectively oversee the financial and operational well-being of the NAC. Keep this a positive experience for the NAC Jr. Rowing athletes that benefit from this incredible program. And immediately reinstate Pat Rolfes as Director of Rowing, reporting directly and only to the new Board of Directors. Junior Rowing has become a very important part of my son's life and I want to insure that he and all of the other rowers have the opportunity to continue to thrive and succeed in their sport of choice in a safe, well organized, and well coached program. Pat Rolfes has worked tirelessly to insure that the Junior Rowing program has the resources to be successful. He and his wife work sun up to sun down at every regatta to make sure that the kids have a great experience. Nick D"Antoni has been recognized as the best coach in the nation and the boys on the varsity team would row their arms off for him. He has taught them discipline, work ethic, teamwork, and respect. Through Nick's coaching, the boys have learned how to train, prepare, trust each other, and win. We would not be there without Nick leading the coaching staff. Time for change A nonprofit must have total transparency. NAC has helped so many children and has the potential to help so many more. But all of that is in jeopardy without a board that is 100% committed to total transparency. As a former donor, it concerns me that children were asked to raise money for a specific purpose and that money may not have been allocated for it's purpose. If the directors are not abiding by the bylaws, they are jeopardizing the status of the501(c)(3) and the futures of their athletes. Please also reinstate Pat Rolfes! He has the athletes best interests at heart. Impacts how I live my day to day life, I feel harassed by billy every time I go to the Nac Page 6 - Signe res 5q - 6q Name From 50. Shelley Carey Costa Mesa, CA 51. Peter Emmel Newport Beach, CA 52. Lacey Miller Newport Beach, CA 53. Adam Bratter Corona del Mar, CA 54. Katie Stephens Newport Beach, CA 55. Bill McCarthy Newport Beach, CA 56. Gayle Jennings Costa Mesa, CA 57. Sean Ellis Newport Beach, CA 58. Aimee Elliott Newport Beach, CA 59. Jana Kalinowski NEWPORT BEACH, CA 60. Reid Rolfes Berkeley, CA Comments This organization is a fixture in the community and provides so much for so many. The adult members and junior rowers deserve to have honest people with integrity serving on the Board, not the current individuals. Current Board needs to go. It is time to implement proper governance and reconstitute the Board of Directors to effectively oversee the financial and operational well-being of the NAC. Keep this a positive experience for the NAC Jr. Rowing athletes that benefit from this incredible program. And immediately reinstate Pat Rolfes as Director of Rowing, reporting directly and only to the new Board of Directors. Junior Rowing has become a very important part of my son's life and I want to insure that he and all of the other rowers have the opportunity to continue to thrive and succeed in their sport of choice in a safe, well organized, and well coached program. Pat Rolfes has worked tirelessly to insure that the Junior Rowing program has the resources to be successful. He and his wife work sun up to sun down at every regatta to make sure that the kids have a great experience. Nick D"Antoni has been recognized as the best coach in the nation and the boys on the varsity team would row their arms off for him. He has taught them discipline, work ethic, teamwork, and respect. Through Nick's coaching, the boys have learned how to train, prepare, trust each other, and win. We would not be there without Nick leading the coaching staff. Time for change A nonprofit must have total transparency. NAC has helped so many children and has the potential to help so many more. But all of that is in jeopardy without a board that is 100% committed to total transparency. As a former donor, it concerns me that children were asked to raise money for a specific purpose and that money may not have been allocated for it's purpose. If the directors are not abiding by the bylaws, they are jeopardizing the status of the501(c)(3) and the futures of their athletes. Please also reinstate Pat Rolfes! He has the athletes best interests at heart. Impacts how I live my day to day life, I feel harassed by billy every time I go to the Nac Page 6 - Signe res 5q - 6q Page 7 - S" wes 611 - 83 Name From Comments 61. Jim Warmington Newport Beach, CA I've been involved in NAC since the beginning and have Jr been on the board and had a jr rower for the last 4 years. The board oversight, operational management and financial controls are atrocious. As a businessperson, it is a shocking to see such incompetence 62. Alizabeth Laguna Hills, CA Abuse of power hurts everybody, But mostly the children the Arciniaga rowers the coaches and the potential future donation pool 63. Thomas Ruiz Costa mesa, CA 64. John Sclafani Newport Beach, CA Son and daughter rowed there. 65. Dylan White Newport Beach, CA I have spent every day of my highschool career at the NAC on the junior rowing program and it is heartbreaking to see my coaches live in fear of being fired, and the money that is donated not make it to the junior rowing program. I AM SICK OF IT! 66. Philip Hutchinson newport beach, CA This is important to me because this program means more than anything to me. 67. Jason Gendron Newport Beach, CA Need to create financial and operational transparency 68. Brett Obuljen Newport Beach, CA 69. Harley Zieper Newport Coast, CA I WANT NAC TO RUN WITH INTEGRITY 70. David Zachry Costa Mesa, CA I've rowed at the NAC for 4 years and have dealt with way too many problems with Billy. It's time for a change. 71. Jack Sclafani Newport Beach, CA 72. Angus Batstone Newport Beach, CA 73. Vicki Warmington Costa Mesa, CA My family including my husband, Jim, son Jim jr, daughter Sara, grandsons Harrison, Dylan, Jackson, and granddaughter, Paige have been involved in NAC over 30 years. It is time that this NAC be run fairly. Pat Rolfes has done a fantastic job organizing the junior program and should be reinstated. I see that there is no reason to have fired him. 74. Spencer Ewanick Newport Beach, CA 75. Blake Richter Newport Beach, CA 76. Mallory Taylor Tampa, FL 77. Clay Rolfes Corona del mar, CA 78. Alana Mcgee Newport beach, CA Because it's more than time for a change and some transparent leadership Please act now 79. Jack Allen Newport Beach, CA 81. Christian Newport Beach, CA I row for the nac junior rowing program Boudreau 82. Patrick San francisco, CA Klingensmith 83. Haley Petrucci Newport Coast, CA Page 7 - S" wes 611 - 83 Name From Comments 85. Heather Stead Walnut Creek, CA As a donor to my niece's fundraising campaign I was very unhappy to learn that the Board did not provide the proper oversight to ensure that the funds went to their intended purpose. This Board needs to go now! 86. Stacey Ellis Newport Beach, CA 87. Kate Batstone Newport Beach, CA 88. Karen Obuljen Newport beach, CA 89. Lauren Meskis Costa Mesa, CA 90. Susan Petersen Huntington Beach, CA 91. Blake Vaughan Salt Lake City, UT 92. Diane Hyde Newport Beach, CA 93. Svetlana Ellis Newport Beach, CA 94. Olivia Krum Newport Coast, CA 95. Nate Porter Costa Mesa, CA 96. Melissa Ruiz Costa Mesa, CA 97. Camille Beehler Costa Mesa, CA 98. Scott Hyde NEWPORT BEACH, CA 99. Lauren Richter Newport Beach, CA 100. Jake Shofron Aliso Viejo, CA 101. Laurie Fuller Costa Mesa, CA 102. Rachel Landman Aliso viejo, CA 103. Carrie Williams Newport Beach, CA 104. Annie Daley Newport Beach, CA 105. Will Creedon Denver, CO 106. John Choumas NEWPORT BEACH, CA My son is participating in Crew program and I was not made aware when paying for participation that the money would not be exclusively used for crew programs. I feel transparency is very important and moving forward this should be paramount. The burden of fund raising should be distributed equally upon the parents and donors for all programs. If changes are made, then a vote should be taken and agreed upon by the entirety of the NAC. Pat Rolfes is the best man in the city of Newport Beach and I believe he can restore the NAC back to its former glory. It's time for change Transparency, integrity and to do the right thing for our kids! I want transparency. I want accountability. Pat Rolfes helped our club so much! Should never have been fired. We love and care about all kids and the NAC, as a healthy, athletic life adventure. Need the Board of Directors to fulfill its legal and fiduciary responsibilities to the NAC and ensure transparency and accountability. Justice We need a new Responsible Board that will set new standards and checks and balances for this Non Profit! This community and so many kids benefit from NAC! All organizations - and especially a nonprofit run on City land - need to be transparent, accountable and run according to bylaws. Page 8 - Soares 85 - -I q6 113. Natasha Ellis Newport Beach, CA 114. Sue Applegate Ca, CA 115. Emery R Corona Del Mar, CA 116. Garrett Putnam Newport Beach, CA 117. Mike Banta Newport beach, CA 118. Andrew Person Newport Beach, CA 119. Amy Delaney Walnut Creek, CA 120. Tess Emmel Name From 108. Timothy Anthony Coto de caza, CA 109. Joanne Schwary Newport Beach, CA 110. Scott Zachry Costa Mesa, CA 111. heidi johnson newport beach, CA 112. Mike Eschbach Newport Beach, CA 113. Natasha Ellis Newport Beach, CA 114. Sue Applegate Ca, CA 115. Emery R Corona Del Mar, CA 116. Garrett Putnam Newport Beach, CA 117. Mike Banta Newport beach, CA 118. Andrew Person Newport Beach, CA 119. Amy Delaney Walnut Creek, CA 120. Tess Emmel newport beach, CA 121. Greg Schneider Newport beach, CA 122. Ellen Dietrick Newport Beach, CA 123. Josh & Jen Haynie Seal Beach, CA 124. Natalie Moreno 125. Danielle Von Der Ahe 126. Bobbie McIntyre 127. Julie White 128. John Warwick 129. Ken Ponchak 130. Zach Casler 131. Mark Carroll 132. K Richardson Newport Beach, CA Newport Beach, CA Seal Beach, CA Newport Beach, CA Newport Beach, CA Huntington Beach, CA Newport beach, CA Newport Beach, CA Newport Beach, CA Comments The NAC has not had a legally constituted Board of Directors since 1989. 1 care about the NAC and I want what's best for the rowing team. It's time for a new board that will run the NAC correctly. The rowing programs should feel protected and supported by everyone. this is a change that must come into effect. The corruption has to end! We have been involved with this facility for 30 years and it's time to help it reach its potential under new management It's time for a new board who can fulfill their legally required responsibilities and ensure a great facility for all programs and the community. A new board needs to be in place so NAC can maintain its strong reputation under the direction of Pat Rolfes. Time for a new Board at the NAC for the members. participants and employees. This change is crucial, to the NAC as an entity and to the people it serves. I grew up in the program I believe the NAC is, primarily, for the development of the Acquatic experience for the youth of the community of Newport Beach. Honesty and transparency are a minimum standard for any organization. Page 9 - SSgnp�r 108 -132 Name From Comments 133. Drew Emmel NEWPORT Beach, CA 134. Judymarie Seal Beach, CA McIntyre 135. Bridget Skinner Newport Beach, CA Stop the madness! Time for change on the board! 136. Teresa Hlista Costa Mesa, CA 137. Staci Francois Newport Beach, CA 138. Elisha Cameron Fountain valley, CA 139. Jeanne Smith Newport Beach, CA This board of directors must go! As the mother of a varsity rower, I am appalled by the lack of transparency of how my junior rowing funds have been spent. I was never told that the dues I paid for my son to row would and could be spent on non rowing programs at NAC. I have emailed Jon Van Cleave, Jim Netzer and Greg Collins twice in the last week asking for answers to specific questions, with no response from any of them. That is not acceptable. The firing of Pat Rolfes is really the last straw - he has been such a great asset to the junior rowing program; his termination is a travesty and illegal retaliation. I hope this board will resign before further legal action is necessary. 140. Andrew Smith Newport Beach, CA What's best for the NAC must be done. As a junior rower, I believe in total fiscal transparency and am outraged that the board has put their own interests ahead of my team, our generous donors, and the NAC as a whole. Change must be enacted. 141. donovan Crook newport beach, CA 142. Gretchen Schlegel Corona Del Mar, CA 143. Cheryl Rice Dana Point, CA 144. Laurel Gregory Corona Del Mar, CA 145. ashley zieper Newport Coast, CA 146. Bruce Zieper Newport Coast, CA The NAC should be run with complete financial transparency, by a BoD most interest d in investing themselves in making NAC the best it can be for its members. This should involve cycling board members on a regular basis to bring in new ideas, contacts and energy. This BoD has been in place far too long, is not open to member feedback, not open to allowing others to step in and help guide the NAC now and into the future. If these are the best BoD the community can find, let them run and get re-elected in a properly conducted election by the membership. 147. Joe Skinner Newport Beach, CA The board should be elected by members, not appointed by Billy Whitford. 148. Paul Tobin Newport Beach, CA Resign! Shame! 149. Melissa Vaicek Newport Beach, CA I am supporting friends who have kids in the program! Page lq - S"res 133 -149 164. Name From Comments 150. Nico Vilgiate Santa Monica, CA Because we have invested financially, emotionally not only 151. Danette Dye Newport Beach, CA from a parents point of view but from a rowers from the last 4 152. W G Newport Coast, CA years. 154. Elizabeth Stake Newport Beach, CA 155. Kasey Solesbee Newport Beach, CA The NAC is an amazing resource in our backyard that is 156. Graham McGee Newport Beach, CA being mismanaged. 157. Dana B. Newport Beach, CA 158. Danielle Heiland Santa Ana, CA 159. Lisa Chavos Corona Del Mar, CA 160. Ryan Porter Costa Mesa, CA 161. James Creber Palm Desert, CA 162. Joanna Newport Beach, CA It is long past time to reinstate a vote for the board by Hutchinson members. We, at this time, are in reality customers not 163. Lori Anthony Coto de caza, CA Pat Rolfes should be reinstated immediately. He's a great advocate for the jr rowing program. Time to ELECT board members l l l 164. Colin Krum Newport Coast, CA gregory petersen 165. Wendy Zachry Costa Mesa, CA Because we have invested financially, emotionally not only from a parents point of view but from a rowers from the last 4 years. 166. Debbie Millar Newport Beach, CA 167. Nancy Vaughan Newport Beach, CA The NAC is an amazing resource in our backyard that is being mismanaged. 168. Josh Buscaglio Costa Mesa, CA 169. Matthew Beehler Costa Mesa, CA 170. Jana and greg Newport Coast, CA Mcgrsth 171. Rose Casler Newport Beach, CA 172. Hank Thayer Costa Mesa, CA It is long past time to reinstate a vote for the board by members. We, at this time, are in reality customers not members. Nothing will change with continuing the self appointing board. 173. Evan Krum 174. gregory petersen 175. John Dwyer 176. Caroline Chavos Newport Coast, CA corona del mar, CA Huntington Beach, CA Newport Beach, CA I towed here for all four ears of highschool and was there during the highs and the lows and found out that most of the lows were due to the board and billy Page 11 - S gT res 15q -176 Name From Comments 177. Diane Moore Laguna Niguel, CA The Board needs to step down - this is Not a corporation 184. where there are no time limits in place. A non -prof it501(c)(3) newport beach, CA must obide by strict government regulations in order to 185. maintain that status. What and how they're going about this Newport Beach, CA is all wrong and detrimental to a place that renders so much good to people! It's personally been my "safe haven" for CA years! Allow others to come and enjoy and share in what 186. we've been blessed with. Stop the dysfuction now! 178. JON Dishon newport beach, CA Please reinstate Pat. He's given so much to this facility and 179. Will Warwick Newport Beach, CA Because it's not right to take people's donations and use it newport beach, CA for something else other than rowing 180. Laura Newport Beach, CA Dana Feltman Matthews-Norred Our son just completed his first year of rowing at NAC and 181. P J Costa Mesa, CA Really... 30 Years on the board, 20, 15, etc. Way too long. NEWPORT BEACH, End the madness! Step down and let new people try to bring the sanity back to the NAC. 182. Cindy Valdes Newport Beach, CA Pat Rolfes was a huge asset to the junior rowing program 195. and should be reinstated. 183. Holden Kelly Orange, CA 184. Alissa Janes newport beach, CA 185. Navid Ghalambor Newport Beach, CA Because I am a varsity rower and I want the future of NAC to CA be safe and successful 186. Aarica Griner Laguna Hills, CA Please reinstate Pat. He's given so much to this facility and 187. patti weber newport beach, CA deserves his position. If not a new board, then transparency 188. Dana Feltman Costa Mesa, CA Our son just completed his first year of rowing at NAC and 194. Laurie Carroll NEWPORT BEACH, Pat Rolfes was very instrumental in getting our son on the CA Novice team and guiding him and our family through our first 195. Kathryn Austin Costa Mesa, CA season. We want Pat Rolfes to continue his role at NAC. The NAC rowing program will not be the same without him. 189. Christine Babin Newport Beach, CA 190. Henry Jacobs Laguna niguel, CA 191. Kameron Newport Beach, CA Radovanovic 192. Adam Hutchinson NEWPORT BEACH, CA 193. Joe L Corona del Mar, CA Please reinstate Pat. He's given so much to this facility and deserves his position. If not a new board, then transparency must be a priority. 194. Laurie Carroll NEWPORT BEACH, This is my daughters happy place. CA 195. Kathryn Austin Costa Mesa, CA Page 12 - S"�wes 177 -195 Name From Comments 196. Geoff Coar Corona del Mar, CA As a parent of rower's at NAC it is very important for the board to have transparency and a fiduciary obligation to the organization. The board lost my respect when they cancelled last weeks scheduled meeting. 197. Miya Meskis Costa Mesa, CA 198. Jason Warren Newbury Park, CA My son is in his 3rd year rowing 199. Tammy Kubiak Costa Mesa, CA 200. Gen Hilbert Newport Beach, CA 201. Trevor Phillips newport beach, CA The NAC is a special community with devoted and passionate members. We must be mindful of these members and the communities interest if we wish to keep growing and continue being successful. 202. Adam McDonald Newport Beach, CA 203. Parker Ruiz Costa Mesa, CA 204. Caroline T Newport beach, CA The egos of this board are over the top. Time to let some fresh thoughts and ideas in 205. Cristina Morcom Pinecrest, FL 206. Lisa FOX Newport Beach, CA 207. Barbara Barnard Newport Beach, CA 208. Peyton Cagle Newport Beach, CA 209. William Applegate Newport Beach, CA This incestuous board refuses to operate in the best interest of it's membership, athletes, and parents. There is no financial transparency. The corruption and collusion just continues. This Board has made a mockery of 501 c3 regulations and bylaws with their arrogance. The donations that they have begged for are used to provide for the Director's every whim and not as they were intended or promised. 210. Katie Gath Huntington Beach, CA 211. Gavin Yoder Huntington Beach, CA 212. patrick cleveland ladera ranch, CA 213. Jenna Delaney Newport Beach, CA 214. Stella Ewanick Newport Beach, CA Angry supporter... when my grandkids ask me to give for a fundraiser I don't think in a million years my money won't go to purchase the boats that they were fundraising for. Especially when you have your Varsity Head coach make a video. Nick D'Antoni is top notch! Taking the money and spreading it around to all is wrong. I vote for financial transparency and a bank account for junior rowing. We have plenty to give but not until you do the right thing. 215. S. S Newport Beach, CA The conflict at the NAC needs to be resolved at the earliest opportunity. Such conflict destroys teams and culture. Based on my understanding of Billy's conduct is not in line with his (cmApes op qex f page) Page 13 - S-igr�a�res 196 - 215 Name From Comments 215. S. S Newport Beach, CA (corygped from previofLs page) fiduciary duty and the current board is not acting with the welfare of the customers of the NAC including the junior rowing program. A board with an understanding of their legal responsibilities is urgently needed. Please vote the current board out. 216. Matt Clarkson Newport Beach, CA 217. NED POST Newport Beach, CA It's about teaching youth to become the very best they can be and setting the example. 218. Alise Cung Corona Del Mar, CA As a 3-year member of the NAC Jr. Rowing Program, the NAC has meant a lot to me. Seeing all of this turbulence within the Board makes me wonder if I can still put my trust, hard work, and money into the NAC for my 4th and final year. I want to see change at NAC so my teammates and I can have a successful and worthwhile year that all of us and our families deserve. 219. Charlie Singer Newport Beach, CA NAC rowers deserve to have a board of directors who look out for their interests. 220. Kay W. Newport beach, CA We need a properly run organization! 221. Emma Dye Newport beach, CA Being a coxswain for the varsity men's team at the NAC, all my best interests go to the success for us as we pay to be coached, respected, loved, and LOOKED AFTER. not sabatoged by the board and billy Whitford. Pat rolfes needs to be reinstated as he has all the best ways to make sure that we excel in the coming years. As our phrase, why lose when you can win, has been an inspiration to us, with this new director of the Jrs, it seems to be why win when you can lose. Thank you. 222. Ivan Fomin Newport Beach, CA 223. Steve Barnard Newport Beach, CA 224. Ryan McCarthy Newport Beach, CA Because i row at the nac and i dont want politics to get in the way of what i love doing 225. Griffin Lewis Costa nesa, CA I'm a varsity men's rower. I want my future are NAC fone the best it can be. This is an amazing program and I want the NAC to remain one of the best aquatic centers in the US 226. Julie Lewis-grenz Newport Beach, CA 227. Nancy Fleming Newport Beach, CA To end the corruption and lack of ethics at the NAC. To find financial stability and security for the NAC. To reinstate Pat Rofles and secure other rowing coaches jobs. To end the self-appointed, self-serving BOD who is inexplicably behaving in a shameful manner. 228. Pam Haller Ladera Ranch, CA 229. Curt Fleming Newport Beach, CA For the good of the kids. 230. Kevin Newport Beach, CA Lewis-Grenz Page 14 - S-ignares 215 - 23q 239. Kate Collingwood Malvern, au 240. Emily Melbourne, au Meredith -Smith 241. Fleur Ritchie Bellevue Hill, au 242. John Collingwood Southbank, au 243. Name From 231. Jax Chavos Corona Del Mar, CA 232. Fiona Batstone Newport beach, CA 233. Garrett Boezinger San Clemente, CA 234. Colleen Weber Newport Beach, CA 235. Colette Hodgkins Corona Del Mar, CA 236. Sarah Tobin Newport Beach, CA 237. Georgie Knott Hawthorn, au 238. Christine Southbank, au 251. Collingwood Newport beach, CA 239. Kate Collingwood Malvern, au 240. Emily Melbourne, au Meredith -Smith 241. Fleur Ritchie Bellevue Hill, au 242. John Collingwood Southbank, au 243. Kevin Boyle Newport Beach, CA 244. Suzanna Richter Newport Beach, CA 245. Riley Warren Newport Beach, CA 246. Melissa Mission Viejo, CA Strodtbeck 247. Carol Noya Newport Coast, CA 248. Jeffrey Wood Corona Del Mar, CA 249. Tom Joyce Newport Beach, CA 250. charlie mcgee newport beach, CA 251. Kristen Chadwell Newport beach, CA 252. Nguyet Tran Costa Mesa, CA 253. Andrew Ku bat Newport Beach, CA 254. Jacob Montiel Newport Beach, CA 255. Mary Boyle Newport Beach, CA Comments One of my friends is in dire need of a change in the directors. I've heard there has been not necessarily illegal activity but questionable activity has been reported. I want to support my friend, her friends, and all the guy and gals rowing out there. Because rowing has made such a difference to or granddaughter's life. It has encouraged fitness, commitment and team spirit. We often stay with our family in Newport, and my son is also a keen rower like his cousin Bella Tobin. The rowing is a huge part of their lives and it is vitally important that the club they belong to is a strong and trusted one. Support the future of rowing for the kids!! Our Grand daughter is an active and competitive rower and we want the Club to prosper. Pat Rolfes was unjustly fired. This board is corrupt and stays past legal term limits. I have family friends at the NAC. time for a change The future of my rowing career depends on it While not intimately familiar with the history of how this program got to this point, seems a generally reasonable way forward to bring healing to all parties involved so the future of the programs at NAC and the facility itself can continue to serve our community. Page 15 - S yi afires 231 - 255 Name From Comments 256. Logan Warwick Newport Beach, CA NAC should be a place of comfort, development, and opportunity for all. Instead it is corrupt and mismanaged 257. Avery Warwick Newport Beach, CA Because the NAC is a home to many of my friends and I want the best, transparent board possible. I also want the best for the coaches and I know for a fact that Billy is not, considering I've become friends with many of the coaches who have told me story after story. The board needs to stop excusing Billy's actions as well as start being financially transparent. The current board is not the best thing for our home. 258. Sara loffrida 259. Simon Dillon 260. Brooke Zachry 261. Malia Putnam 262. Svetlana Fomina Huntington Beach, CA Newport Beach, CA Costa Mesa, CA Newport Beach, CA Newport Beach, CA 263. Jeanette Deutsch Costa Mesa, CA I use that facility and think it's so run down and disgusting. 264. Joe Flohr Upland, CA 265. Kelly Jacobs Laguna Niguel, CA 266. Gregory Petersen Huntington Beach, CA 267. Mike Austin Laguna Beach, CA 268. Lucas Austin Laguna Beach, CA 269. Jennifer Mannon Newport Beach, CA 270. Linnet Conley Newport Beach, CA 271. Chris King New York, NY 272. Sule Klein Costa Mesa, CA Must be someone stealing money or doesn't know what the hell they are doing ! ! ! Pat Rolfes has, without exception, always been there for the NAC rowing community. Whether it was driving the long distance to make sure our racing shells got to the regatta safely, or helping other parents set up camp at competitive events, Pat did it all with a smile on his face and nothing but the best of intentions. I want Pat back! We were new to the NAC as of last year and were under the guise that it is a non-profit facility operating to benefit the kids in our community. We were disheartened and concerned to find out that so much is going on behind the community's back and "under the table". Shame on you board members! I am a past parent of NAC rowers, and current sculler out of the NAC. It is sad to see such a great organization being run by a thief and bully. My dues, the kids expenses and all others forms of income to the NAC should not be paying for someone's personal expenses, attorney fees etc. Optional fund raising, grants, gifts etc. should be used for the program or equipment the donor was expressly donating to. I have a daughter in NACJrRowing program. Page 16 - S" fires 256 - 272 Name 273. Darcy Post 274. Shayna Wein 275. Bailey Evans 276. Dan Robertson 277. Preston Lee 278. Preston Kenney 279. Gretchen Lee 280. Jill McGill 281. Brook Severance 282. MAUREEN Santa Ana, CA RENNICK 283. Bryce Rennick From NEWPORT BEACH, CA Newport Beach, CA Costa Mesa, CA Newport Beach, CA Corona del Mar, CA Newport Beach, CA Corona delMar, CA La Habra Heights, CA Newport Coast, CA Costa Mesa, CA Costa Mesa, CA 284. Aaron Miller Newport Beach, CA 285. Christopher Cung Corona Del Mar, CA 286. David Voorhees Irvine, CA 287. David Foell Newport Beach, CA 288. Diana Kersten Laguna Beach, CA 289. Jocelyn Bratter Corona Del Mar, CA 290. Nathaniel Bratter Corona Del Mar, CA 291. Debbi Lopez Santa Ana, CA 292. Marvin Nevens Los Angeles, CA 293, Cindy San Jose, CA ZAMBORELLI 294. James Cipon Newport Beach, CA 295. Piper Cagle Newport Beach, CA 296. Joanna Robertson Newport Beach, CA 297. Judy Desbans Irvine, CA 298. Sandra Prime Corona Del mar, CA Comments I was an athlete there and the teams were very successful, but there was a definite sense of some kind of embellishment. My son is in Junior Rowing BECAUSE OF THE CHILDREN!!!!! The young athletes and coaches don't need the distractions. The coaches need to know that their jobs are secure. I don't trust the new gal to do anything close to what Pat and his wife did. I want to know what my donations are going to. I am tired of the missing funds and those not paying their full share having a negative impact on the NAC. Because I think the old board members at NAC are not suitable to run Nac! Simply what is in the best interest for the long term health of the NAC. Our kids are all being hurt by this! To show support for my fellow USC Trojan fan! #FightOn Change is good for any organization and someone being on the board for 15 or 30 years is too long. Tim to let others join the board for new ideas Page 17 - Siig Kes 273 - 298 Name 299. Lynne D. D 300. Melissa Warren 301. colleen weber 302. Lauren McGrath 303. Kevin Coop 304. Laurie Delaney 305. Christopher Casler From Comments Denver, CO The current Board's actions are a disgrace. They're so cavalier with their own Bylaws, it makes you wonder in what other areas of their lives they're also breaking laws. Wonder if the IRS knows about their creative bookkeeping practices, too. Westlake village, CA Our son rows at this facility and the funding should be above board like any other business! Newport Beach, CA Newport Coast, CA I feel the entire hardworking, amazing girl's team deserves to be recognized. Thank you. Newport Beach, CA Newport Beach, CA Newport Beach, CA 306. Robert Cunard Mission Viejo, CA 307. Stacey Kinney San Juan Capistrano, CA 308. Luke Haynie Seal Beach, CA 309. Jock Marlo Newport Beach, CA 310. Nicolas Johnson Anaheim, CA 311. Cindy Gates Newport Beach, CA 312. Scott Lampman Newport Beach, CA 313. Vickie Brooks Costa Mesa, CA 314. Tasha Karam Newport Beach, CA 315. Clay Rollins Costa Mesa, CA 316. Elgin Laib Dana point, CA 317. Brendan Gerrity Costa Mesa, CA 318. Bill Rothenburger Irvine, CA Page 18 - I have been to board meeting after board meeting with no changes. The time has come for some new blood. The board should be accountable to the members and should be elected. We need clearer financial transparency. Because I rowed there and sympathize heavily with the kids who want a better program and are stuck in a bad situation. These crimes are in our community and my grandson rowed 4 years at NAC My son attended NAC crew for 4 heads all during high school. He also did extra help to make NAC a proud and competitive atmosphere for students of his kind. He went on to college and became a collegiate Rower winning four years national championships. After college came back and worked at Newport Beach aquatic center trying to continue the pride. He was way overqualified but he love the students and The sport. He worked way beyond the hours that has paid.. Parents need to standup and see what is going on..! 1! I am member of NAC (rowing) and I want to make sure my dues and storage fees are used properly. this is not about the NAC !! " it is a " Bonfire of the Vanities " of two people who confused some old Olympic award, and their Zip codes with their I.Q.'s. They are Ego centered, and want to add glory to their miger lives! As the city says it is a (cor"s oil pexf page) Siigrres 299 - 318 Name From Comments 318. Bill Rothenburger Irvine, CA (corgkifwdlkomprevio�s page) highly success full program. It is not about the members, or children , but "All about Them" 319. Paul fedorovsky san clemente, CA 320. Aaron Azami San Clemente, CA 321. Annabella Peca Newport Beach, CA 322. Donna C RMV, CA Both of my children were involved in the Jr. rowing programs throughout high school. One earning a scholarship to a State college rowing program. My family was heavily involved in all aspects of the program including fundraising for improvements including boats that never materialized. As a former parent leader of the Jr. rowing program I can attest that financial accountability was unheard of and Billy Whitford and the Board continually covered up where monies were being allocated. This was over 13 years ago! Time for a change so that the amazing programs at the NAC can continue to provide services to our youth and community into the future. Page 19 - S-igr�a�wes 318 - 322 car42 Support A New Member -Elected Board of Directors at the Newport Aquatic Center https://www.thepetitionsite.com/5541530/633/support-a-new-board-of-d irectors-at-the-newport- aquatic-center/ Author: NAC Information Recipient: Petition: The current Board of Directors at the Newport Aquatic Center is operating with only four directors instead of the eight that is required by the Bylaws. These four directors have collectively served over 70 years on the board and refuse to step down. There is evidence that they are complicit in many financial wrongdoings at the NAC and fail to uphold their fiduciary duty to the organization. Please sign this petition to show your support of a new member -elected Board of Directors at the Newport Aquatic Center. Page 1 2 0 Name From Comments Donna Warwick Newport Beach, CA Jim Warmington Costa Mesa, CA Dear Council Member Brenner, Jr I'd like to thank you for caring about the Newport Aquatic Center, its many members, student -athletes, parents and the general community it serves. I am writing to show my support of your motion to add a vote for an investigation of the NAC to the next City Council agenda. This investigation can only benefit the City of Newport Beach, its residents, and the surrounding communities by bringing transparency to the NAC. Many of us attended a majority of the board meetings for over 4+ years, before members were blocked from attending recently. I can honestly say that I have never seen a more disingenuous, dishonest group of appallingly bad leaders in my life. Having been told in board meetings at least twice that all programs are self supporting, and all Jr Rowing dues and donations go to support the Jr Rowing program, we have been told that they "sweep" the Jr Rowing money to fund other activities. By definition, this is fraud. It is hard to understand, logically, why the board would act in the ways described. Truthfully, I struggle with that, and cannot comprehend why anyone would spend all their time hiding information, covering up bad management and obfuscating, instead of simply correcting the issues. It was astounding to watch over the years. We have seen this NAC leadership: 1. They don't follow their own bylaws, but who can stop them? 2. They don't follow their lease - by having for-profit businesses on-site 3. They don't follow the law -spy microphone -Paying personal expenses on NAC credit cards -seemingly funding outside business expenses with NAC funds and no reimbursement -Labor law violations. 4. Poor financial management -The board's own consultant said in a meeting "I wouldn't donate to an organization with these financial controls" -they can't produce a real budget or financials for review Worst of all, this board has actively worked to create discord between different groups of the NAC membership where good people on both sides no longer like each other. They are also actively working to reduce the prominence of the Jr Rowing which is hurting the kids. While the board and NAC leadership will no doubt disagree (coif f q, es oo, qex f page) Page 2 - 55gnaffres 1 - 3 Name From Comments 3. Jim Warmington Costa Mesa, CA (cor"d from previous page) Jr with this assessment, I expect they will use the same delay tactics and legal fighting, instead of simply providing all the financial and other information that would easily clear their names, IF they had done nothing wrong. This of course is mostly my observation and opinion, so an investigation by the city, regardless of which side is shown to be correct, would help put an end to this horrible chapter in an amazing organization Thank you for your consideration. Jim Warmington, Jr. 4. Bruce Ibbetson Newport Beach, CA It is long overdue to correct the violations, and to have a member elected Board. 5. Susan Skinner oeirhno, CA I support a member elected board. There needs to be 100% transparency to resolve the issues now facing the NAC. A regular turn over of board members with member participation in their selection seems to me to be a good thing to have. 10. Marc Foster Newport Beach, CA The best way to ensure any organization truly represents it members is to have its members involved with the governance of the organization. The NAC bylaws need to change Now for the benefit of everyone. 11. William Jewell Long Beach, CA If this helps settle the litigation and creates a clean slate forward, then I support a new board of directors immediately. A fresh start could only re-energize the future greatness of a center that was created by a majority vote of Newport Beach residence. 12. Curt Fleming Newport Beach, CA I'm one of the original founders and first BOD President of NAC. We originally adopted bylaws that incorporated a member run organization. Bylaws were illegally changed by the existing management and it needs to be changed back to the original intent so that the corruption and lack of transparency can be eliminated. 13. David Grant Newport Beach, CA Crucial to the present and future operation of the NAC that a totally new Board be put in place. 14. Joel Kew Costa Mesa, CA The needs of the members and the community need to be represented by the Board 15. David Nealey Corona Del Mar, CA The NAC operates as a benefit to its members and the community at large. Consequently, the members should have a say in the election of the Board of Directors who are responsible for the operation of the facility. 16. Tom Young corona del mar, CA It's time for the board of directors to be member elected. The organization should be transparent and accountable to all its' members. Page 3 - SWres 3 -16 Name From Comments 17. Jim Clarkson Newport Beach, CA For all the reasons stated. There is no accountability, members have never seen a budget and where money is spent. Members have no say so with the board. I was one of the founding board members and helped organize the development of the club. It was clearly the intent of the board to be member elected board serving a 2 to 3 year term. 19. Jim Warmington Newport beach, CA Our present board is out of control. The worst example of poor financial management that I've seen. They penalize the ju noir rowing program consistently. Page 4 - S"� 17 -19