Director Jack Unger personally distributing derogatory and
libelous material within the CSD board meeting room prior to the February
board meeting as community members enter the doorway. Unger has done
this at a previous board meeting and his actions are exposing himself and
the Newberry CSD to multiple legal actions.
UPDATE: In Time Of Needed Leadership
The Newberry CSD Is Failing !
Posted: March 8, 2020
Newberry Springs Community Alliance
by Ted Stimpfel
Red Hot February CSD Board Meeting
The assault upon Newberry Springs starts with the failure
of leadership against solar from CSD President Robert Springer
and has spiraled downward through directors Paula Deel, Jack Unger
and Vickie Paulsen.
Director Larry Clark has been honestly upfront about
favoring solar development. So, I have long ago written him off as not
standing with the community.
A part of the problem appears to stem from the widespread
arrogance of the directors and their failure to seriously listen to the community
and the CSD's lack of professional training.
The CSD directors want total control of the decision on the
solar litigation and do not want to share it with the co-Petitioners, the
Friends of Newberry Springs ("Friends"). The Friends are
counter-punching, fighting so that the community's residents' voices
will be heard.
Following within the direction of CSD director Vickie
"From what I gathered from at the talks with the
attorney, the Friends of Newberry need to organize, get counsel and bring
their own suit."
the community has indeed organized and has banded around the existing
Friends of Newberry Springs.
The Friends share two attorneys with the CSD as their Attorneys
of Record. Since Paulsen's "talks with the attorney,"
the filing deadline has passed, and with the failure of the CSD to communicate,
the community's Friends must remain with the
that it is named to, and with its Attorneys of Record unless substitutes are accepted.
The attorneys, Mike Gatto and Mitchell M. Tsai, have filed
themselves as the attorneys for the Friends, a long existing group in the
community probably selected to best support the CSD.
Apparently, the CSD has later instructed the attorneys not to
recognize the community's Friends. It is not believed by the Friends
that the attorneys can simply drop one Petitioner in favor of another.
Problems with Director Jack Unger
At the February 2020 board meeting, obstructive Jack Unger spoke
in defiance of the community's Friends group. Claiming that he founded the
Friends first and that the community group's Friends is not legitimate.
He states that the Friends is actually him! (Hear recording below.)
Obviously, Unger has not lived nor been active in Newberry long enough to know
that the Friends of Newberry Springs predates him.
What is wrong with this egomaniac ?
Who should care who came first? Unger should be thinking of the community,
not himself throwing a monkey wrench at a collaborative community organization that
is the organization recognized in the filed Petition.
Ornery Jack Unger had even prepared a written statement before
the February Board meeting expecting to argue his Red Herring position as a
CSD power player against the community's residents.
Well, Unger's arguments fall flat.
(1) Any fundraising organization as described by Jack Unger is not necessary to be
placed onto the Petition.
(2) Jack Unger has egotistically stated that HE IS the Friends of
Newberry Springs, a fundraising group. According to Unger, his
"Friends" group has never been launched so how can it be an active Petitioner?
(3) The community's Friends, consisting of hundreds of residents,
are not Unger's alleged fundraisers inside and outside of the community,
but as clearly described in the Petition, they are the locally impacted
residents who are fighting to protect and preserve Newberry Springs.
(4) According to Unger's own words, to date his Friends entity
has not been activated by the Board to raise funds.
(5) Consequently, no one has contributed a penny to his non-existant
Jack Unger might be investigated by State authorities.
The Friends is identified in the Petition as a separate Petitioner that
has a completely separate working Interest than the CSD. As a CSD
director, Jack Unger has a serious conflict-of-interest as a
Friends Petitioner. If he is claiming to control the Friends as
the "Founder" as he has publicly stated, then he should have earlier
removed himself from the CSD Board.
Instead of removing himself, Jack Unger is attempting
to use his Friends claim as a tool to now maliciously obstruct the
community's Friends with the conspiracy assistance of the CSD.
The other CSD directors should have clearly seen this
conflict-of-interest and their complicity in continuing the malicious
obstruction. The Board's wanton action and inaction is very
serious and troubling. For the attorneys, their play in ignoring
the community's Friends appears to be violating their fiduciary obligations
that could lead them to liability misfortune.
No matter how one looks at the calamity mess, the CSD Board
has been acting like uneducated fools. Any attempt to strip and deny the
Friends their right to be represented in the Petition can have
dire consequences. Why can't the CSD work with the community's
Friends of Newberry Springs?
Jack Unger appeared to be providing very selfish, self-centered
and self-serving responses to questions
from a general member of the Newberry community.
The Friends disagree with Unger's cockeyed reasoning.
Recorded at the February 25, 2020, CSD Board meeting.
Friends of Newberry Springs Transparency
On the behalf of the Friends of Newberry Springs and at
the direction of the Friends' representatives, I have written several
communications including an introductory e-mail to attorney Mike Gatto
on February 17, 2020.
In not having received the courtesy of an acknowledgment,
at the direction of the Friends' representatives, on March 4, 2020, I sent a
communication to both attorneys representing us, Mike Gatto and Mitchell M. Tsai.
This was to place both on Notice of the Friends minimum settlement
offer to the County for the Mandatory Settlement Conference scheduled
for March 9, 2020.
On the same date, March 4, 2020, a
was sent to the Newberry CSD. The communication includes,
(1), my displeasure of inaccurate Minutes for the Special Board Meeting on
February 12, 2020;
(2), recognition of the lack of the Board's transparency to the Friends
and the community regarding the business of the Board;
(3), the CSD Board's apparent conspiracy and obstruction in wilfully denying
the Friends their legal right to knowledge and participation in a Mandatory
Settlement Meeting scheduled on February 20, 2020;
(4), that the Friends will hold the CSD and its directors responsible for
any damages should the CSD illegally close the litigation without the
consent of the community's Friends;
(5), that the Friends desire to work with the CSD for the mutual benefit
of the community; and
(6), the Friends strongly suggest that representatives of the CSD meet
with the community's Friends prior to the March 9, 2020, Mandatory
Settlement Conference (MSC).
The CSD has not given the community's Friends the courtesy
of a response. It would appear that the CSD is conspiring to freeze the
community's Friends from any participation in the MSC and the litigation.
Late Saturday afternoon, March 7, 2020, I received two e-mail
communications from attorney Mike Gatto. He claims that he will not be
representing the community's Friends.
On the behalf of the Friends as the designated spokesperson,
I informed Mr. Gatto that he is registered as our Attorney of Record and that
we intend to continue to recognize him and Mr. Mitchell Tsai as such until
the differences in the understanding can be mutually resolved.
Should the attorneys damage the community by settling
with the County outside of the minimum settlement perimeters
presented by the community's Friends, a very serious breach
of fiduciary duty will need to be addressed.
Can't we all just get along?
• • •
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