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Kim Williams v USPSA - 16-2-00504-0 33 (Declaration Affidavit).pdf

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16-2-00504-0
DCLR 33
Declaration
Affidavit
2806266
3/23/2018
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11.Attached to this Declaration as Exhibit J ...
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Kim Williams v USPSA - 16-2-00504-0 33 (Declaration Affidavit).pdf

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Kim Williams v USPSA - Document 33 Declaration Affidavit

Visit Practical Shooting Insights for more on Instagram or Facebook @practical.shooting.insights

Kim Williams, Bruce Gary, Mike Foley, Phil Strader

PHILIP BURI, under the penalty of perjury under the laws of the State of
Washington, declares:
1. I am counsel for Defendant United States Practical Shooting Association, am
competent to make this Declaration, and testify based on my personal
knowledge.
2. Attached to this Declaration as Exhibit A is a true and correct copy an email
containing the 07/03/2012 announcement of retirement of Executive Dave
Thomas and call for applicants.
Declaration of Philip Burl In Support of Motion for
Summary Judgment -- 1
llurli:..n.tOftMun,fonl, Pl.LC
1601 I= Street
Bellingham, W•shlngton 98225
P J60.752.1500 I F 360,752.1502

3/23/2018
3. Attached to this Declaration as Exhibit B is a true and correct copy of the July
22, 2014 email from Kimberly Williams to President Phil Strader regarding
Area 6 Director Jay Corn.
4. Attached to this Declaration as Exhibit C is a true and correct copy of the
07/31/2014 Statement from Kimberly Williams to the Board regarding Area 6
Director Jay Corn.
5. Attached to this Declaration as Exhibit Dis a true and correct copy of the
Minutes from the 08/11/2014 Board Meeting.
6. Attached to this Declaration as Exhibit Eis a true and correct copy of the
08/27/2015 Confidential Memorandum sent to the Board from Julleen Snyder,
CPA.
7. Attached to this Declaration as Exhibit Fis a true and correct copy of
President Phil Strader's 10/20/2014 email to Detective Jonathan Weiss
regarding the investigation into potential embezzlement.
8. Attached to this Declaration as Exhibit G is a true and correct copy of an
undated birthday greeting and thank you note from Kimberly Williams to
Bruce Gary.
9. Attached to this Declaration as Exhibit His a true and correct copy of a July
16, 2015 Statement from Kimberly Williams to President Phil Strader
regarding actions of Bruce Gary.
10.Attached to this Declaration as Exhibit I is a true and correct copy of the
01/24-25/2015 Meeting Minutes
Declaration of Phlllp Burl In Support of Motion for
Summary Judgment - 2
a..ts:.-t-Mun,f.,.d,PUC
1601 F Stre•t
Bellingham, Wuhington 98225
P 360.752.1500 I F 360.752.l 502

"Bruce had, multiple times, requested that I come
down to Microsoft, his campus at Microsoft, and do
training and stuff with him. I didn't have the time to
devote to going down there, much less the inclination -- I
didn't feel as though he had the insight that he needed."

Kim Williams v USPSA - Document 33 Declaration Affidavit

Visit Practical Shooting Insights for more on Instagram or Facebook @practical.shooting.insights

Kim Williams, Bruce Gary, Mike Foley, Phil Strader

PHILIP BURI, under the penalty of perjury under the laws of the State of
Washington, declares:
1. I am counsel for Defendant United States Practical Shooting Association, am
competent to make this Declaration, and testify based on my personal
knowledge.
2. Attached to this Declaration as Exhibit A is a true and correct copy an email
containing the 07/03/2012 announcement of retirement of Executive Dave
Thomas and call for applicants.
Declaration of Philip Burl In Support of Motion for
Summary Judgment -- 1
llurli:..n.tOftMun,fonl, Pl.LC
1601 I= Street
Bellingham, W•shlngton 98225
P J60.752.1500 I F 360,752.1502

3/23/2018
3. Attached to this Declaration as Exhibit B is a true and correct copy of the July
22, 2014 email from Kimberly Williams to President Phil Strader regarding
Area 6 Director Jay Corn.
4. Attached to this Declaration as Exhibit C is a true and correct copy of the
07/31/2014 Statement from Kimberly Williams to the Board regarding Area 6
Director Jay Corn.
5. Attached to this Declaration as Exhibit Dis a true and correct copy of the
Minutes from the 08/11/2014 Board Meeting.
6. Attached to this Declaration as Exhibit Eis a true and correct copy of the
08/27/2015 Confidential Memorandum sent to the Board from Julleen Snyder,
CPA.
7. Attached to this Declaration as Exhibit Fis a true and correct copy of
President Phil Strader's 10/20/2014 email to Detective Jonathan Weiss
regarding the investigation into potential embezzlement.
8. Attached to this Declaration as Exhibit G is a true and correct copy of an
undated birthday greeting and thank you note from Kimberly Williams to
Bruce Gary.
9. Attached to this Declaration as Exhibit His a true and correct copy of a July
16, 2015 Statement from Kimberly Williams to President Phil Strader
regarding actions of Bruce Gary.
10.Attached to this Declaration as Exhibit I is a true and correct copy of the
01/24-25/2015 Meeting Minutes
Declaration of Phlllp Burl In Support of Motion for
Summary Judgment - 2
a..ts:.-t-Mun,f.,.d,PUC
1601 F Stre•t
Bellingham, Wuhington 98225
P 360.752.1500 I F 360.752.l 502

"Bruce had, multiple times, requested that I come
down to Microsoft, his campus at Microsoft, and do
training and stuff with him. I didn't have the time to
devote to going down there, much less the inclination -- I
didn't feel as though he had the insight that he needed."

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Kim Williams v USPSA - 16-2-00504-0 33 (Declaration Affidavit).pdf

  1. 1. 2 3 4 5 6 7 8 9 10 11 12 13 23l 16-2-00504-0 DCLR 33 Declaration Affidavit 2806266 3/23/2018 IllIIIIIIIIII IIII IIIIIll1111111111111111 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SKAGIT Kimberley F. WILLIAMS, an unmarried NO. 16-2-00504-0 person, Plaintiff, vs. UNITED STATES PRACTICAL DECLARATION OF PHILIP BURI IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 14 SHOOTING ASSOCIATION/IPSC., INC. Note for Motion: May 3, 2018 at 9:30 a.m. 15 16 17 18 19 20 21 22 23 -.. i Q: c::s Defendant. PHILIP BURI, under the penalty of perjury under the laws of the State of Washington, declares: 1. I am counsel for Defendant United States Practical Shooting Association, am competent to make this Declaration, and testify based on my personal knowledge. 2. Attached to this Declaration as Exhibit A is a true and correct copy an email containing the 07/03/2012 announcement of retirement of Executive Dave Thomas and call for applicants. Declarationof PhilipBurl In Supportof Motionfor SummaryJudgment-- 1 llurli:..n.tOftMun,fonl, Pl.LC 1601 I=Street Bellingham, W•shlngton 98225 P J60.752.1500 I F 360,752.1502
  2. 2. 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 3/23/2018 3. Attached to this Declaration as Exhibit B is a true and correct copy of the July 22, 2014 email from Kimberly Williams to President Phil Strader regarding Area 6 Director Jay Corn. 4. Attached to this Declaration as Exhibit C is a true and correct copy of the 07/31/2014 Statement from Kimberly Williams to the Board regarding Area 6 Director Jay Corn. 5. Attached to this Declaration as Exhibit Dis a true and correct copy of the Minutes from the 08/11/2014 Board Meeting. 6. Attached to this Declaration as Exhibit Eis a true and correct copy of the 08/27/2015 Confidential Memorandum sent to the Board from Julleen Snyder, CPA. 7. Attached to this Declaration as Exhibit Fis a true and correct copy of President Phil Strader's 10/20/2014 email to Detective Jonathan Weiss regarding the investigation into potential embezzlement. 8. Attached to this Declaration as Exhibit G is a true and correct copy of an undated birthday greeting and thank you note from Kimberly Williams to Bruce Gary. 9. Attached to this Declaration as Exhibit His a true and correct copy of a July 16, 2015 Statement from Kimberly Williams to President Phil Strader regarding actions of Bruce Gary. 10.Attached to this Declaration as Exhibit I is a true and correct copy of the 01/24-25/2015 Meeting Minutes Declaration of Phlllp Burl In Support of Motion for Summary Judgment - 2 a..ts:.-t-Mun,f.,.d,PUC 1601 F Stre•t Bellingham, Wuhington 98225 P 360.752.1500 I F360.752.l 502
  3. 3. 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 3/23/2018 11.Attached to this Declaration as Exhibit J is a true and correct copy of the 08/06/2014 email from Kimberly Williams to President Phil Strader regarding Jay Corn and various members. 12.Attached to this Declaration as Exhibit K is a true and correct copy of an email dated 06/05/2015 from Kimberly Williams to Troy McManus. 13.Attached to this Declaration/ as Exhibit L is a true and correct copy of an undated online facebook conversation between Kimberly Williams and Bruce Gary. 14.Attached to this Declaration as Exhibit Mis a true and correct copy of pages 14-16 from Kimberly Williams' 06/27/2016 Answers to Defendant's First Set of Interrogatories and Requests for Production to Plaintiff. 15.Attached to this Declaration as Exhibit N isa true and correct copy of the Confidential Memorandum dated 05/06/2011 regarding the Scott Moore matter. 16.Attached to this Declaration as Exhibit O is a true and correct copy of the January 25, 2016 email from Mike Foley to Kimberly Williams regarding salary adjustments. 17.Attached to this Declaration as Exhibit P is a true and correct copy of the 01/24/2106 Email from Kimberly Williams to the Board regarding her compensation. 18.Attached to this Declaration as Exhibit Q is a true and correct copy of the 02/17/2016 email from Kimberly Williams to Troy McManus. Declarationof PhlllpBuri In Supportof Motionfor SummaryJudgment-- 3 ..,,_....,_,.,.,_ PLLC 1601 f. StrNt S.IU,,.t,.m, WHhw,gton~225 P 360.?52.1500 l F 360,752.1501
  4. 4. 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 3/23/2018 19.Attached to this Declaration as Exhibit Risa true and correct copy of the 02/09/2016 Kimberly Williams letter to President Foley regarding IRS regulations. 20.Attached to this Declaration as Exhibit Sis a true and correct copy of the 02/11/2016 Response letter to Kimberly Williams with instructions to proceed with payroll. 21.Attached to this Declaration as Exhibit Tis a true and correct copy of the 02/22/2016 Intention to Terminate Letter. 22.Attached to this Declaration as Exhibit U is a true and correct copy of the 02/29/2016 submission from Kimberly Williams regarding her pending termination. 23.Attached to this Declaration as Exhibit Vis a true and correct copy of the transcription of the 02/29/2016 phone meeting regarding termination. 24.Attached to this Declaration as Exhibit Wis a true and correct copy of the 02/01/2016 email from Kimberly Williams to President Foley regarding unwillingness to assist a returning member to the organization. 25.Attached to this Declaration as Exhibit Xis a true and correct copy of the Amended Minutes from the 01/23-24/2016 Board Meeting. 26.Attached to this Declaration as Exhibit Y is a true and correct copy of page 11 of Kimberly Williams' Answers to Defendant's First Set of Interrogatories and Requests for Production to Plaintiff. 27.Attached to this Declaration as Exhibit Z is a true and correct copy of pages 1-8 of the Deposition of Kimberly Williams taken on November 3, 2016. Declaration of Philip Buri In Support of Motion for Summary Judgment - 4 lu,tl:,iMt~PI.LC 1601 F Street 6eltioghem, WNhiogton 98215 P360.752.1500 I F 360..752.1502
  5. 5. 1 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 3/23/2018 28.Attached to this Declaration as Exhibit AA is a true and correct copy of pages 37-48 of the Deposition of Kimberly Williams taken on November 3, 2016. 29.Attached to this Declaration as Exhibit BB is a true and correct copy of pages 1-8 of the Deposition of Kimberly Williams taken on January 21, 2017. 30.Attached to this Declaration as Exhibit CC is a true and correct copy of pages 18-56 of the Deposition of Kimberly Williams taken on June 21, 2017. 31.Attached to this Declaration as Exhibit DD is a true and correct copy of pages 91-101 of the Deposition of Kimberly Williams dated June 21, 2017. 32.Attached to this Declaration as Exhibit EE is a true and correct copy of pages 132-152 of the Deposition of Kimberly Williams taken June 21, 2017. 33.Attached to this Declaration as Exhibit FF is a true and correct copy of pages 154-158 of the Deposition of Kimberly Williams taken June 21, 2017. 34.Attached to this Declaration as Exhibit GG is a true and correct copy of pages 26-49 of the 08/31'J17 Deposition of Marlene Sexton DATEDTHIS~dayofMarch, 2018. ~/ Philip Buri Declaration of Philip Burl In Support of Motion for Summary Judgment - 5 lwli:..n.t..,Mun,fonl, PLLC 1601 FStrHt Bellingham,Weshington9&225 P360.752.1500 I F360.752.1502
  6. 6. 3/23/2018 :fXHIBtl~ . . . KarenFunston From: Sent: To: Cc: Bruce <al@bgary.com> Wednesday, September 14, 2016 11:14 AM Karen Funston; president@uspsa.org; DFO@USPSA.org Heidi Main; al@bgary.com Subject: EDannouncement The PDFwon't open on my computer, not sure why. Here's the text of the announcement, published on the USPSAwebpage7/3/2012: Dear Friends, On May 30111 I announced my retirement as USPSA Executive Director to the board of directors; said retirement to be effective at the close of business, December 31, 2012. It has been my distinct privilege and honor to have served this association for the past nearly 17 years. I thank you all for your support and good wishes. The board of directors has issued a call for applicants to serve as the next executive director. A simplified description of the duties of the position is: • The executive director shall be the chief operating officer of the corporation and shall have general and active supervision over the property, business, day-to-day operations and affairs of the corporation, and oversee production of the corporate newsletter at the national office. • The executive director shall be knowledgeable of practical shooting, shall be selected by the board of directors and may be removed at any time, with or wi1houtcause, only by the board of directors. • See Article 7.5 of the bylaws (http://www.uspsa.org/uspsa-bylaws.php) for the full job description. Aside from the job description the following conditions apply: • The executive director is expected to work primarily from the USPSA Headquarters office which will require that he or she to maintain residence in Northwest Washington within reasonable.commute distance from the office at 872 North Hill Blvd, Burlington, WA 98233. • To serve, the executive director must be a life member of USPSA and a member of SCSA Note that membership requirements may be met after being hired but before beginning service. • Minimum starting salary is $75,000/year with performance based increases likely. The starting salary may be adjusted to a higher amount based on an applicant's qualifications. 1 OEF000019
  7. 7. 3/23/2018 • Major medical insurance supplemented with a company-funded Health Savings Account (HSA). • Matching deposits to retirement account (SIMPLE IRA) The above is not represented as a complete list of requirements or benefits. To apply, please submit a written resume via email (dave@uspsa.org), US mail or other carrier (USPSA, Attention: Dave Thomas, 872 North Hill Blvd, Burlington, WA 98233), or FAX (360- 855-0380). Applications will be consideredonly if submitted by the Principal applicant We will not accept or consider applicationssubmitted by or through agencies. For additional information, contact me at dave@uspsa.org or by telephone at (360) 855-2245 (office) or (360) 708-6828 (mobile). Equal Opportunity Equal opportunity is USPSA policy. USPSA will not tolerate discriminatory behavior against an applicant for employment because of race, creed, color, religion, sex, national origin, ancestry, age, or other physical or mental disability. No employee of USPSA will discriminate against any applicant because of the person's veteran status. This policy applies to all employment practices and personnel actions including advertising, recruitment, testing, screening, hiring, selection for training, upgrading, transfer, demotion, layoff, termination, rates of pay, and other forms of compensation or overtime oetoooo20
  8. 8. 3/23/2018 :£XHIB1T~ Kimberly Williams From: Sent: To: Subject: Hey Phil, KimWilliams <kim@uspsa.org> Tuesday,July22,20149:14AM President Area6 I wanted to give you a few more extended details regarding my post on the board forum. I didn't want to share all these details with the entire board, for obvious reasons. I spoke with an attorney friend who recommended that I engage an attorney for hire based on this business with Jay. Both my friend and the attorney she referred me to feel I have a very strong case against the organization, on apparently a number of fronts, should I choose to go that route. Obviously, I love this organization. It literally saved my lifewhen I left the bad situation I was in with my ex husband and it has supported me and my boys for fifteen years. I don't want to sue. But I would go that route if that's what it took to save it. Because Jay has to go. And as a board member, posting the things he's posting in officialUSPSAforums, as an officialrepresentative of USPSAand because no other board member is speaking up or demanding his removal or the removal of the objectionable and false content-- I would file the suit against the organization, as well as a personal suit against Mr. John Corn. We can't threaten to kick Carrie out for alleged stalking and threatening behavior and let a person with obvious mental health issues, who is doing the very same thing to your Executive Director, lead our organization. His actions have not been concealed in any way and yet it's allowed to continue. His inability to see and recognize reality is frightening. The fact that he holds onto this fire for perceived slights, months and months after the fact isn't healthy. He goes to extraordinary lengths to discredit me and undermine me in public. He has lied repeatedly about me and misrepresented my actions to the membership. He has released and discussed personal details about me and he has started rumors in public forums regarding my sexual activity. He's incited members against me and engaged in very threatening behavior on a number of different fronts. I have not once gone to any of those places and defended myself, despite the complete lack of honesty and accuracy in literally every statement he makes. I am being asked to sit blindfolded and gagged in a chair while someone maliciously, and without apparent repercussions, beats my reputation and livelihood to a literal bloody death in multiple public forums and it is NOTokay with me anymore. I don't feel comfortable continuing to work with him and I would like to request official action, again, on my behalf. I made an earlier request in writing some time back that went completely ignored. So, this is my second officialrequest for assistance. Should this second request and the request made yesterday to the entire board go unanswered, or should the answer prove to be ineffective, I will have no further choice but to start legal proceedings. I really, really don't want to do that, but as I said, I absolutely will make it my next step if I have to. If he isn't stopped, he will bring this organization down completely. I am not alone in that assessment and it's honestly only a matter of time. Beyond the concerns of the organization, I have to worry about my own, personal concerns as well. He threatens my livelihood on a weeklybasis. The stress is killing me and causing health issues. Mykids and parents are on Facebook and they can easily read the vile things that he has written or incited to
  9. 9. 3/23/2018 be written about me there. I am anxious all the time, worrying what lie he's going to tell next or what he's going to do to try to "get me" next. Chris Taylor said the first time he talked back to Jay Corn in a forum, he got an instant PM from Jay informing him that, "Twocan play this game" and that was it. Yousaw what he did to Chris. He destroyed him over the course of a week, Phil. Chris still hasn't come around from it. I'm having to drag work out of him now. Allhis fire is gone and he's just not as into it as he once was. How many more casualties willyou all allow Mr. Corn? I will allow no more. He's obviously not stable and frankly, I'm scared of him and what he will do if I have to interact with him in person and I expect the full cooperation of this board to deal with his removal so that I can continue to do myjob and support the organization in a safe environment. I look forward to your cooperation and response. Thanks for your time. KimWilliams USPSAExecutive Director kim@uspsa.org Voice: 360.855.2245 Fax: 360.855.0380 www.uspsa.org 2
  10. 10. Statement Kim Williams 7/31/14 Gentlemen, 3/23/2018 :EXHIBIT..L,L I have compiled a folder full of files regarding the situation with Mr. Corn. It is not complete, but it's the best I could do with the time I had available. I would like to urge you all, please review this material and do the right thing for the organization. I am not going to argue that I am 100% the best person for this job, or that I haven't made any mistakes. There are likely others with more big business experience and abetter handling on some of this stuff. But you won't find anyone who loves the organization as much and has as much experience with the way HQ functions or is more dedicated to seeing USPSA thrive and grow. Where we are right now is not a result of my actions and behaviors. I will admit that I have made mistakes and am far from perfect, but I am still learning and willing to learn for my own benefit and the benefit of the organization as a whole. Despite Mr. Com's insistence in several places that I was doing Dave's job for himbefore he left, that is only partially true. While I took over many of bis duties prior to his departure, most of what I managed was stuff like ordering the trophies and plaques for him and other "busy work" that allowed him to devote all his limited available time to the administrative duties, for which, I had zero authority or interaction. Frankly, I find it full on disgusting that he would bring Dave into this at all. This is only my second year into ajob that I received very little training for due to his deteriorated condition over the last couple years and I would expect to still be learning at this point. That is not an excuse, that's a simple fact. Despite that lack of training, we ended my first year in the healthy black with very few issues. I believe my first year speaks for itself. This year, it's a different story altogether and the only thing that has changed is the presence of Mr. Com on the BOD. I don't have the time to go through every single charge and allegation he's made, but I would like to at least address a few. I'll let his postings and behavior then stand on their own. I did not, at any time, lie to the board of directors regarding my contact with the attorney or her response to said contact regarding the Conflict oflnterest raised by Mr. Corn when he joined the board. When I said I consulted with the attorney, I did. When I said she said there would be no issue, she did. The fact is, she later said an argument could be made for a conflict, which is not the same thing as, there's a definite conflict. lt was a reversal of an earlier decision, I did not lie about the initial decision. Please see herein, the email correspondence between us as well as a letter from Karen Funston clarifying that we did have multiple discussions regarding the COi issue. Also included is a draft of a letter regarding the COi issue Phil had asked me to have her compose, as well as the email thread between Phil, Myself and Ms. Funston discussing said draft. We didn't end up using the draft because by then Phil, myself and Troy were removed
  11. 11. 3/23/2018 from contact with the attorney about the situation. All of this is easily proven and I've all the documentation required to back it up. Why Mr. Com believes that none of us will speak out against his lies is beyond me. Ms. Funston reports that she was asked a very specific question and she answered it, and while the answer Mr. Corn is publishing all over the place is accurate, he's using the wrong question, claiming I "never" spoke with her at all. She was asked if I had any consultations with her in August or September of last year and she replied that she did not have any record of it. There is no reason for me to have had contact with her during those months as the issue of COi was not raised until Mr. Com's involvement in January when he took office. I initially broached this subject with her at the beginning of January of 2013. After she, the CPA and the president signed off on it, there was no further need to discuss it with her until Mr. Com's appointment to the board in January of 2014. I did not "hide" anything in the budget to try to "slip" Troy and Denielle in the door. He did not "discover" any of this accidentally and then call attention to the scandal I tried to slip through. I made a simple copy and paste error and then immediately fixed it and uploaded a new copy when it was pointed out to me. There was no hiding or refusing to tum over contracts. I was not asked for contracts until May of this year, which I then provided, even though they weren't really contracts. I was not asked to turn these over "multiple times" by anyone, let alone the entire board. Again, I didn't need to get the "contracts'' approved by the board because they aren't contracts. They are the same employee agreements every employee signs and I don't send the board copies of those either. There's nothing in them worth seeing as they aren't contracts. Denielle and Troy weren't "awarded" lucrative contracts. They were hired as low-wage employees on a contract basis - there is a distinction that I don't think Mr. Com fully understands. Being an employee on a contractual basis simply means they must pay their own payroll taxes as they meet the criteria of the 20 point check list provided by the IRS to qualify them for "contractual" rather than "regular, full time" employee status. This was not an attempt to hide anything, it was set up that way after consulting with the CPA who shared with me the checklist and we went through it together. This was BEFORE hiring them. I did my homework, and I did it out in the open in advance of any action and his claims to the contrary are unfounded and baseless and having to defend myself against the countless allegations related to this issue that never should have been an issue has created a real distraction as well as a hostile work environment, preventing me from doing the job I was hired to do. Ditto with all his claims that I have no authority to sign tax returns or that I have altered or hidden infonnation in tax returns. I'm not sure Mr. Com appreciated the seriousness of the allegations he has made against me in such a public and lasting forum as the internet. I have also included email correspondence between myself and Karen Funston regarding access to the attorney for individual board members. Mr. Corn is asserting that she has stated that denial of access to her should never have happened. Mr. Corn has now taken to issuing lies and inaccuracies in the name of our attorney as well, as there is clear email evidence to indicate the contrary. In the email you will see that Ms. Funston clearly states her position on the subject of individual board interaction. This was not a denial issued by me, it was only enforced by me, as is my responsibility. When Mr. Com was asked by Mr. Bold the nature of his desired contact with the attorney, Mr. Com declined to answer. That should speak volumes.
  12. 12. 3/23/2018 As to his allegations that I am preventing areas from receiving funds for Juniors and NROI seminars, this is again, simply not true. He sent me his initial email inquiry into helping fund an NROI seminar on Saturday night. By Sunday night he was posting online that I was refusing to answer his email. I answered him Monday morning, but this does not further Mr. Corn's agenda. I have tried to be responsive to all board members regarding needs like funds for these things and to imply otherwise is simply not true. My book keeping is subjected to an annual independent audit. We passed the audit this year with no violations and no infractions. Mr. Corn can continue to further distribute the altered and/or fabricated emails from a former disgruntled employee accusing me, among other thin~, of credit card fraud, but he has no basis for such a claim and he is guilty of slander and defamation, distributing personal and private correspondence not intended for say, Charles Bond, to post on Facebook. I don't even have the time required to go and screenshot that entire conversation so I'm getting it directly from Facebook for the suit. That whole thread is disgusting and should not be allowed to continue. This situation is having a very negative impact on many different fronts. We've got division among the membership, we're not able to move the organization forward, it's damaging our/my reputation and image and it's impacting the headquarters staff as well. I had to have a very long meeting with them recently because they are in a panic at all the stuff coming at them. There are members who are calling the office to fish for information to take back to the forums. They're trying to "trip them up" and flustering them. They're being trolled by phone because they are a captive audience from 9 -5 and must sit there and answer those phones and be polite about it, too. These trolls are then dropping names of staff members in these posts on forums and on Facebook and the staffers are reading it and are unable to respond and defen9 themselves against the lies. A member in Area 6, Jim McBurnett, called the office and tried to dig info out of Taylor who wasn't biting, so he yelled at her and told her "this whole staff and half the board would be gone by the end of the year." Then they go online and read talk about moving the office due to the obvious corruption and incompetence running rampant here. This is not for the good of the organization. It brought us to a standstill completely for more than two hours while I tried to reassure them in a staff meeting. I thought I was going to have to send Staci home because she was having a panic attack. She wouldn't sit down and had to keep walking around the conference room table, wringing her hands. That's not right, you guys! She had a stroke last year, her husband is self-employed, they can't afford for her to lose her job. I get that she isn't going to, but she doesn't and that's a problem. They see that stuff on Facebook. They're required to visit our social media to stay informed and then they see "HQ sucks at this and HQ is evil that" and "Let's move the offices to XXX" it is, of course, going to impact staff morale. These are good people who have worked for this company faithfully for literally decades. They don't deserve to be drug down in this lunacy. As I said, I simply don't have the time to address every single inaccuracy and flat out lie he has either put out there or incited to be said. I think the nature of his agenda should be very clear after reading through all the material I've included here. I have included a number of screenshots from other members of their interactions with Mr. Corn. I ask that you please respect their privacy so they are not drug into this mess, either. Other screenshots show how his actions are affecting me and my performance as well as the organization as a whole. There are sponsor reps on there (Hopkins, CZ) asking the board what they are going to do about their corrupt Executive Director. That obviously will make my job much more difficult going forward. Others go to
  13. 13. 3/23/2018 show how misogynistic Mr. Corn is, repeatedly telling me, in effect, to sit down and shut up and learn my place. Gentlemen, my place is to advise you and that is what I have been doing. Mr. Com has repeatedly made comments that demonstrate that he is hostile and vindictive at the very least and at the worst, I'm afraid he might be a little unstable. I believe he has an issue with women in what he perceives as positions of power and has demonstrated this with his interactions with Linda Chico, myself, Denielle, Tricia and now Karen Funston. I would like to let you all know that I will be pursuing a personal suit against Mr.Com, regardless of the outcome of your decision. Board members are not protected by the insurance carried by the organization if they fail to uphold their duties. This is the case with Mr. Com and I am not inclined to allow him to continue to bash the reputation I spent 15 years building. I have been here for 15 years and I have been well-liked for all 15. You would be hard-pressed to go through all those forums and Facebook pages and find any criticism of me or my performance at all, apart from an occasional "she didn't answer my email" or something minor like that prior to Mr. Com's appointment to the board. I have risen through the ranks in the office and earned steady pay raises and positive performance evaluations. I was given an endorsement by my predecessor as well as letters and offers of letters ofrecommendations by many others. Yes, I'm a single mother with two kids in coJlege. But my gender should not impact the treatment I receive, as I feel it has. My track record should be the only criteria. I ended us in the healthy black last year and made major improvements to the magazine. The junior camp was a huge success and we've improved social media communications and membership engagement greatly. Just imagine what we could do if I could do my job in a less hostile, more supportive environment. Instead, tonight I received a helpful message from a member that there is a forum post going around that I got my job by "sucking off each AD, one by one, except for ChucK' - so you can imagine how I'm feeling about the support of the board at this moment. It's making it difficult to even want to come to work at all, in all honesty. We have so much that needs our attention and this childish nonsense is not it. It is my desire that we all work together as a cohesive unit for the betterment of the organization, rather than enemies out to get one another. Do we need work? Absolutely. There are improvements that I most definitely need to make on a personal level and there is a staggering amount of work to be done by the org to get us up to snuff. But none of this can be accomplished unless we're provided a safe, supportive environment in which to work. That is my one and only agenda item. I am not here to get rich or rob the company blind. I drive a Hyundai Santa Fe, for pity sake. In contrast, I would like to point out that Mr. Corn has a pretty big conflict of his own with his company, but no one has mentioned it yet. Furthermore, he has been on the board a long seven months and has already received a reprimand (also included herein) and now this. I think probably the difference there is fairly stark and hard to argue. One more thing I'd like to point out. This was stressed to me time and again in my visits with three different attorneys before finally signing on with one: The president speaks for the board, the ED speaks for the org. This is regular board practice and a pa.rtof the tenet of participation in a board. None of the postings by any of the area directors or the president should have happened in social media or on forums and I believe you all know that, despite protests to the contrary. I don't say this as a threat, gentlemen, I love this organization dearly and the last thing I want to
  14. 14. 3/23/2018 do is sue it. But those postings put us in a very precarious legal predicament and cannot continue. We must develop a communications policy wherein these issues are addressed and adhered to. As we've learned from this incident, organizational missteps that might once have been easily and quietly managed can get magnified into crises on social media if we're not careful and being careful is what we're supposed to be here for. I have begun collecting literature and documentation of these issues to begin the basis of a policy surrounding the governance of board members and social media. I'm not interested in censoring anyone, I just want to be sure the organization is protected above all else. I would encourage you all to do a little research on your own regarding this issue as the personal liability to you for failing to understand the way it works can be, according to the attorneys I've spoken with and our CPA, staggering. Again, this type of liability is not covered by our insurance. This means that Area Directors can be required to pay funds out of their own pockets should it be discovered that they participated in appropriate communications regarding board business. As it was explained to me, "Unless you have a law degree, do you really want to take the chance that what you're posting won't come back to haunt you or the organization?" This is why it is so very important that board members realize that while it is a volunteer position, it still very much comes with a liability and a duty to uphold. Finally, I would like to point out that Mr. Corn's latest plan of attack is to point out how little we've accomplished. I would like to rebut with the simple observation that it would certainly be a lot easier to accomplish our goals if we were not under constant attack from the main complainant that we're not accomplishing anything. We're chasing our tails here and it's embarrassing to the organization and definitely halting progress. This is not personal. I am a big girl and can handle criticism thrown my way and will reiterate that I have a lot to learn and am imperfect. Particularly criticism when it is deserved. This is simply business. I thank you for your time, gentlemen, and I have the utmost faith in you to do the right thing. If I can answer any questions, please do let me know. I am anxious to put this behind us and begin the process of moving the organization forward again. Kim Williams Executive Director, USPSA
  15. 15. 3/23/2018 -EXHIB1TD Agenda USPSA Phone-in BOD Meeting Aug 11, 2014
  16. 16. 3/23/2018 In attendance: Phil Strader 8/11/14 Chuck Anderson Chris Endersby Sherwyn Greenfield Troy McManus Kyle Farris Jay Com Dave Bold Steve Thomas Kim Williams Meeting called to order at: 2104 Approval of Agenda Motion: To approve current agenda President Area 1 Director Area 2 Director Area 3 Director Area 4 Director Area 5 Director Area 6 Director Area 7 Director Area 8 Director Executive Director Moved: A1 Seconded: A8 PASSED Motion: To amend agenda Moved: A1 Seconded: A5 PASSED Amend the agenda by adding the following items: - Discussion of DNROI start date and salary Motion: Approve amended agenda Moved: A5 Seconded: A2 PASSED
  17. 17. 3/23/2018 Discussion of DNROI start date and salary Motion: DNROI Start date of Sept 2nd , 2014 Moved: A5 Seconded: A2 PASSED ED & A4 left meeting for discussion of DNROI salary Motion to BOD to go into Executive Session: Moved: A1 Seconded: A5 PASSED @ 2125 Motion to exit Exec. Session: Moved: Al Seconded: Pres PASSED @2128 DNROI salary will be disclosed in the 2014 budget, as it has been a standing policy to not disclose USPSA salary decisions in the meeting minutes. Discussion of Officer Communications USPSA will draft an employee manual and AD handbook that will better address communications, confidentiality and conflict policy. This will better serve current and new incoming BOD members and officers of USPSA to improve relations among leadership, staff, and membership. An update will be provided at the next in-person meeting. - 2150 - Bylaw 10.5 review at next in-person meeting.
  18. 18. 3/23/2018 (in order for Bylaws to be reviewed and/or changed, it must be noted in the prior meeting's minutes) Update from Dave Bold on USPSA Attorney 2157hrs -The President, Area 4 Director and Executive Director exited the meeting, as the remaining members of the meeting discussed issues regarding Conflicts of Interest (COi). - AD7 (having previously been appointed as contact person) gave an update on the latest email with the USPSA Attorney. - There was discussion on who else had spoken with the USPSA Attorney and questions as to why. Specifically had the President and/or Executive Director contacted the USPSA Attorney on this issue of COi. It had been previously established that the USPSA Attorney represents USPSA, through the whole of the Board of Directors. - Roundtable discussion on COi. - Roundtable discussion on contracts. - Specific discussion on AD4 and COi. Preamble to motion, as compiled by AD5 from discussions of the break-out (COi) group, and approved by majority of said group: It has been established that the USPSA bylaws in place allow an Area Director to hold a paid position within
  19. 19. 3/23/2018 USPSA. It has been established, through conversations with the USPSA Attorney, that the position of Club Liaison, held by AD4, does represent a COi under certain circumstances. Those circumstances are specific and with regards to the Executive Director, who employees the Club Liaison. It has been reported that AD4 believed he was operating in good faith and was not aware that a COi existed. He did not enjoy the hindsight of having spoken with the USPSA Attorney on the subject. AD4 did participate in performance review, salary discussions and votes regarding the ED in the December 2013 in-person Board meeting. The COi break-out group reviewed and discussed the action of AD4. It was found that he did not exhibit bias, nor materially influence discussion regarding the ED' s performance review. AD4' s vote was immaterial to the outcome of the performance review of the ED. Motion: The By-Laws section on Conflict of Interest do not preclude a BOD member doing contract work for the organization. In fact the By-Laws even imply it is allowed. To manage the conflict in a transparent manner the following actions will apply: 1) Troy reports on his Conflict of Interest form that he serves as a Director, but is also a contractor as 'Club Liaison' in a paid position reporting to the Executive Director. 2) During Board meetings when discussions and/or votes of performance evaluation and/or salary adjustment of the ED, that Troy recuse himself from the discussion and subsequent vote (and it be noted in the meeting minutes).
  20. 20. 3/23/2018 3) During Board meetings, Troy recuse himself from discussions and subsequent vote on the portion of the budget that covers his contract (and it be noted in the meeting minutes). This requires the ED to segment this in the budget as a specific line item, such that Troy can (and should) participate in the remaining budget review and vote (minus his contract item). 4) Record abstentions/recusals in the minutes of the meeting. Moved: A7 Seconded: A2 PASSED - non opposed President's COi - Roundtable discussion on Presidents COi - Specific discussion regarding the December 2013 meeting, where the Board had voted on the Performance Review of the ED on Saturday, and on Sunday, the President brought that issue back to the table. The President provided further input and the Board reconsidered and a new motion and vote followed. (AD5 note: the President was not present in the meeting on Saturday morning, where the Board first considered the subject.) Motion: The By-Laws section on Conflict of Interest do not preclude a BOD member doing contract work for the organization. In fact the By-Laws even imply it is allowed.
  21. 21. 3/23/2018 To manage the conflict in a transparent manner the following actions will apply: 1) Phil reports on his Conflict of Interest form that he serves as President (paid position) and his wife Denielle is also a paid contractor of the organization (and his Remington relationship). 2) Since the position of ED does have responsibilities and works in conjunction with the President in several areas as stipulated in our By-Laws, Phil will be involved in the discussions about the ED's performance, answer questions the BOD may have, and then recuse himself the remaining discussions and subsequent vote (and be noted in the meeting minutes). 3) During Board meetings, recuse himself from discussions and subsequent vote on the portion of the budget that covers Denielle's contract (and it be noted in the meeting minutes). This requires the ED to segment this in the budget as a specific line item, such that Phil can (and should) participate in the remaining budget review and vote (minus Denielle's contract). 4) Record abstentions/recusals in the minutes of the meeting. Moved: Al Seconded: A8 PASSED-none opposed 1053hrs - The following was read into the meeting by AD5 as a proposed motion. AD3 suggested it be tabled, and included in the meeting once the COi break-out meeting concluded and the other members re-joined the meeting. AD5 agreed that was a good idea. However, the meeting progressed without it being proposed again.
  22. 22. 3/23/2018 Conflict of Interests may not be limited to the previously mentioned items. All Board members should take special care to avoid COi's, and avoid discussing items and/or voting on issues that may contain a Conflict of Interest 1122hrs - President rejoins meeting 1127hrs - AD4 rejoins meeting 1128hrs - ED rejoins meeting END of break-out meeting minutes. Discussion of USPSA Leadership Motion to Exec Session: 2342 Moved: Al Seconded: A6 PASSED *Following portion of Executive Session released in public minutes per BOD* Motion: To remove EDfrom herposition Moved: Al Seconded: A6 NOT PASSED Roll Call requestedAl Al -Yes A2-No A3-No A4-Abstain A5 -Abstain A6- Yes A7-No AB-No Pres -Abstain
  23. 23. 3/23/2018 Area 1 resignation effective immediately Area 6 resignation effective immediately Motion exit Exec Session: 0021 Moved: A2 Seconded: A7 PASSED Motion to Adjourn Moved: A4 Seconded: A8 PASSED
  24. 24. . . . 3/23E18 --EXHIBIT ____ , Confidential Memorandum To: US_PSA Audit Committee From: Julleen Snyder, Audit Partner, Jacobson Jarvis Date: August 27, 201S Re: 2014 Credit Card Charge Review Dueto concernsoverthetimefiiless of thesubmission of creditcard chargereceiptsduringtheyear that resultedin a largebalancein thesuspenseaccountfor muchof theyear,JacobsonJarvisreviewedthecredit cardstatementsandattachedreceiptsfortheUSPSAAmericanexpresscardaccountfromJanuary2014 throughDecember2014.The followingsummarizes our findings. 1. Totalchargesincludedinperiodreviewedwere$230,644. 2. Of thetotalcharges,$45,204(20%)Jackedsupportingdocumentation. Thisincludes$6,309in December2014.The December2014originalstatementandsupportingreceiptscouldnotbe located duringthetimewe wereat the USPSAofficesperfoi:ming thereview.Theamountalso includes recurringchargesof$7,497paidto TotalServer-Solutions and$9,021paidto IPSCIPSC- Sporting goods. Noinvoiceswereprovidedby thesevendors. 3. Of theamountsthatweresupportedby receipts,the documentation oftenwasinadequateto meetthe IR,Srequired~ocumentation for an accountable reimbursement plan.Particularlyrelatedto 'meals andentertainment'type chargessuchas restaurants,thereceiptsalmostalwayslackedindicationof thebusi.ness purposeof theoccasionandthenamesof theindividuals in attendance. 4. Includedin thetotalchargeswere$2,029forwhichnoclearbusinesspurposecouldbe determined by JacobsonJarvis. Wehaveprovideda listingof theseamountsand, whereavailable,copiesof the receiptsto the ExecutiveDirectorfor furtherclarification.The ExecutiveDirectorprovidedvalid businesspurposefor$1,049of thesechargesand proofof contemporaneous personalreimbursement to USPSAfor $933.Ofthei:emainingamount,$14 is pendingvendorcreditand$33wasa personal expensethatwasinitiallyoverlookedand willbe reimbursedby theExecutiveDirector. We furtherreviewedJanuary2015- March2015chargestotaling$13,000on theWellsFargoVISA account.Althoughthis accou·nt wasnotgenerallythearea of initialconcern,we reviewedthesethreemonth to determineif therewasany indicationof systemicissues.Generallywe foundthereceiptsfor thesethree monthstobe presentandwellorganizedanddocumented.Wenotedonly$199(1.5%)of chargesall individually smallwithoutunderlyingdocumentation relalingprimarilyto parkingandairlinebaggagefees. Thisreportis imendedsolelyfortheinformationanduse of theBoardof Directorsandmanagement of UnitedStatesPracticalShootingAssociation and is notintendedto be andshouldnotbe usedby anyone otherthanthisspecifiedparty.Shouldyouhaveanyquestionor requireadditionalinformation,pleaseemail medirectlyatjulleen@jjco.com DEF 001210
  25. 25. JonathanWeiss From: Sent: To: Cc: Subject Det.Weiss, 3/23/2018 EXHIBIT F USPSA President<president@uspsa.org> Monday,October20,201412:22PM Jonathan Weiss areal;Area2; SherwynGreenfield; Art Brown;KyleFarris; ChrisPalmer; Area7; Steve Thomas EDInvestigation Thanksfor takingthe time to speakwith metoday. Sorryfor the delay,but I waswaitingfor a response from our attorney asto how to proceed. Aswe discussed, the USPSA BODwlll handleanyallegedfinancialimproprietiesinternally. Aswe discussed, we've recentlyhadsomeInternalIssues with someof our employees, andthey haveanagenda.We areconfidentthat this Is just anotherattempt to discreditKimandbringdown USPSA. Asusual,the BODandthe Audit Committeewill goover our annualexternalaudit. Wehavenodoubtthat there will benosurprisesor questionablecharges.Kim'sserviceto USPSA for the last20 yearshasbeenexemplary.Weareconfidentthat It will continueto bewith her asExecutive Director. Thanksfor your lawenforcementservice, Since rely, PhilStrader DEF000750
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  27. 27. Statements 2 messages 3/23/2018 Kimberley <kimberfae@gmail.com> Mon.Aug 17,2015 at 7:55PM To: JerryWestcott <Area2@uspsa.org>, SherwynGreenfield<Area3@uspsa.org>, Art Brown<Area4@uspsa.org>, Rick Steele<area5@uspsa.org>, ChrisPalmer<Area6@uspsa.org>, DavidBold<area7@uspsa.org>, SteveThomas <area8@uspsa.org>, Phil Strader<president@uspsa.org>, Troy McManus<mactiger@eatel.net> Gentlemen, I am sendingthis to youfrom my personalemailaccount,for legal reasons.Additionally,I haveleft BruceGaryout of this emailthread,as I haveno reasonableexpectationof confidentiality andeveryreasonto believeretributionand retaliationcouldpotentially follow. This is a personalemailto yougentlemenandyou gentlemenonly.I apologizein advancefor all the readingI'maboutto dumpon you,butthis is veryimportantand I needto be as detailed aspossible. The letter attachedto this emailwas supposedto be presentedto the boardduringthe in- .personboardmeeting,byUSPSAPresident,PhilStrader.It was submittedto him in advance,but as far as I know,it was not forwardedto the board. Whyhechosenot to do it, I can't say,but it wasn't reallyoptional. My attorneyand I spent a greatdealof time. at my expense,to craft it. I'massuminghethought it would betoo incendiary.I don'tknow,but incendiaryor not,the truth still needsto betold and I still needto legallyprotect myself from the ramifications of this decision.So,I'm sendingit to youdirectly as I haveto commit the statementto writing in orderfor it to be legallyeffective. Additionally.Iwould liketo addthe statementbelow: I was verysaddenedbythe eventsof the boardmeeting.I was deeplydisappointedin the way Brucebehavedandthe way he unfairly blindsidedme. A failure to communicate effectively is not a valid reasonto dothe thingsthat hedid in advanceof that board meeting.I havebeenunderintensescrutiny byvariousprofessionalsand havecome through all of it with no finding of wrong doingwhatsoever.If there wereissueswith my performance,that was notthe way to handleit. I believeBruce'sbehaviorat the meetingand overthe past couplemonths is appallingand unprofessionalat best. At worst, it's goingto bringserious issuesto the organizationthat wesimply cannot afford.
  28. 28. 3/23/2018 Bruceand Iwerefriends - verygoodfriends as he mentionedseveraltimes duringthe meeting.That is true. Butthat friendshiphasALWAYS dependedon me agreeingwith him,neversecondguessing him andfollowing everypieceof advicehe'severgiven,to the letter.Hetakes it personally otherwiseand I am "punished"for it. Therehas neverbeenroomfor disagreementwith him. Ican giveyou specific instancesoverthe yearswlhereI havehadissueswith him "blowing up"on me for not doing somethingas hethought lt shouldbe done.Heonce kickedme out of a golf cart,telling meto "Getthe fuck out" becauseIdisagreedwith him aboutsomething that happenedat registrationfor a match. This has beenthe precariousrelationshipI havehad with Bruceoverthe past fifteen years. Wedidn't worktogether too muchthe pastfew yearsbecausehetook astep backfrom the org after his first term on the boardandhe stoppeddoingstats for nationals- or even attendingnationalsveryoften.Ican't say I'm sorry aboutthat, as I alwayshada fearthat one daywe would disagreeabout somethingI wouldn't bewilling to back down on andit would all crumblewith him. I hadseenit happento other "friends"of his who disagreedwith him overthe years. And,so it hashappened. As someoneverywise and dearto merecentlysaid,"he'sreallymad he can't kick youout of the golf cart anymore.•However,this isn'tjust about me beingthrown out of the golf cart this time, it's aboutthe fact that his actions put the organization,and in fact, you all inperil. That's biggerthan temper tantrums on the rangeand I'mafraid I can't look the otherwayon that as I havea duty to protectthe organizationand Itake that dutyvery,veryseriously. I'msad aboutthis loss of friendshipas it was good whenit was good andtherewerejust as manytimes that Brucewas a wonderfulsourceof supportand guidance.Hehad myback manytimes andhelpedme a greatdealoverthe years.That's part of why this is so painful andshockingto me now. I'm not goingto lie aboutthat or presenta revisionist historythat saysotherwise:He DIDhelpandcareand support me as well throughthe years.My parents knowshim. Myboys do too. Wehaddinnersandsocial gatheringscompletelyseparate from work.This is hurtful andpainfulto be goingthrough. Unfortunately,he also hasa patternand historyof staging uprisingsagainstthose who opposehimor those who don'tagree,fit or conform to the ideologyas he seesit.
  29. 29. 3/23/2018 Hewas behindan attemptto haveformer DNROI, John Amidonremovedbyvoteof no confidence (similarlyblindsidinghim at a boardmeetingafter shoringup supportthrough a pre-meetingsmearcampaignthat was also completelyillegal andunethical)andvery nearly the first thing he did whentaking office this time was to ask afew of usto join his coup against PhilStrader. BruceISsmart. Heworks hardfor the org. But hehassomeseriousblind spotsthat cause terrible behavioron his part.WhileI canjust chooseto terminate ourfriendshipand,instead, maintain a diplomatic,professional-onlyrelationship,I can't lookthe otherwayif he is causingthe org potentialharm andthat is exactlywhat he is doing. Callingmy employees(RogerMaier)to tell themto be readyto changethe locks is one thing, but he also calledthe CFO(DanCote)to inform him that I would be fired and inquired if he would be willing to step in until a replacementcould befound. Whosaidhecould do that? I know he didn't getthe supportof the boardbecauseno one elsein the room knew about it when it was broughtup inthe meeting.However,he lied in his callsto Rogerandto Dan,telling them both hewas actingon the authorityof the whole board. Hedidn't mention this part duringthe board meeting,but he alsotold Rogerthat I claimed that Davehad "lost" all his policy manualsandhewanted Rogerto digthem all up for him to sendthem to him directly.He alsodidn't mentionduringthe meetingthat DanCotetold Bruceit would be a verybad ideato removeme,that I was doing "excellent"work,that the staff was well run anda good,cohesivegroupthat might "unravel"if the boardwereto removeme. Noneof the good stuff reportedaboutme was relayedto the board,to my knowledge. RogerMaierapproachedme shortly beforethe boardmeetingandsaid hewas very uncomfortablewith the position Brucewas putting him in andthat hesuspectedhewasn't being honest in his representationof boardauthority.Hestated that he didn't believeBruce aboutthe manualsandfelt it wasn't right to givehimwhat he was askingfor underfalse pretenses.This pastweek,Dantold me about his conversationswith Bruce.Brucehad placedtwo callsto him,onequite a while ago andonethe night beforethe board meeting. Duringboth calls he indicatedto Danthat Iwould beterminated,that the boardwas having a vote on it andthat they(the BOD)wanted him to step in to runthings until a replacement could be found. Hesaid he could not warn me aboutBruce'splansbecausehe works for the board,not the EDand it would havebeenunethical.I understandthat fully. However,he also saidthat he felt very uncomfortablewith the position Brucewas putting him in,hefelt that Brucewas not being 100%honestandthat it "felt like awitch hunt"instead. Bruceinitially called Dan's boss,Tom Broetje,who referredhim to Dan.Bothtimes Brucerepresentedhimself as acting on the authorityof the board.
  30. 30. 3/23/2018 That's anegregiousviolation of NPOboardconduct,but he continues,with impunity.It's a meansto anend. Healso contactedour attorney(KarenFunston)andCPA(JulleenSnyder of Jacobson,Jarvis andCo.),without authorityfrom anyother boardmember,underthe guiseof representingall the boardmembers--anotherunethicalviolation of his position. Literallyeveryprofessional I'vespokento on the subjecthassaidthat without the full backing,inwriting,of the board,he hadno authorityto do those things. Additionally,despite his activityonthe forums,"TheDoodieProject•Included,andon social media,hetook it uponhimselfto contact Jake Martensand ChrisTaylor,myclub program director andmarketingdirector,to objectto them postingon their own personalFacebook walls whotheywerevoting for inthe upcomingelection.Ithoughtwe had an agreement afterthe last board meetingthat interactionswith the staff wouldfollow the chainof command,but Bruceignoredthat agreementandtook it uponhimselfto attemptto slap their wrists anyway.Again,without boardapprovalor knowledge,againcompletelyunethical andwithout merit - particularlygiventhe hypocrisyof Brucepostingand sayingthe things he is sayingall overthe internetandbeyond. I know it's beenpointed out to youbefore,but pleaseseethe following: http://www.doodieproject.com/index.php?%2Ftopic%2F4018-a6-bod%2Fpage-2 I can't seehow Bruceparticipatinginthe DoodieForum,sharingemailand otherdetails betweenheand Phil and I,and disparaginghis fellow board membersis helpingthe org.A public critique of this boardandits membersis not helpingandit's not problem solving.I agreethat Brucedid some goodwhenhejoined the boardand no onewas happierthan I. However,this has,once again,gottenout of control. Heis basicallypicking up whereChuck AndersonandJay Cornleft off, and infact, continuesto feed Chuckinformation,as is obviousbythe fact that Chuckseemsto knoweverythingin advance.I'vebeenhearingfrom peopleleft and right that Bruceis telling tales out of school andhasbeenquite ...vocal. He hastakento the DoodieForumanddevelopedhis following there andthat is reallyputting us injeopardy.Seethe attachedscreenshots,takenjust tonight of his further activitieson those forums. Bruceis laboringunderthe impressionthat all the things he posts onlinearecopaceticas long as heprefacesthem with "Bruce'sopinion".Onthe thread I postedherehe saysat one point,"SinceIwrote this email,Idon'tthink there'sanyharm in sharingit here..." andthen goes onto reprintan email hesentto Philand I aboutfinancials.That is grossly inappropriateand I think he verywell knows it - but he can't stop. Orwon't, I honestlydon't know which.Thepoint is,he is STIRRING these peopleup! If you look at the things he is sayingandthe buttons he is pushing- it is our duty to protectthe org from this stuff. Priorto the meetingI know he met with someof youto discuss my performance,but in additionto youall,the CFO,the CPA,ChuckAndersonandour attorney- he alsocontacted our guests,the two candidatesfor president,(Mike Foleyand EmmanuelBragg)and informedthem about my imminentfiring aswell. I hopeI don'thaveto tell youhow inappropriateTHATwas.Thosearejust the peopleI can
  31. 31. 3/23/2018 confirm and haveproof that hetold. I don't knowwho else.I do knowthat sincethe meeting he hasapparentlybeentelling peoplethat the boardfailedto vote me out,eventhough it neverevencameto a vote. Belowis the text of a PMthat a membersent me. Brucehad a privateconversationwith this gentlemanon the DoodieProjectandthe gentlemansent it to me. Brucewas telling him,in greatdetail,aboutthe boardmeeting.This memberhada fake troll account,Brucedidn't evenknowwho hewastalkingto, but it didn't keephimfrom giving a lot of information that shouldneverbe shared,particularlythe passagebelow. FromBruce: "Thenthere'sthe fact that I *finally*thoughtweweregoingto removethe EDthat weekend. Won'tboreyou with all thedetails,but whenit cametime to put it on the record,6 of the 8 ADscouldn'tfind theirballs,despitethe fact thatthey'dbeenrattling their sabersandtrying to out-fierceeachotheraboutit for weeks." Thisjust isn't okay,guys.Ican't work like this. It so completelyunderminesthis position (andyours)and endangersthe organizationthat it makesme sick to my stomach. Theseethingrage,petty childishnessand hostility he displayedin the boardroomis the hiddensideof Bruce.It's unfortunate,but it's there.I haveturned the text messagesoverto my attorneyin which Brucethreatensme andsaysthat I "don'twantto makeanenemyof him"overthe KenNelson/SUPS thing. I considerthat athreat,as does my attorney.Athreat he hasbeenacting on eversince I challengedhim on this issueand refusedto backdown. Hehascreateda terribly hostilework environment,not onlyfor me,but for the entirestaff andboardas well. Additionally,Brucestatedthat if KenNelsonwereto takethe matter to court,hewould testify AGAINSTUSPSA.I am happyto sendthe screenshotsof those text threads,if you would like to seethem. Heclaims I calledthe boardcorrupt anddishonest.That is not true, I said Ifelt the decision was corrupt and dishonest,but I meant moreon Ken'spartand on Bruce'spart for helping him inthis dishonest andcorruptendeavor.However,I am a companygirl and I did asthe boardvoted andtried to moveon. He,unfortunately,hasnot.This is not personal.It has ALWAYSbeenabout protectingand servingthe org for me.I like plentyof peopleandI dislikemy fair shareas well. ButI know how to be a professionaland keepmy personal opinionto myself anddo myjob. Endof the story- that is what is requiredof me andthat is what I do. Ithink I'veproventhat overthe pasttwo plus years. Ido not hate BruceandI can assureyouthis is not retaliationon my part. I wanted desperatelyto put the eventsof the board meetingweekendbehindme andget a newstart onthings. Butthese issueskeepcropping up andpeoplekeepsending me links likethat one andIfind out from moreandmorepeoplethat I was to befired at the end of last monthand ....I don'tknowthat I canjust set all that aside andsay "it'sokay,today is a newday." Transparencyis needed,yes,I agree.But I havebeentold bythe CFO,CPA,andnowthree separateattorneysthat too muchtransparencyis deadlybecausethe averagemember
  32. 32. 3/23/2018 doesn't understand much of the information presented and it causes them to make up their own version of what it all means, despite any statements we might make to the contrary. Bruce participating in these forums and sharing thi.s information isn't transparency. It's violating countless rules of board conduct and endangering the organization in a very serious way - all under the guise of transparency and righting some imaginary wrongs that don't even exist except in the heads of Bruce and Chuck. Beyond that, he is quite often dishonest in his representations and picks and chooses when we should be transparent. Bruce contacting other board members outside of a board meeting is also inappropriate. There are very clear rules about board behavior and one of them is that board members, unless in an actual BODmeeting or committee meeting where the conversations are a matter of record, are not supposed to have long, extended conversations regarding org business. This prevents the building of coalitions and impropriety. For someone so concerned with transparency, Bruce has sure been doing .i..J.Qt of behind the scenes dealings. Bruce has given the board some very bad advice a few times now and while he is so concerned that Phil and I are going to run us in the ground, he is actua//y running us into the ground. Participating in that forum with Chuck, side by side, who should no longer be a member with the way he is behaving in that forum and elsewhere...this isn't helping us. This is killing us and it could potentially destroy the organization entirely if we don't do something about it. And it's not going to stop, guys, until we get some control over the BOD members who serve. The posts in this thread: http://www.doodieproject.com/index.php?%2Ftopic%2F4018-a6- bod%2Fpage-2 are the exact reason we need a policy on board communications and the exact reason he is so opposed to it. He then went on to prove why we need the very policy he's opposing by posting this stuff here and everywhere else. He has a following on the forums and they stroke his ego a great deal. That's a dangerous combination for someone like Bruce and it is rife for abuse. He is now worse than Jay Corn, and that is really saying something. His list of incitements never seems to end. Bruce is now claiming that we violated our own bylaws because we made it so people could request a replacement ballot. However, there is no provision in the bylaws denying replacement ballots either and nothing that would prevent us from being allowed to provide replacements. In fact, I've been told that if there is a way to get replacement ballots for members, we have an OBLIGATIONto allow it, as it is the member's vote and not we can just choose to provide or not. Bruce claims that because I allowed replacement ballots, we opened the door for a candidate to contest the election. Now, I wonder where a losing candidate might get THAT idea? He's posting about it now, all over Area 6. I thought he was the Area 1 Director, but there you have it. He goes where his audience is. That is my fear. He will keep going down this road until some real damage has been done that can't be undone. He has read his own press from the trolls online and he enjoys it too much to let it go, but saying you would testify against the org, violating so many of the board rules, giving bad advice under the guise of either being an expert or consulting with experts,
  33. 33. 3/23/2018 bullyingthe staff, flat out lies,insultinganddisparaginghis fellow boardmembers,sharing informationall overthe place.... thesearereallykilling us. His pushto getthe completefinancialspublishedis alsodangerous.I don't meanto be disrespectful,but most of our membershavea hardtime understandinghow a PINworks, arewe surewe want to turn over$2milworth of booksto themto interprethowthey see fit? I am not interestedin hidinganything- again,there'snothingto hideandif therewas,it would havecome out bynow for sure- butthere'sno reasonto giveout everyshredof informationandthis is the part wherethat transparencycan causemoreharmthan good. Too much informationgivento peoplewithoutthe abilityto fully comprehendit is a powder kegof problems,just waitingto cropup.This is notjust "Kim'sopinion"but basedoff of training andconsultationswith actualprofessionals.BruceISsmart,I believeit. Buthe is NOTa CPA,heis NOTa CFO.hedoesnot havea law degree.Heis givingbadadviceand whenit's nottaken,he is havingpublictempertantrums,taking to the forums to publicly bashthe opposition,inciting chaosandconflict -and thensits in boardmeetingsand claimsto bethe problemsolver. Bottom line,guys,is that I can'tcontinueto workthis wayandneithercanthe rest of the staff. I havedefendedmyselfsuccessfullyagainsteverycharge.I havebeenunderintensive scrutinyfor the majority of mytime inthis positionandno improprietyhas provenout yet. Becausethere is noneto befound.I continueto work damnhardfor the organization.I don't knowwhythis behavioronthe boardpersists,but it doesandit must be put in check. Otherwise,I needto moveon andpursuelegalaction andbedonewith it. It's not goodfor my health,it's not goodfor the org,it's not goodfor the staff. There'snothing goodabout what hasbeenhappeningandwe haveto put a stopto it in short orderor go our separate ways. I shouldn'thaveformer BoardMembersemailingmecondolencesregardingthe wayI'm beingtreatedbythe board.I can'tspeakfor the restof the staff andwhat they'll do. ButI hadto convinceoneof them notto quitjust last weekandI'm not surehow long I can keep pumpingthem back upto keeptrying,keepfighting anotherday.It is our true hopethat you gentlemenwill seethat the peoplewho truly keepthe organizationrunningarebeingunfairly abused,taking unfair blamefor decisionsthey haveno poweroverandfeel a tremendous lackof supportfrom their board- andsomethingmust befinally doneif we areto endure. I ammorethan willing to be a partof the solution andyoucancount me onto dothe work to helpget us wherewe needto be.Ijust needa little support andbetter structure if that's to happen.It is mysincerehopethat we cansolvesomeof these issuesand moveforward with supportingand promotingthe org in the mannerit deserves. Ithankyouverymuchfor yourtime andapologizefor the lengthyreading,but this is importantandhas to all bedocumented. Best, KimberlyWilliams 8/17/15
  34. 34. 3/23/2018 July16,2015 Statement to USPSAPresident Kim Williams, USPSAExecutive Director In September of 2014, I was approached, at my hotel, by an employee of Mr. Nelson's. He stated that Mr. Nelson sent him to my room to collect payment for supplies for the 2014 Handgun Nationals and he was not to leave without it. I looked over the receipts and gave him a check so that I could get to the Awards Ceremony. The check was for a little over two grand. Later, at the ceremony, I was approached by another employee of Mr. Nelson's. He gave me a binder of paperwork consisting of receipts, Invoicesand spreadsheets of expenditures. This totaled nearly $25,000 and he, too, was requesting a check. I Informed the employee (Mr. Bob Wolf) that I would be unable to pay those expenses onsite, without proper review. I then discussed the binder with RangeMaster, Troy McManus. I asked him if he would take a look through the receipts to determine the validity of the charges as he had been involved in all events conducted at SUPSin 2014 and would have a better, firsthand knowledge of the materials needed and used. He agreedto take a look and mentioned that Mr. Wolf had contacted him earlier that evening to ask his assistance in °pushing these charges" through. I tabled the discussionof the charges for our return to HQ so we could get through the award ceremony. Upon return to HQ, I was presented with more invoices and receipts, these directly from Mr. Nelson, via email. He stated that he had "lost" the 2013 match receipts and would like payment now for that match, totaling nearly $5k. He then sent an additional email with his own 2014 charges and I noted a great deal of duplication between his list and Mr. Wolfs. We then received additional email from Mrs. Nelson, and Linda Stidham, their treasurer, claiming additional expenses associated with the match. All told, the expenses charged to USPSA by Mr. Nelson and SUPStotaled nearly $40k. I vehemently protested these charges from the beginning asthere was no contract in place to support them. This was not a personal issue as I have no problems with Mr. Nelson, personally or otherwise. However, I did not feel these charges were warranted or legitimate and I felt it was a poor useof the membership's money. I turned it over to the president and DNROIfor assistance in determining what to pay. During that time, Mr. Nelson contacted Mr. Gary, the Area 1 Director, to complain about a lack of payment. At that point, Mr. Gary began advocating for Mr. Nelson's payment, In full. It is my strong belief, and the belief of my personal counsel that It was completely inappropriate for Mr. Gary to act on Mr. Nelson's behalf in this manner and that he put the needs of Mr. Nelson above those of the membership, endangering a great number of things, not least among them the organization's 501c3 status. Regardless,Mr. Gary almost immediately began requesting payment for Mr. Nelson and advocating on his behalf for full payment. It is believed through similarity In conversations, tone and email that Mr. Gary was actually coaching Mr. Nelson on how to get the best results with the board. I find this appalling and completely inappropriate behavior for a board member.
  35. 35. 3/23/2018 I objected and tried to explain why. There was no contract in place to support these charges,they would have a negative impact on the company should we face an audit asthere was insufficient documentation and it would set a terrible precedent going forward. This was substantiated by a call to our attorney who agreed that because there was no contract, Mr. Nelson didn't have any more of an argument than we did and that becausewe have established history of not paying these fees with 30 years of Nationals under our belts, it would be difficult for Mr. Nelsonto win a suit against us. Mr. Gary disagreed and contacted our attorney for his own opinion, after, I can only suppose, not believing the report that I made to the board after my own visit with her. Mrs. Funston then flopped and changed her story to support payment, despite the vehement protest she gave me when I asked- at least according to Mr. Gary she did. No one really knows for sure the content of that call as he did It on his own, with no witnesses or prior approval or Indeed, even knowledge of any other board members or the president. This is not completely related, but USPSA is in desperate need of new corporate counsel. In the time I've been In this position, Mrs. Funston has been completely U'nwillingto commit~ opinion to writing and haschanged her answer multiple times on the same subject, depending on who she is speaking with at the moment. I honestly enjoy Mrs. Funston very much on a personal level, but It is my feeling that she is more concerned with covering her own assetsand not the organization's. Regardless,Mr. Gary proceeded to try to convince the board to pay the fees from September through May, using the Information he garnered from the attorney. As a matter of education, It is not acceptable for a BODmember to contact our legal counsel directly- certainly not without discussingit with the rest of the board first. Those communique should go through the president or ED,-- UNLESS specific, written permission is given by the board INTOTALallowing the BODmember to contact counsel independently. The USPSA BODneeds to be aware of this aswell asmany, many other best practices for boards in order for this organization to survive and thrive. In May, I missed the board meeting due to hospitalization. At that meeting, It was again brought up to the board for payment and the board voted to approve payment in full based, I am guessing, on Mr. Gary's arguments for justification of payment. I was not informed of the outcome of that meeting until I read it in the meeting minutes along with the rest of the membership. Upon discovery of the Intent to pay, I voiced my opposition, again, to the BOD.I sent an email dated June 4 th that expressed my regret at their decision. I strongly believe it was a corrupt and unethical theft of the membership's money. As the ED,the fiduciary steward of the org, I found it disturbing on many levels. As a member, I was disheartened and felt very ripped off by my own board. Upon submission of that email, I received multiple email from Mr. Gary threatening termination if I speak out against his (the BOD's)actions. It was made very clear to me that I would be fired for telling the truth. A fact I find Ironic, considering the board's new mission to maintain transparency for the benefit of the membership. Again, Mr. Gary endangered the organization when he sent this email or any of the subsequent email after. The amount paid and the details regarding the payment were not released to the membership. If we are so concerned with transparency, why not? It feels asthough transparency is only called for when the
  36. 36. 3/23/2018 E.D.,USPSAemployee, DNROIor President is being called into question, but when a board member (Corn, Anderson, Gary) isout of line, there are no repercussionsand transparency is off the table. The membership simply doesn't "need to know" when these things go on. Mr. Gary sent specific emails with instructions asto which parts of the meeting minutes to redact in order to keep the truth from the membership and then threatened me with termination, In writing, on behalf of the board, If I spoke out. Hestated that he contacted our attorney and that she informed him that I am not allowed to speak. I may speak to the board, but not the public. Hethen invited me to call her for verification. I informed Mr. Gary that I would becontacting my own counsel, as I had no faith in our current attorney, as mentioned earlier. Now Mr. Gary hasvisited with our attorney twice without permission, a further useof the organization's funds that Is unethical and inappropriate behavior for a board member. I will note that Mr. Gary DID pay for one attorney call from his own, personal funds, but it Is still inappropriate for him to engageUSPSA'scorporate counsel on a personal level in that way. It puts our attorney in a position of representing and advising both an individual board member and the org as a whole - a conflict that Mrs. Funston should have pointed out to Mr. Gary. I then met with my own attorney who informed me that I, do, in fact, have the right to speak; but beyond that, I have the OBLIGATION to speak. It is not just allowed, it is REQUIRED. I am a fiduciary steward for the organization and it is my responslbility to speakout if I feel the membership is not being fairly represented. For Mr. Gary to threaten me with termination is a violation of whistle blower protection law, among other things, and is not legal or appropriate. Again, his actions have placed the organization in great peril. The invoices and receipts we received -- even if they had been pre-agreed upon for the matches -- were not adequate documentation for payment. This Isnot my personal opinion, alone. This is from reports from our CPAand CFO,aswell asa couple different corporate, board attorneys. Many of the receipts were completely blank copies of thermal paper with the total plugged into a spreadsheet. USPSA was supposed to just take their word for it that the totals were accurate and the Items purchased were legitimate. Additionally, there were charitable donations made by Mr. Nelson's employees for which they were also seeking reimbursement, receipts for dates we didn't even have events at SUPS,invoices for 8 full months of toilet service, donuts, muffins, pizzaand other food and beverage for work parties during times we had nothing going on at their range. Additionally, while it was stated to the membership that these were all past due charges from the 2014 nationals, that is not true, either. The majority of the charges were for the Junior camp and Steel Challenge -two events that Mr. Nelson actively campaigned for conducting at his facility and previously agreed to S.O.Wand financial arrangements. It is my belief that these details were not mentioned because Messers Gary and Nelson knew the membership -- the court of public opinion- would not agree with the call of the board any more than Idid, if they knew the whole truth. Therefore, enough details were released and teased to make it appear as though Mr. Nelson was saved by Mr. Gary from USPSAand specifically, me, who was just being mean and taking things too personally and refusing to pay his bills on spite alone. Then, I was threatened with termination for speaking out about it. Sincethen, I have been subjected to a number of hostile email directives from Mr. Gary. I believe, as does my counsel, that this behavior is a direct result of me challenging the board's decision to pay Mr. Nelson. It is my belief that Mr. Garytook my opposition personally and his behavior since then has been
  37. 37. 3/23/2018 retaliatory in nature. My attorney very much believes that I am being treated this way in retribution and the correspondence supports this clalm. I must say I agree. Mr. Gary has created a hostile work environment not only for me, but for the whole staff. I have had staff question me about the board's decision, voicing dismay at the fact that we paid Mr. Nelson more than they make In a year, working very hard for the organization. Their faith in the board has plummeted asa result of these recent decisions and they don't feel safe in their positions with this type of behavior running rampant for the past year and a half on the board. Additionally, Mr. Gary has been contacting members of my staff to seek information through them, essentially lying to them to get them to give him the details he wants- this is, again, completely and totally unacceptable, inappropriate and, in fact, not at all legal. An individual board member has NOauthority to contact the E.D.or any other staff member of USPSA regarding their positions, performance, or pay. There is a chain of command for a reason and Mr. Gary hasviolated that chain countless times in the past 10 months. Please,if you believe nothing else I say here, believe this: that staff deserves better than they've been getting from our board. They are good, hardworking people and the actions of our board directly impact them, regardless of whether or not the board realize it. It is the duty of the USPSABODto support and assisttheir staff and E.D.whenever needed, but it often feels asthough we are at odds, disconnected and left to fend for ourselves. It HASto be okay for me to disagree with the board. I still do my job. I do what is asked of me. But I am entitled to my thoughts and entitled to a voice and, as I said, it is in fact my obligation to speak. I cannot experience retribution and attacks for months at a time every time I have an opposing view from a board member. I was instructed last Fallto put together a policy manual for ADs.I did this and presented it to the board. It was ignored until the January meeting when I asked for approval of the manual. I was given a list of approximately 5-6 changesto make. I made the requested changesand turned it right around to the board, indicating the changes made and asking, again, for approval. I did not hear back from any board members until the June board meeting when I was asked for the status. I reminded them that I had emailed it to the board in January and wasawaitingapproval. They askedto have it sent againas none of them seemed to still have their copies. I emailed it to them and waited, again, for approval. At this point I received an email from Mr. Gary informing me that my manual "missed the mark" and claiming that I made the policy up out of whole cloth. It Isinteresting to note that prior to the May board meeting, l had heard not a single word from Mr. Gary regarding the manual. Sincethe May BOD meeting, he has submitted two pagesof issues he now haswith the manual. I did not make the policy up. I usedthe policies (word for word) my predecessor had in place at the time of his departure and added policy where it didn't exist previously - such as in the case of social media and conflict resolution. I consulted with professionals during the compilation of the document - attorneys, CFOs,CPAsand other NPODirectors. It is a greatly needed policy and it cannot be created by the people who need to be governed by it. Without a policy like this in place, the organization may as well shutter its doors because it is not a matter of "if' but "when" it comes back to haunt us.We currently have no adequate repercussions in place to deal with issuessurrounding USPSA'sBODmisbehavior and it is my strong belief that if the past
  38. 38. 3/23/2018 two years hastaught us anything, It's that we have to garner greater control over our representatives and their behavior. Pleasedo not misunderstand, it is not my Intent that the board is powerless, but rather, that one board member, alone, is not able to hijack the entire organization to push his/her own agenda. A seat on the USPSABODIs not carte blanche to make up your own rules. Nor IsIt the venue for pushing your own agenda or sabotaging the efforts of others, or the organization as whole. Nor Is It Isthe right to mistreat the E.D.or any of USPSA'semployees. We simply cannot effectively run the organization with nine bosses. It's Impossible. The chain of command MUST befollowed and BODmembers who violate the chain, must have consequences. BODmembers who speakout in public forums do us harm, open us up to liability and can cost us a lot, including our NPOstatus. The USPSABODis in desperate need of training and education to understand how NPOboards are meant to operate. While there are policies and rules that the USPSABODmust vote on and put into place, there are just as many that are formed by the state and federal governments and those, too, MUST be obeyed and followed. Ignorance ls not an excuse and BODmembers risk their personal finances and, In fact, can risk personal freedom for failure to properly discharge the duties of the post. Education here is key. Liability IsHU.GE. Not just on a business level, but I really, really want you guys to understand how much of your personal finances and freedom are on the line aswell. I've been In OJTfor the past 2.5 years, I've attended a great deal of training through JJCoand others and have had intense, immersive training with CFOSelections since engaging them in March. However, when I present something to the board these days, it is often met with, "prove it" instead. I am not saying I am 1000% correct all the time, but I do not just whimsically report to my board. I research, consult and seek advice before speaking. There hasbeen a lot lobbied against me the past two years. I feel I have taken it all on the chin, held my head up and continue to protect and serve the organization as best I can. Nothing hasstuck yet. Nothing that I have been accused of has proven out. I have successfully defended myself against every single charge. Additionally, I did not go online even one time in two years to defend myself or make counter statements to !fil'. of the numerous posts and emails distributed about me. I didn't say a word when I was called a "cunt'' by members on our own website. I endured my parents and children reading stuff about me on Facebook that is simply too heinous to reprint. I've been compared to Lois Lerner and accused of every wrong deed under the sun, but not once did I stand up and make a fuss In public or even say two words to defend myself against the many ridiculous charges of the past two years, and onward. It would have been inappropriate to do so and I have tried to lead by example for both the staff and the board. Did I make mistakes? You bet I did. I will make more. I am human, not perfect. But I never knowingly did a single thing to harm the org to warrant this egregious ongoing mistreatment from its board. I am just wondering when I start to get the benefit of the doubt, am released from this prison of hostility and endless tail chasing for personal vendettas and ego trips and allowed to do my job? It needs to be now. It needs to be immediate.
  39. 39. 3/23/2018 Otherwise, I am sorry to say that USPSA and I will need to part ways. I am not serving the organization with this going on. The membership are not getting their best service from me when I am running around putting out fires on wild goose chases.Then, the same people who have me running the gamut are also the ones complaining that we in the office "never get anything done" - a charge I find appalling on so many different levels, considering how little those people in the office are paid, how poorly they are treated at times, and the staggering amount of work they do, despite it all. This letter Isn't a threat; pleasedon't take it as such. I have a deep and abiding love for this organization on a personal level and will fight until my last breath to protect It. It means so much to me that I am willing to endure the slings and arrows of the past couple years to see it succeed and grow. I am also willing to walk away from It so It doesn't fall down around us. I don't want to be a lightning rod for controversy. I don't want the moon and stars. Ijust want to be able to serve the org in a manner in which they deserve. I want to help the org that hasdone so much for me. But I simply cannot do that with the current board structure. No E.D.could. Me walking away isn't going to fix the issuesthis position faces. If USPSA continues down this path, it will find Itself with a revolving door of EDswho are burned down into nothing by its board and membership. I urge the USPSA President & BODto do the right thing to rectify these issuesfor the good of their staff and for the good of the organization as awhole. We most certainly will not survive without positive intervention at this point. A firm hand Isneeded. Structure and leadership Isneeded. A serious chain of command that is adhered to and policies with rights and responsibilities for the membership, the BOD, and the staff are desperately needed. One person can't do It all alone. It has to be done by a coalition of willing servants of the organization, working as a team toward the same goals. I thank you very much.for your time and hope that you treat this letter asit is intended: an early warning that USPSA will not succeed and prosper without proper training, education and guidance for and from its board. This must start from the top and go downward, In order to be successful. Please let me know If I can answer any questions or clarify any statements made here. Again, I would like to point out that this is not a threat and is not intended to cause further damage, but rather, it is an attempt to express that a change is needed for the good of the organization and I am 100%willing to see that change take place, as Is the rest of the staff at HQ- however, we need the support of the board to do that. We are not the enemy. We are all on the same side and we, I believe, we all have the same goals. We Just need to make some fundamental changes and commit to working together for the good of the org. I am more than game. As is my staff. But we must have the USPSA ADson board in order for us to see success.I hope I can count on them to join me in this fight, but if not, I will do whatever is necessary to see the org survive and thrive. Asthe EDof this org, I am proud and willing to fight - as I believe I've shown over the past few years. As a life member myself, I am more than committed to seeing this organization succeed. Thank you for your time, Kimberly Williams Executive Director, USPSA
  40. 40. 3/23/2018 ··.EXHIB1Ti.. Agenda USPSA BOD Meeting Agenda Las Vegas, NV January 24-25, 2015
  41. 41. 3/23/2018 In attendance: Phil Strader Special Guests Bruce Gary Jerry Westcott Sherwyn Greenfield Art Brown Rick Steele Chris Palmer Dave Bold Steve Thomas Kim Williams Troy McManus President Area 1 Director Area 2 Director Area 3 Director Area 4 Director Area 5 Director Area 6 Director Area 7 Director Area 8 Director Executive Director DNROI Jake Martens - Club Programs & Services Chris Taylor - Public Relations David King - Junior Programs & Services 1/24/15 Meeting Called to Order at 0859 Approval of Agenda Motion: To approve current agenda Moved: A6 Seconded: Al PASSED Motion: To amend agenda by adding the following items. Official announcement of USPSA VP
  42. 42. 3/23/2018 Add Initial Bylaw Discussion of 11.2 Moved: Pres Seconded: A8 PASSED Motion: Approve amended agenda Moved: A6 Seconded: Al PASSED Bylaw initial discussions 5.10 -Open-Meeting Policy review Discussed the following change for vote at next meeting: 5.10 Board Meetings (Current) All Board of Directors meetings shall be closed to individuals and organizations other than those authorized by these bylaws, Board of Director policy, or those invited by affirmative vote of two-thirds (2/3) of the Board of Directors. In addition, an individual member may address the Board of Directors for a specific purpose only, after being properly included on the agenda at least 30 days in advance of the meeting. 5.10 Board Meetings (NEW) All Board of Directors meetings shall be closed to individuals and organizations other than those authorized by these bylaws, Board of Director policy, or those invited by affirmative vote of two-thirds (2/3} of the Board of Directors, except as expressly provided below: (i) Current USPSAmembers may attend in-person Board meeting as observers, subject to the following conditions: Interested members must provide 14-day advance notice to the USPSA office; attendance is limited to available space; and attendance by observers must not causeany additional expense to USPSA.Observers will be excused during any executive session discussions, and must agree to be bound
  43. 43. 3/23/2018 by the Board's standing rule of confidentiality until the minutes have been published. (ii) Current USPSAmembers may address the Board of Directors at an in-person meeting for a specific purposes, subject to the purpose having been approved and included on the agenda at least 30 days in advance of the meeting. 7.2 - Nationals contract stipulation Discussed the following change for vote at next meeting: Add to Article 9 rather than bylaw 7.2: In no case may the President release the dates or venue for a National Championship match until a contract covering staffing, budget, administrative responsibilities and financial controls is signed by all parties and on file with USPSAheadquarters. 6.1 - Presidential Election review Motion: Moves a non-binding resolution: It is the consensus of the Board, at this time, to continue with the process of electing our President rather than hiring a professional CEO. We have reached this consensus largely based on the belief that the ability to vote for the leader of our organization is important to our members. However, it is the desire of the Board to have a full-time leader who can focus 100% of his/her time on the business of the organization, without responsibilities to another employer. Should the successful candidate in the next election have the ability and desire to commit their full- time attention to USPSA, the Board is willing to adjust compensation to reflect that full-time commitment.
  44. 44. Moved: Al Pres - Abstain 3/23/2018 Seconded: A8 PASSED Official announcement of USPSA VP - Sherwyn Greenfield. Sherwyn has been the Area 3 Director for the entire term of the President, and his record of service and knowledge of USPSA speak for themselves. He will continue to serve the current BOD as VP for the remainder of the current President's term. Marketing and Social Media Report As Director of Marketing, Chris Taylor is charged with promoting USPSA clubs and programs as well as coordinating communications between the members and its leadership. To that end, Mr. Taylor reports that in 2014 we had 1090 tracked traditional media stories, Facebook followers increased from 68,119 to 174,500, and average post reach is around 40,000. The subscription rate of the weekly news brief is around 45,000. Mr. Taylor states that his biggest obstacle right now is lack of input for content. He reminded board members that his services are available to help promote matches, camps, and other special events. He urged the board to inform their section coordinators and club contacts of this service as well. Those wishing to submit USPSA-relevant items for promotion through our social media and weekly news brief should email media@uspsa.org to contribute. The USPSA board agreed to support the efforts of the marketing team by submitting
  45. 45. 3/23/2018 relevant stories and match listings and urging the membership to do the same. Mr. Taylor will also be working with the NSSF to update the organization's demographics survey, the results of which will be available to all USPSA members upon completion. Junior Program Report As Jr Programs & Services Coordinator, David King is charged with improving value and experience for USPSA juniors and their families. To that end, he has been working on developing a team competition element for USPSA Juniors, ages 9 - 17. The program is in its infancy and Mr. King is developing the foundation for further implementation in early 2015. Mr. King has also been working on expanding on the success of the 2014 USPSA Young Guns Camp. He has been working with various area directors to implement a consistent curriculum and set of requirements as well as a common goal. Mr. King will continue to update the board as the program further develops and will continue to work with Area Directors to assist with their efforts. Break for lunch @ 1212 Club Program Report As Club Programs & Services Coordinator, Jake Martens is charged with improving value and experience for USPSA clubs. To that end he has been researching alternatives to the USPSA Slot Policy as the sole means for
  46. 46. 3/23/2018 activity credit incentives. Mr. Martens has been working with the most active clubs in the country to vet their opinions of the current system as well as the direction they would like to see it go. Mr. Martens reported the findings of his initial survey to the board. The majority of the most active clubs are in favor of new and additional incentives for club activity. The next step is for Mr. Martens to take an expanded survey to all clubs and sections within the organization. He will then report back to the board with further analysis and recommendations. At the same time, Mr. Martens is working with various vendors and partners to explore mutually beneficial and alternative value for activity. Review of AD Policy Handbook - Suggested that articles that reference bylaws have said references removed to avoid having to change two documents when bylaws change. - Suggested that the specific number amounts in the AD Budget Support section be removed, since numbers will change with new budgets. - Update the Conflict of Interest section with actual Policy text rather than bylaw change text. Range Master Emeritus Implementation Motion: To establish Range Master Emeritus status for John Amidon. Moved: Pres Seconded: A4 PASSED
  47. 47. 3/23/2018 Website and Internet Security Discussion Motion: To adopt a standing policy ofUSPSA to engage a qualified third-party review of website protections and information security at least once a year, and that the ED share the results of the review with the Board as soon as available. Moved: Al Seconded: A3 PASSED **Initial Bylaw Discussion of 11.2** - Discussion of removing the "Handgun" stipulation in 11.2 Bylaw Review - 5.3 and 5.7 Motion: To change 30 day notices in Bylaw 5.3 and 5.7 to 10 days notice. Moved: A4 Seconded: A7 Opposed Al Bylaw Review - 7.5 PASSED Motion: To move the Budget submission due date to March 31st of each year. Moved: Al Seconded: A6 PASSED
  48. 48. 3/23/2018 Bylaw Review - 7.6 After consulting with the CPA, we believe that bylaw 7.6 requires the full report from the CPA must be published in order to satisfy the bylaws-required publication of "audited or reviewed financial statement of the corporation." Accordingly, the full report will be made available in the Members area ofwww.uspsa.org Bylaw Review - 13.2 Tabled until member feedback on USPSA Slot/Rewards Program. Set next in-person meeting dates and location Motion: To convene the next in-person meeting in Louisville, KY on July 18-19, 2015. Moved: A6 Seconded: A7 PASSED Motion: To Adjorn at 1725 Moved: A5 Seconded: A1 PASSED Meeting called to order at 0859-1/25/15
  49. 49. 3/23/2018 Long Range Strategic discussion for 2015 goals and beyond - President tasked each BOD member to submit at least one agenda item to be posted for the next in-person meeting and mandated that said agenda item be directly related to the growth ofUSPSA and/or added benefit to club/member benefit. - Discussed an improved online BoardTalk forum. All suggestions for improvements will be vetted to the Vice President on a minimum of a monthly basis. He will compile the emails and send directly to our webmaster and the ED for addressing. Committees Compensation -A8 Chair, A5, A6 - Officer Review (Pres, ED, Troy) Motion: To move into Exec Session Moved: Al Seconded: A8 PASSED Motion: To move out of Exec Session Moved: A6 Seconded: A4 PASSED Marketing Pres Chair, ED, A8, A5, A6, Chris Taylor USPSA President will be meeting with various firearm manufacturers in an attempt to market a "Friends of USPSA" purchase program to help boost membership and to give more benefits to current members.
  50. 50. 3/23/2018 Classification-Al Chair, A6, Roger Maier, DNROI - No report-pending website/database update Bylaws A3 Chair, Pres, ED - Bylaw reviews and discussions noted in minutes. Finance Pres Chair, ED, Al - No report-Financial Statements to be submitted March 31st. Audit A3 Chair, A7, A8 - An independent CPA recommend that USPSA continue to have a financial statement review in the current year rather than an audit. While it is ultimately the Board of Director's decision and responsibility to hire the auditors and to determine the level of service required, she believes the review we are currently providing, which includes a much more in-depth review of account activity than is strictly required, does provide the best balance between cost and benefit. The BOD collectively decided to heed the advice of the CPA in this case. Rules A4 Chair, DNROI Pres, A2, A7, A6 - Multi-gun rule update - NROI Instructors will submit corrections and/or amendments to present to the Rules committee. In turn, the completed rules will be presented to the BOD before the next in-person meeting. Steel Challenge Pres Chair, ED, A5, A4, Al DNROI to work with Action Target for improved SCSA steel targets. There were multiple complaints of "dead"
  51. 51. 3/23/2018 plates (steel that makes little to no sound when hit). 3-Gun/Multigun A6 Chair, Pres, Al, A4, A2 - No report Historical Pres Chair, A7, Al, ED - Numerous photos received by former DNROI for posting. Awaiting new website/database for website continuity. DNROI Report Instructor conference held January 17/18 in Las Vegas, NV: NROI is revamping the current level one and two programs, with a target date of the first quarter of 2015. Updated RM program will follow later this year. DNROI is in the process of rewriting our policy manual to reflect changes to pre-requisite requirements for Level One, Level Two, and the RM program, as well as changes designed to keep already certified Range Masters. We intend to reinstate the Multigun endorsement as a correspondence or e-leaming exercise, to be included in the new USPSA database. DNROI will also review and edit the current on- line test questions for relevance and for content. In 2014, the NROI Instructors taught a total of60 seminars, averaging 5 per month. Of these, 48 were level One (RO), and 12 were level Two (CRO). At 20% of the total number of seminars, CRO seminars represented a significant uptick in the CRO program. We attribute this to the CRO "Boot Camp" option, which focuses on stage construction and operation, rather than simply stage design. Overall, We certified 713 new Range Officers, 144 new CRO's, and 2
  52. 52. 3/23/2018 Range Masters in 2014. In addition, there were 2,221 RO re-certifications processed, 441 CRO re-certifications, and27 RM recertifications. To date in 2015, there were 23 seminars already booked: 16 RO and 7 CRO. There are 4 RM candidates currently working with NROI mentors. Motion: To approve Committee reports as presented Moved: Pres Seconded: A3 PASSED Motion to Adjourn - 1300 Moved: A2 Seconded: AS PASSED

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