Response to the Board
March 6, 2006
Ralph Splawski
11866 Sagittarius East
Willis TX 77318
Mr. Bob Murphy
Point Aquarius POA
13189 Point Aquarius Blvd
Willis TX 77318
Dear Mr. Murphy:
This will acknowledge receipt of your letter of Feb 26, 2006. You have identified the correct Texas Bar Card Number for my attorney, Mr. James C. Shy.
However, your concerns about the eligibility of Mr. James C. Shy to practice law are unfounded. He is on inactive status with the state bar which means he may not practice law for compensation. There is no compensation in this case. Unless you can manufacture some other technicality in your attempt to disqualify him, he will attend the March 14, 2006 meeting with me. Your high priced attorneys should have known the rules about inactivity.
While on that subject, I would also like to make an official request for a detailed itemization of billings from the association’s law firm or anyone else that was paid to prepare your Feb 26, 2006 letter and a letter from Al Morin dated Feb 6, 2006 addressed to Point Aquarius Neighbors. I might add that the expense you incurred, $4.64, to mail a second copy of the same Feb 26, 2006 letter via certified mail was a waste of association funds as was whatever cost you incurred in checking out Mr. James C. Shy. These obvious acts of paranoia on your part over a simple request to review the records only add to the suspicion that exists in the community about what the board is doing behind the backs to the residents of Point Aquarius.
In order to make our Mar 14, 2006 meeting work as efficiently as possible, I have listed some of the items we would like to review on that day:
All hand-written notes from Al Morin or anyone else involved in the investigation of the embezzlement.
Since Brenda Mitchell’s name was forged on the checks along with Al Morin’s, was she involved in the investigation? If not, why not?
What was the purpose of the account on which the forgeries occurred? Was it to pay vendors/contractors? Was it used for payroll of association employees?
Copy of the approved vendors list.
Copy of bank statements for this account showing the average activity and average balance in the account in the 12 months preceding the embezzlement.
A copy of the written report documenting all details of the investigation of the embezzlement for the entire board which no doubt was then filed in the association’s archives.
A copy of all checks involved in the embezzlement, particularly check #’s 9480, 9484, 9485, 9486, 9487, 9489, 9490, 9491, 9492 and 9493. These copies would have been required for the criminal case.
Of particular importance are copies of check #’s 9476, 9477, 9478, 9479, 9481, 9482, 9483, 9488 and 9495. If the copies are not readily available, kindly provide a list of the issue date, posting date, payee and amount.
Copies of association audits done two years prior to the embezzlement.
Copies of the audits done after the embezzlement became known.
Copies of the credentials of the auditing firms used in these audits.
Copies of the written policies that were put in place to avoid similar embezzlements or possible malfeasance by the board.
Documentation of the reason for the delay in contacting the Sheriff’s Office about the possibility of a crime.
Copies of the written policy under which Leslie Marie Holbert would have been allowed to write checks to herself as valid reimbursement for expenses. Were there any occasions where that happened?
Copies of all written procedures for handling petty cash in the course of normal business, i.e. residents paying for gate pass with cash.
Copies of audits of the petty cash transactions for 2003 on.
On what day was Leslie Marie Holbert terminated from her employment as Point Aquarius property manager? Who on the board was responsible for evaluating her job performance?
This list is certainly not intended to be a complete list of every item to be reviewed. We expect it will take 6 – 8 hours to complete our examination of the documents. Will there be any knowledgeable people there for us to ask questions? Do you have any objection to tape recording the question and answer session to insure accuracy? We have no objection to your taping that part of the meeting. Is there any objection to making copies of items that are in the public domain? Can you provide a copy machine? Will there be a charge to use it?
It is very important that we have your written statement authorizing Alfred Morin to speak for the entire board of the Point Aquarius POA. This document should be signed by each member of the board at the time the complaint was filed in June 2004. Was Alfred Morin in fact the designated spokesman for the entire board with the Sheriff’s office? If not who was?
Wasteful spending by the association is another concern of mine along with most residents in the community. There is no need to send two letters, one certified and other regular mail, in answer to this letter. Just email me at ikswalps@gmail.com. No calls please.
I will be at your stated location with Mr. James C. Shy on March 14, 2006 at 10:00 a.m.
Sincerely,
Ralph Splawski
Point Aquarius Resident
cc: shyjimbold3@aol.com
http://pointaquarius.blogspot.com/
Ralph Splawski
11866 Sagittarius East
Willis TX 77318
Mr. Bob Murphy
Point Aquarius POA
13189 Point Aquarius Blvd
Willis TX 77318
Dear Mr. Murphy:
This will acknowledge receipt of your letter of Feb 26, 2006. You have identified the correct Texas Bar Card Number for my attorney, Mr. James C. Shy.
However, your concerns about the eligibility of Mr. James C. Shy to practice law are unfounded. He is on inactive status with the state bar which means he may not practice law for compensation. There is no compensation in this case. Unless you can manufacture some other technicality in your attempt to disqualify him, he will attend the March 14, 2006 meeting with me. Your high priced attorneys should have known the rules about inactivity.
While on that subject, I would also like to make an official request for a detailed itemization of billings from the association’s law firm or anyone else that was paid to prepare your Feb 26, 2006 letter and a letter from Al Morin dated Feb 6, 2006 addressed to Point Aquarius Neighbors. I might add that the expense you incurred, $4.64, to mail a second copy of the same Feb 26, 2006 letter via certified mail was a waste of association funds as was whatever cost you incurred in checking out Mr. James C. Shy. These obvious acts of paranoia on your part over a simple request to review the records only add to the suspicion that exists in the community about what the board is doing behind the backs to the residents of Point Aquarius.
In order to make our Mar 14, 2006 meeting work as efficiently as possible, I have listed some of the items we would like to review on that day:
All hand-written notes from Al Morin or anyone else involved in the investigation of the embezzlement.
Since Brenda Mitchell’s name was forged on the checks along with Al Morin’s, was she involved in the investigation? If not, why not?
What was the purpose of the account on which the forgeries occurred? Was it to pay vendors/contractors? Was it used for payroll of association employees?
Copy of the approved vendors list.
Copy of bank statements for this account showing the average activity and average balance in the account in the 12 months preceding the embezzlement.
A copy of the written report documenting all details of the investigation of the embezzlement for the entire board which no doubt was then filed in the association’s archives.
A copy of all checks involved in the embezzlement, particularly check #’s 9480, 9484, 9485, 9486, 9487, 9489, 9490, 9491, 9492 and 9493. These copies would have been required for the criminal case.
Of particular importance are copies of check #’s 9476, 9477, 9478, 9479, 9481, 9482, 9483, 9488 and 9495. If the copies are not readily available, kindly provide a list of the issue date, posting date, payee and amount.
Copies of association audits done two years prior to the embezzlement.
Copies of the audits done after the embezzlement became known.
Copies of the credentials of the auditing firms used in these audits.
Copies of the written policies that were put in place to avoid similar embezzlements or possible malfeasance by the board.
Documentation of the reason for the delay in contacting the Sheriff’s Office about the possibility of a crime.
Copies of the written policy under which Leslie Marie Holbert would have been allowed to write checks to herself as valid reimbursement for expenses. Were there any occasions where that happened?
Copies of all written procedures for handling petty cash in the course of normal business, i.e. residents paying for gate pass with cash.
Copies of audits of the petty cash transactions for 2003 on.
On what day was Leslie Marie Holbert terminated from her employment as Point Aquarius property manager? Who on the board was responsible for evaluating her job performance?
This list is certainly not intended to be a complete list of every item to be reviewed. We expect it will take 6 – 8 hours to complete our examination of the documents. Will there be any knowledgeable people there for us to ask questions? Do you have any objection to tape recording the question and answer session to insure accuracy? We have no objection to your taping that part of the meeting. Is there any objection to making copies of items that are in the public domain? Can you provide a copy machine? Will there be a charge to use it?
It is very important that we have your written statement authorizing Alfred Morin to speak for the entire board of the Point Aquarius POA. This document should be signed by each member of the board at the time the complaint was filed in June 2004. Was Alfred Morin in fact the designated spokesman for the entire board with the Sheriff’s office? If not who was?
Wasteful spending by the association is another concern of mine along with most residents in the community. There is no need to send two letters, one certified and other regular mail, in answer to this letter. Just email me at ikswalps@gmail.com. No calls please.
I will be at your stated location with Mr. James C. Shy on March 14, 2006 at 10:00 a.m.
Sincerely,
Ralph Splawski
Point Aquarius Resident
cc: shyjimbold3@aol.com
http://pointaquarius.blogspot.com/
posted by Ralph Splawski at 9:59 AM
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