http://www.sacurrent.com/sanantonio/the-wao-files-4-carol-speaks-sort-of/Content?oid=2377558
The WAO Files 4: Carol speaks. Sort of.
By Enrique Lopetegui
The following are some of the statements offered by Carol Asvestas and then-WAO attorney Eric Turton during and after an August 20 press conference at WAO's Leslie Rd. facility.
At the press conference
On the number of animal deaths (to Channel 12 producer Shari St. Clair): “Since 2005, nothing but misinformation, including your figures, have been circulated by somebody. That's incorrect information. I have excellent staff. There should be absolutely no question about the care given to our animals. We get sick animals and we give them excellent facilities to live out their lives and they die here. Whatever information you get about 15 here or 20 `animal deaths` there is completely wrong. We give the USDA our inventory every single time `WAO's veterinary is` asked. I have inventory on file. Because of this misinformation, the animals suffer the most. I've been here for 28 years and I'm not going anywhere, this facility is not going anywhere, and `the animals are` not going anywhere. We have nothing to hide here.”
On pictures of stool-filled cages: “We got a little paranoid when somebody started taking photos of the cages when we were cleaning up, and making it look like that's what they were living in.”
St. Clair: Did the USDA ever cite you for anything?
Turton: “We have a complete settlement with USDA and there is no investigation going on.”
Alone with the Current
How has this affected you on a personal level?
Carol: “The stress of being almost (sic) accused of not doing your job properly is very disheartening. I think I've lost 80 pounds in the pastâ?¦ God knows how long, because I can't do what I need to do on time to keep this place operating properly. I have to work overtime, fundraising, paperworkâ?¦”
You mentioned something about losing some donorsâ?¦
“We went down in 2008 in donations, 2009 is not done. We had some will money donated which saved us.”
What about the dead animals? Dr. Ehrlund said she didn't remember the exact figure. How come you don't keep track?
We do. We have a whole file cabinet full of death certificates.
You knew we were comingâ?¦
I didn't think you would ask for anything besides Vi Vi.
Oh, c'monâ?¦
Turton: “We were prepared to speak about Vi Vi.
Carol: “I want to show you something. Is it OK with you, Eric?”
(Turton agrees)
Turton: “We're trying to be transparent.”
Carol shows me the death files and agrees to show them to me, “as long as it's OK `with Turton`.”
Turton agrees but says that I have to make an appointment and he needs to be present. I made the mistake of agreeing, instead of demanding to see the files right away. Turton cancelled on me twice and then stopped returning my calls.
I found him at the County Courthouse on October 15, and asked him why he hadn't returned my calls after he promised to show me the files.
“I've been busy,” he said.
On Sunday, October 18, I was supposed to meet with Ron and Carol Asvestas and their lawyer, Tammy Click (who is representing them in the lawsuit against daughter Nicole, WAO's board, and WAO itself), but my own daughter interrupted proceedings at 2:08 am: She wanted to come out of my wife's womb (she did; thanks). Carol Asvestas and Click were very gracious and understanding, so we agreed for them to send answers via email.
These are their replies:
What happened at the September board meeting where you and Ron were suspended, and subsequently terminated? What is your version of the meeting and events that followed?
The September meeting was called to order, and Sumner Matthes immediately made a motion to suspend Carol and Ron without pay. Carol and Ron were given no reason or opportunity to even question why this action was being taken. Then the directors placed Nicole GarcÃa as the temporary CEO. These votes were three to one. The only person who voted no was board member Andrew Behaine. The board meeting was done solely by phone. No one was present in person. It was later discovered that the three board members who voted “yes” to the suspension and to place Nicole in the position had a secret conference call on Saturday to make these decisions. Therefore there was no opportunity for the other board members or Carol or Ron to ask any questions. On Tuesday, Andrew Behaine and Chris `Morton` resigned from the board in protest. Then, the remaining three board members, the ones to participate in the secret phone call, voted on Thursday to terminate Ron and Carol's employment and remove Carol from the WAO Board of Directors.
How many sanctuary animals total, at both the Talley Road and Leslie Road locations, did WAO have in September, prior to your departure from the organization?
The WAO would have the records, but there were approximately 500 animals on both the Talley Road and Leslie Road locations, including the feral cats, feral pigs, and all the primates, birds and exotic animals.
What is the annual budget, how has it changed through the years, and what percentage goes directly to animal care and maintenance (including facilities specifically for the animals)?
The budget changes every year. The WAO took all the records, but the budget is made annually and shared with all the directors. The CPA makes a budget based on the actual figures from the year before. In 2009, on average, the cost to operate the WAO is approximately $100,000 per month but, obviously, this average is dependent on many facts, including the commodity prices, electric costs, etc., many of which are dependent on weather and other circumstances outside of anyone's control. The costs for salaries are included in the budget, so this information should be available from the WAO.
We do have the information as to the salaries we have received from the WAO since Carol started the it in 1981. From 1981, for approximately 10 years Carol took no salary and Ron supported the WAO from his plumbing business. We obtained the property, made mortgage payments, water and electricity, built the pens, enclosures of all kinds, worked consistently. There was no salary taken from 1981 until the first salary for Carol in 1996 and that was $11,770. The salaries, in round numbers, are as follows:
YEAR CAROL RON
1981- 1995 0 0
1996 11,770.00 1,200.00
1997 1,000.00 0
1998 33,000.00 24,000.00
1999 36,000.00 24,000.00
2000 0 0
2001 41,000.00 36,000.00
2002 47,000.00 44,000.00
2003 47,000.00 48,000.00
2004 47,000.00 50,000.00
2005 17,000.00 14,269.00
2006 53,000.00 54,000.00
2007 78,000.00 79,000.00
2008 74,000.00 74,000.00
The WAO was built by us, not for money, but because it was our passion and then after twenty years of work, our passion was able to become our livelihood. The WAO has documentation as to our job responsibilities and duties, and documentation that it would take three people to replace each one of us. I ask you to obtain these documents from them. Clearly this was not done by us for the money, and we are the only people we know who never get the salary they were told would be paid. Carol raised consistently over one million dollars every year for the past 4-5 years even in this economy. Fundraisers generally charge 25% and this is only one of the duties Carol was responsible for fulfilling.
According to records the Current has obtained, on 1/18/2007, at least four monkeys died. What was the cause of death?
The WAO can provide this information from the records. There would be a determination as to the cause of death made by the animal's doctor, so if you have records on the death you should have the records as to the cause of death.
You have consistently refused to open your animal records to the TCEQ, the Current, and others. Why the lack of transparency when you've been repeatedly challenged about the quality of animal care at WAO?
This is not a true statement. The TCEQ and Attorney General's office and others charged with any oversight have repeatedly stated that, during our term with the WAO, they received cooperation from us on all occasions. Why would you state otherwise? The complaints and investigations performed are available to the public pursuant to a Freedom of Information Act request. I encourage you to obtain proper information before making false accusations regarding our actions.
What happened to the pigs given to WAO with the expectation that an enclosure would be built for the animals? Can you prove that the pigs were relocated to new homes or sanctuaries, and not slaughtered?
Are you talking about the pot-bellied pigs given over ten (10) years ago ... in approximately 1999? Is this the most relevant question you have? Have you not been made aware of any of the facts? There has been information given to the Attorney's General office years ago regarding this unfounded accusation. The short story is that we were told there were approximately 35 pigs, and when we arrived to pick them up there were approximately 90 pigs. There were not enough pens, especially as many of the females were pregnant and giving birth to other litters. The Attorney General's office was given the information and investigated this accusation and found no wrongdoing. Again, you are encouraged to get their investigation.
Is your plan to recover WAO and continue leading it, or do you want to claim the property and money and move on?
The WAO is an organization that has rules and procedures that govern its activities. If the governing rules and procedures are followed and it is determined by the directors that it is in the best interest of the WAO that we be dismissed, then we want the money and property owed to us and we wish them the best. If the WAO cannot meet its obligations, then we would consider retuning to make sure our life's work is not put in jeopardy.
According to TCEQ documents, WAO workers improperly disposed of deceased animals and animal waste on WAO property. How do you respond to those charges?
We understood that deceased animals and waste could be buried on the acres of property under the condition that it be buried deep enough that it could not easily be dug up. They were buried after digging a hole with the backhoe. Subsequently we learned that the dead animals were to be disposed of in the landfill, so we changed this practice. Frankly, we still believe that burying the animals ourselves would be preferable to dumping them in the trash. However, we abide by the instructions given by the TCEQ.
Why did you go into the wildlife-animal sanctuary field? What was your professional and academic background? Did you have any relevant experience working with animals prior to WAO?
The WAO was and is Carol's passion. She built it out of her own convictions. Carol and Ron built the WAO over a period of approximately 30 years from a dream into refuge for approximately 500 animals; from Carol's own donations into a refuge that requires a budget in excess of one million dollars.
A woman from Lansing, Michigan, claims that her October 2009 WAO newsletter, which was compiled and mailed before your departure, is exactly the same as the July 2009 newsletter. Is this the case, and if so, why?
This is a petty, ridiculous, trivial question that has no bearing on anything. Out of the tens of thousands of newsletters that go out every month some woman in Michigan gets the same one twice. So what? It is possible that she was on another mailing lists that would have been purchased and she would have received the same newsletter twice. But, again so what?
A `former` board member filed a complaint alleging that WAO's claim in 2005 to be caring for more than 300 animals orphaned by Hurricane Katrina was grossly exaggerated. Can you document that WAO in fact cared for these domestic animals?
See the WAO documents.
Can you prove that the tigers relocated from TOPS were adequately transported, with proper veterinarian care?
Can you "prove" they were not? For your information, there was a veterinarian and a team from the International Fund for Animal Welfare traveled to get the tigers and returned with the tigers.
Did the Asvestas ever make $100,000/year each, or were those salaries ever discussed by the board?
Yes, a $100,000.00 yearly salary for Carol and Ron was discussed and approved by the Board of Directors, including the three who terminated their employment. The WAO has the information as to the job descriptions and duties of Carol and Ron and the information on a projection to replace them and the associated cost which was approximately triple that amount. The WAO should be able to provide you with that information. However, Carol and Ron never received the promised salary and, frankly, any promised salary would not compensate for all the years when they worked for nothing and only put money and effort into the WAO. Unfortunately, it is my estimation that their work will only be recognized when it is too late. Even now, there is no one after 5 p.m. who checks on the animals. Carol and Ron would generally make a round in the evening and more than one if there was inclement weather as their house was on the adjoining two acres. It was a 24/7 occupation for them. But, they never missed making a payroll even if it meant no payment for them. This is just sad. Then to have their daughter on television taking credit for the change in the animal feed that Carol had spent so much time researching and working on. Do people honestly believe that a change in diet for such animals can happen in a period of a couple of weeks? And the tour groups that are being touted. Has insurance coverage been obtained to cover the WAO if someone gets hurt and sues? Carol couldn't find insurance coverage that the WAO could afford that would provide such coverage. Is it appropriate to have tour groups (invitees) and take the chance of a lawsuit without insurance coverage? Carol did not think so, perhaps the Board and new CEO does. Obviously, Carol and Ron are not perfect. No one is. And, like everyone else, they learned as they worked along, but they did the work. They built the WAO with assistance from many, many people, but none worked longer or harder than they did. But, it is the old story: No one will appreciate what they did until they are gone.
MANY OF THESE QUESTIONS HAVE GONE WAY BEYOND ANYTHING THAT IS RELEVANT OR APPROPRIATE.
After the upper case incident, I never heard back from Click or the Asvestas. The following are three unanswered questions emailed to Click on October 26:
1 — Just before being terminated by the board, did the Asvestas take files and equipment from the WAO offices? Please tell us your version of the story.
2 — I've seen pictures of a swimming pool being built at Ron Asvestas' house. Where did the money come from to buy the materials and pay for the workers?
3 — Why sue R.G. Griffing for libel and not others like rexano.org, Kristina Brunner, etc.? Where did Griffing cross the line? What did he say/write that Brunner didn't? Is the headline 'The Lyin' Queen' what did it? Is that all? When did he lie?
End.
http://www.sacurrent.com/blog/queblog.asp?perm=70001
The WAO Files 6: Sumner Matthes.
By Enrique Lopetegui elopetegui@sacurrent.com
“Why are you calling me?” Sumner Matthes asked when I called him in early October, days after Carol and Ron Asvestas had been terminated and their daughter Nicole put in charge of WAO.
After examining hundreds of pages of public records related to WAO, I came to the conclusion that Matthes, WAO’s vice president, was often the most lucid voice in a disintegrating operation. I was curious to know why, after years of siding with WAO’s bosses, he eventually decided to join in the uprising.
In early October, Matthes spoke with us on the phone from Florida (where he resides) and later sent us additional answers via email.
Why am I calling you? You’re a member of the board, aren’t you? Yes, I am.
Going through public records, it seemed to me that you’ve been the voice of reason all along, and I thought you were a good person to call to help me make sense of the latest developments at WAO. And who are you with?
San Antonio Current… Well… I’ll talk to you a little bit… I might have to turn you back to our attorney, but I’ll give it a shot. What do you need?
The Asvestas claim that they were wrongfully terminated, because there were only three people at the board meeting where it was decided to terminate them, not five, as dictated by WAO’s by-laws. Yeah… I can tell you one thing: There were five members when we terminated them. Not “terminated,” but when we put them on administrative leave and then, subsequently, took action when they tried to remove equipment from the office. And that resolved into termination.
Why did the board decided to raise Ron and Carol’s salaries to $100,000, in the middle of an investigation by the USDA? It was voted upon… The reason it was done was… We reviewed other organizations, similar organizations throughout the country to determine how much the executive directors were being paid, and that felt that was the right amount.
But the raise took place in the middle of so many allegations. It sounds like a lot of money to me…
Depending on how you look at it, sir… It depends on what’s being done by the individuals who were given the pay raise at that time. You will probably find it not excessive at all.
Was the vote to suspend and terminate unanimous?
Yes, it was.
Couldn’t you have acted earlier? Why now? Didn’t you think the allegations were true before?
The allegations probably have a lot of true in them, I can’t say they were all true simply because I haven’t seen all of them. There is supposedly a 600-page list of allegations that the Attorney General gave to Carol Asvestas. I have attempted since that time, and that was months ago, to get a copy of them and nobody [gave them to me]. As far as doing what we did, I think we went over backwards trying to resolve this problem. I think a lot of the problems were due to the fact that they have a lot of personal problems that affected their running of the orphanage.
So far do you see any change with Nicole running WAO?
Absolutely. I think things are definitely changing for the better. In fact, I just got off the phone with people out of Talley Rd., just a couple of hours ago, asking them if the food situation now there has improved for the animals and they guaranteed and assured me: Yes it had. I have to credit that to Nicole’s diligence in getting that straightened out. I have heard nothing but positive things on Nicole since she’s taking over the operation as CEO. I have been in touch with her on a daily basis to determine if there are any real problems. There are a number of problems that she’s having personally with her family but, as far as the operation of the Wild Animal Orphanage, I think it has improved tremendously since she has taken over the job. As far as the lawsuit, I wasn’t aware of it.
Among other things, the Asvestases claim WAO owes them money.
Anything like that I’m sure it’s going to be a very long-term thing. There are many questions about how much money is owed to them. It’s not something I want to talk about because, if we’re going to be sued, we’ll have to bring it up in the courts. I’m very disappointed in the actions of the Asvestas to sue the board of directors, who did everything they possibly could to work with them and to make things better down there, and it didn’t happen.
Any examples?
I have been working with Carol Asvestas and Ron Asvestas, more Carol than Ron, for 13 years. I’ve been involved with the sanctuary down there for 13 years, and I kept finding things in the last couple years. Again, I think because of their personal problems, things were not getting accomplished. We were asking for the things that were not provided to us. We were asking for financial data, it did not get to us. As I said, that 600-page document that the Attorney General presented to them concerning the allegations that were being made by Ms. Brunner and others, as I understand it we were never able to determine who had it. In fact, at the last voting we asked about it and nobody seemed to
know where it was. So there’s been a series of things over a considerable period of time that I think the board has tried their best to work with Carol and Ron Asvestas, but it hasn’t been satisfactory. And in the last few months we’ve gotten complaints from the employees we got in the operations down there. And it was time, probably the best time, to take some positive actions to try to get this situation straighten down and I think we’ve been successful in doing that.
As opposed to Kristina Brunner’s lonely crusade in the past, this time it was a massive uprising and you decided to take action?
That was part of it… But, again, part of it also was the fact that I wasn’t obtaining information concerning the operation of the orphanage that I felt I was due as a board member.
That “information” includes, for example, the animal’s death certificates?
That was part of the problem, yes. I don’t know… Again, this is an ongoing thing because of the number of animals involved and the allegations that have been made. I don’t think they’ve been reconciled totally. I believe the veterinarian was working on that, but again, nothing has been accomplished or finalized on the records of the animals.
Do you want to add anything else?
I don’t know what are your plans based on my discussion with you, but I would like to say that everybody, employees and the board of directors at the orphanage, seem to be in an upbeat mood. I would hate to see some lawsuit destroy what we have accomplished in the last two weeks.
After Tammy Click, attorney for the Asvestases, sent responses on behalf of her client, I sent more questions to Matthes. The following are his written replies (my comments in brackets; third-person references were prepared, I assume, by Buck Benson, the new WAO lawyer, who was cc’d on the email I received from Matthes):
Was anybody present in person at the board meeting that ended with the suspension/firing of Ron and Carol, or was it a telephone meeting?
There were two (2) individual board members initially present at the initial meeting in which Carol and Ron were placed on Administrative Leave. Three (3) board members attended via a telephone conference call line. Our attorney at that time, Mr. [Eric] Turton [who no longer represents WAO but who represents Carol Asvestas in her libel suit against R.G. Griffing], was also physically present at the board meeting. It should be clearly understood that this meeting resulted in the unanimous vote to place Carol and Ron on Administrative Leave for 90 days without pay. At that point both Carol and Ron walked out of the meeting. It should be noted that one of the board members, Andrew Behaine, took the tapes that recorded the meeting and we have not been able to get them back, although our then-attorney [Eric Turton] indicated that he would see that they were returned. As a result, no minutes of this meeting are yet available. The board members were subsequently advised that Carol and Ron had left the meeting and had gone to the WAO office and were removing files, computers and other items from the WAO office. Law enforcement was called and responded. I believe a police report was made but I do not have a copy. As a result of the unlawful actions of Ron and Carol by removing company records, it was determined that there could well be obvious possible guilt reasons for their actions. Based on their actions, three (3) board members (a quorum) met in a conference call and voted to terminate, for cause, the employment of Carol and Ron. At that point Andrew Behaine and Chris Morton both tendered their resignation from the [board of directors].
Is it true that they didn't have a chance to ask the board the reason of their firing nor to defend themselves?
Ron and Carol were not given specific reasons for the action that ended in their being placed on Administrative Leave. Sumner Matthes advised them that the board had more than sufficient documentation from employees and the [Attorney General] to take our action. Mr. Matthes has been attempting to obtain a copy of the AG Listing that contains 607 pages of copies of complaints filed against the ASUS/WAO. This file was requested by Carol and was sent to her on January 10, 2008. I have been trying to get the WAO to provide me with a copy since that date. When asked about this file during the Administrative Leave meeting nobody seemed to know where the file was. Also it is well known that Carol and Ron have had serious domestic problems in the immediate past which the board felt did not have to be made public at that time, but were taken into consideration by the BOD in reaching the decision to place them on Administrative Leave.
Is it true that, prior to the board meeting, there was a “secret” conference call between the three members who voted in favor of the suspension and in favor of putting Nicole in charge?
To the best of my knowledge, there were no “secret” phone calls between board members prior to the initial meeting. Because of the severity of the subsequent actions of Ron and Carol, the (3) remaining board members certainly did discuss what action should be taken. A board meeting by telephone was then convened and the termination action was voted on unanimously.
Haven’t there been tours at Leslie Rd. before Nicole was in charge? Was there any insurance at Leslie Rd. in case a visitor gets injured?
I was surprised to read Click’s email accusing Nicole’s WAO of touring without a license or insurance. There have been tours at Leslie Road for many, many years. I do not know what the insurance status is for the Leslie Road property. This will be looked into by the board of directors and, if insurance coverage is not adequate, appropriate action will be taken to obtain proper insurance.
Posted by Kamikaze108 on 11/4/2009 2:36:09 PM
The WAO Files 6: Sumner Matthes.
By Enrique Lopetegui elopetegui@sacurrent.com
“Why are you calling me?” Sumner Matthes asked when I called him in early October, days after Carol and Ron Asvestas had been terminated and their daughter Nicole put in charge of WAO.
After examining hundreds of pages of public records related to WAO, I came to the conclusion that Matthes, WAO’s vice president, was often the most lucid voice in a disintegrating operation. I was curious to know why, after years of siding with WAO’s bosses, he eventually decided to join in the uprising.
In early October, Matthes spoke with us on the phone from Florida (where he resides) and later sent us additional answers via email.
Why am I calling you? You’re a member of the board, aren’t you? Yes, I am.
Going through public records, it seemed to me that you’ve been the voice of reason all along, and I thought you were a good person to call to help me make sense of the latest developments at WAO. And who are you with?
San Antonio Current… Well… I’ll talk to you a little bit… I might have to turn you back to our attorney, but I’ll give it a shot. What do you need?
The Asvestas claim that they were wrongfully terminated, because there were only three people at the board meeting where it was decided to terminate them, not five, as dictated by WAO’s by-laws. Yeah… I can tell you one thing: There were five members when we terminated them. Not “terminated,” but when we put them on administrative leave and then, subsequently, took action when they tried to remove equipment from the office. And that resolved into termination.
Why did the board decided to raise Ron and Carol’s salaries to $100,000, in the middle of an investigation by the USDA? It was voted upon… The reason it was done was… We reviewed other organizations, similar organizations throughout the country to determine how much the executive directors were being paid, and that felt that was the right amount.
But the raise took place in the middle of so many allegations. It sounds like a lot of money to me…
Depending on how you look at it, sir… It depends on what’s being done by the individuals who were given the pay raise at that time. You will probably find it not excessive at all.
Was the vote to suspend and terminate unanimous?
Yes, it was.
Couldn’t you have acted earlier? Why now? Didn’t you think the allegations were true before?
The allegations probably have a lot of true in them, I can’t say they were all true simply because I haven’t seen all of them. There is supposedly a 600-page list of allegations that the Attorney General gave to Carol Asvestas. I have attempted since that time, and that was months ago, to get a copy of them and nobody [gave them to me]. As far as doing what we did, I think we went over backwards trying to resolve this problem. I think a lot of the problems were due to the fact that they have a lot of personal problems that affected their running of the orphanage.
So far do you see any change with Nicole running WAO?
Absolutely. I think things are definitely changing for the better. In fact, I just got off the phone with people out of Talley Rd., just a couple of hours ago, asking them if the food situation now there has improved for the animals and they guaranteed and assured me: Yes it had. I have to credit that to Nicole’s diligence in getting that straightened out. I have heard nothing but positive things on Nicole since she’s taking over the operation as CEO. I have been in touch with her on a daily basis to determine if there are any real problems. There are a number of problems that she’s having personally with her family but, as far as the operation of the Wild Animal Orphanage, I think it has improved tremendously since she has taken over the job. As far as the lawsuit, I wasn’t aware of it.
Among other things, the Asvestases claim WAO owes them money.
Anything like that I’m sure it’s going to be a very long-term thing. There are many questions about how much money is owed to them. It’s not something I want to talk about because, if we’re going to be sued, we’ll have to bring it up in the courts. I’m very disappointed in the actions of the Asvestas to sue the board of directors, who did everything they possibly could to work with them and to make things better down there, and it didn’t happen.
Any examples?
I have been working with Carol Asvestas and Ron Asvestas, more Carol than Ron, for 13 years. I’ve been involved with the sanctuary down there for 13 years, and I kept finding things in the last couple years. Again, I think because of their personal problems, things were not getting accomplished. We were asking for the things that were not provided to us. We were asking for financial data, it did not get to us. As I said, that 600-page document that the Attorney General presented to them concerning the allegations that were being made by Ms. Brunner and others, as I understand it we were never able to determine who had it. In fact, at the last voting we asked about it and nobody seemed to
know where it was. So there’s been a series of things over a considerable period of time that I think the board has tried their best to work with Carol and Ron Asvestas, but it hasn’t been satisfactory. And in the last few months we’ve gotten complaints from the employees we got in the operations down there. And it was time, probably the best time, to take some positive actions to try to get this situation straighten down and I think we’ve been successful in doing that.
As opposed to Kristina Brunner’s lonely crusade in the past, this time it was a massive uprising and you decided to take action?
That was part of it… But, again, part of it also was the fact that I wasn’t obtaining information concerning the operation of the orphanage that I felt I was due as a board member.
That “information” includes, for example, the animal’s death certificates?
That was part of the problem, yes. I don’t know… Again, this is an ongoing thing because of the number of animals involved and the allegations that have been made. I don’t think they’ve been reconciled totally. I believe the veterinarian was working on that, but again, nothing has been accomplished or finalized on the records of the animals.
Do you want to add anything else?
I don’t know what are your plans based on my discussion with you, but I would like to say that everybody, employees and the board of directors at the orphanage, seem to be in an upbeat mood. I would hate to see some lawsuit destroy what we have accomplished in the last two weeks.
After Tammy Click, attorney for the Asvestases, sent responses on behalf of her client, I sent more questions to Matthes. The following are his written replies (my comments in brackets; third-person references were prepared, I assume, by Buck Benson, the new WAO lawyer, who was cc’d on the email I received from Matthes):
Was anybody present in person at the board meeting that ended with the suspension/firing of Ron and Carol, or was it a telephone meeting?
There were two (2) individual board members initially present at the initial meeting in which Carol and Ron were placed on Administrative Leave. Three (3) board members attended via a telephone conference call line. Our attorney at that time, Mr. [Eric] Turton [who no longer represents WAO but who represents Carol Asvestas in her libel suit against R.G. Griffing], was also physically present at the board meeting. It should be clearly understood that this meeting resulted in the unanimous vote to place Carol and Ron on Administrative Leave for 90 days without pay. At that point both Carol and Ron walked out of the meeting. It should be noted that one of the board members, Andrew Behaine, took the tapes that recorded the meeting and we have not been able to get them back, although our then-attorney [Eric Turton] indicated that he would see that they were returned. As a result, no minutes of this meeting are yet available. The board members were subsequently advised that Carol and Ron had left the meeting and had gone to the WAO office and were removing files, computers and other items from the WAO office. Law enforcement was called and responded. I believe a police report was made but I do not have a copy. As a result of the unlawful actions of Ron and Carol by removing company records, it was determined that there could well be obvious possible guilt reasons for their actions. Based on their actions, three (3) board members (a quorum) met in a conference call and voted to terminate, for cause, the employment of Carol and Ron. At that point Andrew Behaine and Chris Morton both tendered their resignation from the [board of directors].
Is it true that they didn't have a chance to ask the board the reason of their firing nor to defend themselves?
Ron and Carol were not given specific reasons for the action that ended in their being placed on Administrative Leave. Sumner Matthes advised them that the board had more than sufficient documentation from employees and the [Attorney General] to take our action. Mr. Matthes has been attempting to obtain a copy of the AG Listing that contains 607 pages of copies of complaints filed against the ASUS/WAO. This file was requested by Carol and was sent to her on January 10, 2008. I have been trying to get the WAO to provide me with a copy since that date. When asked about this file during the Administrative Leave meeting nobody seemed to know where the file was. Also it is well known that Carol and Ron have had serious domestic problems in the immediate past which the board felt did not have to be made public at that time, but were taken into consideration by the BOD in reaching the decision to place them on Administrative Leave.
Is it true that, prior to the board meeting, there was a “secret” conference call between the three members who voted in favor of the suspension and in favor of putting Nicole in charge?
To the best of my knowledge, there were no “secret” phone calls between board members prior to the initial meeting. Because of the severity of the subsequent actions of Ron and Carol, the (3) remaining board members certainly did discuss what action should be taken. A board meeting by telephone was then convened and the termination action was voted on unanimously.
Haven’t there been tours at Leslie Rd. before Nicole was in charge? Was there any insurance at Leslie Rd. in case a visitor gets injured?
I was surprised to read Click’s email accusing Nicole’s WAO of touring without a license or insurance. There have been tours at Leslie Road for many, many years. I do not know what the insurance status is for the Leslie Road property. This will be looked into by the board of directors and, if insurance coverage is not adequate, appropriate action will be taken to obtain proper insurance.
Posted by Kamikaze108 on 11/4/2009 2:36:09 PM
