During comments on non-agenda items at the May 15 special RSFA Board/Osuna Ranch Committee meeting, I raised the issue of Director Courtney LeBeau’s use of the membership list to refute charges against her in a mailing to the Association membership. Neither the author of the mailing nor its distributor is known.
I spoke with our Manager, Dominique Albrecht, who assured me that the forms for accessing the Association’s records and documents are used only for document requests and that Director LeBeau had messaged Brooke with her request. Dominique further stated that candidates can have access to the mailing list.
Highly Irregular Violation
All of this is highly irregular, and violates our published policies and procedures. It further appears to be an ethics violation in that Courtney LeBeau may have used her position as Director to have a very lax application of our written policies and procedures. In order to further her campaign for reelection she used Association staff for information. No other candidate has use of Association staff. They must follow our stated rules.
Pursuant to Rancho Santa Fe Association Election Rules:
No candidate or Member advocating a point of view shall be provided access to the Association’s media, newsletters or website during a campaign and no material shall be mailed by the Association.
The access to the Association’s membership shall be provided as permitted by §8330 of the California Corporations Code.
Pursuant to Policy and Procedure Regarding Access to Rancho Santa Fe Association Records and Documents:
Under Davis-Stirling and as published in our official documents: Members are entitled to inspect and copy membership lists (excluding email or telephone number), upon written request submitted by US Mail or email, to the Manager of the Association. Using the form entitled “Records and Documents Production Request Form.” The form is a three-page document wherein the requestor agrees that the records or documents will not be used for any unlawful purpose … or any other purpose not reasonably related to my interest as an owner of a building site.
Further, a candidate/requestor must provide a statement of purpose.
The requestor must sign the form under penalty of perjury, and it must be signed by whomever approved the request and the date.
Pursuant to California Corporations Code §8338(a) the membership list is a corporate asset. Without consent of the Board, the membership list may not be distributed. Nor may it be used for any purpose the user does not reasonably and in good faith believe will benefit the corporation.
A proper use for a candidate is, for example, sending campaign materials to other members.
Improper and Indefensible
Let us assume, despite the absence of any such change to our policies, that the Association allows access to members’ emails. There is still nothing to indicate that responding to an unknown post mailing refuting charges made, is a legitimate use of member’s emails that will benefit the Association. It seems rather that it is an unfair abuse of the mailing list to the benefit of Courtney Lebeau. Of course, we have no way of knowing what her stated purpose was because she used improper channels provided her by Association staff and avoided making any statement under penalty of perjury.
All of this is improper, indefensible and gives Courtney LeBeau an unfair advantage over other candidates. She should be stricken from the slate of candidates for abuse of her position and unethical behavior.
Sharon Ruhnau, a Covenant resident and former RSFA Board Director, also submitted this memo to the RSFA Board of Directors.