Enough, let's see the books!

Would it be cheaper to farm out to trusted local staff for the flyaway rounds?

 

Looks good. After Roebling this weekend we can test it

 

But your personal expenses for getting pie shipped in from each region would skyrocket

 

I think someone should page "Swingline" to get in here and get to the bottom of this.

 

More than few people have asked to see the letter I sent to JU at RRW. I have been keeping it close to my vest for a while, but I do not know why, really. Here it is.

I wrote this before I learned of this latest law suit. I sent this to JU sometime around April 9 or 10. I am editing it now for his publication.

Of note here is the political track record of CMRA’s president, John Orchard. Since he’s been either vice-president or president of the CMRA, the organization has been sued three times. Either he is not as good as he thinks he is, or some people really hate how he runs a business. I think, if I were him, I would resign from the helm of the CMRA before the club is bankrupted. Imagine a club where racers could race without all the drama and costly sideshow.


- START -


April 9, 2018

On Lawsuits, Egos and Apathy

On April 1, 2018, I resigned my position as a Director on the Central Motorcycle Roadracing Association’s (CMRA) Board of Directors. I had grown increasingly tired of the drama, anger, hostility, egos and politics of it all.

Who am I? I am a 30 year member of the CMRA, having first joined the organization in October 1987 when it was still called the CRRC. All these consecutive years as a racer/member later, I am still here. In the midst of those years, I served two terms as a Director back to back from 2003 through 2007. In 2016, I was elected to a third term on the CMRA’s Board by an overwhelming number of the CMRA’s voting membership.

Over the years I have also worked for the CMRA as an official, serving as chief technical inspector and grid marshal from 2008 until early 2016. For a while, 2010 until sometime in early 2014, I think, I wrote many CMRA press releases and edited, authored and published the CMRA’s (now defunct) newsletter, and served in an unofficial capacity as one of the CMRA's photographers. I recruited my wife and daughters to cornerwork for the CMRA off and on over the years, as well. In fact, sometime around 2011, my eldest daughter started to travel with me to the events. At first she worked corners, but in a short time she, too, had joined the CMRA staff, serving as a manual scorer and working the merchandise booth, which she did until the early part of 2016. In 2015, as a teenager, she became a licensed CMRA roadracer, and I raced with her that season.

"So what?" you say? Well, I offer this background so you do not think I merely showed up yesterday and started bitching.

At the heart of the drama I referenced previously, is an ongoing lawsuit that the CMRA is involved with, a lawsuit filed by Peyton Inge, a former member of the CMRA. These days in the CMRA, Inge has become a polarizing figure. Inge has a lot of friends, but he also has a lot of enemies. Inge filed sued against the CMRA’s (then) Directors, the organization’s administrator, the race director, and one other CMRA member in December 2014. He alleges several things in his petition, including defamation and gross malfeasance. The defamation at the hands of some named in his lawsuit is pretty academic – all one has to do is read the publicly available discovery items on the court’s website, no tinfoil hat required. [Note: I say “some” because I can see in court records that not all of the named defendants participated in this behavior.] Frankly, I could not care less that Inge’s name is on his petition. He is just a guy I knew from the race track. I do not live near him nor do I hang out with him, and I never have. When I worked at the race track I knew just about everyone, so Inge was not particularly remarkable to me in that regard. I am, however, in favor of standing up for anyone who is mistreated by an organization’s leaders. No one, especially a person in a position of power, should have the right to fabricate stories or spin events in an effort to discredit someone else, even if that someone is a pain in the ass or a “terminal nonconformist”. It is clear that some of the defendants put personal vendettas in front of the needs of the CMRA, and put the CMRA at risk because of it. Behavior like this is careless and professionally unacceptable.

When it comes to Inge’s allegation of theft, however, things are not only less clear, but also where the story really gets interesting. Inge’s court documents show a pattern of what may be missing monies from the CMRA, and presents a thought-provoking and compelling story about how some defendants are tied to it. If it is truly missing, it is missing from the CMRA, which means it belonged to the membership. CMRA president, John Orchard, did not help matters, testifying that there were many bookkeeping and accounting issues within the CMRA during the years leading up to Inge’s lawsuit, admitting that missing money might be hard to see because of these deficiencies. No one twisted Orchard’s arm, he said those things on his own. Because of Orchard’s testimony I wanted to inspect the CMRA’s books and records, but I was refused and told there was nothing to see, that everything was fixed, and that even if something was amiss, there was nothing I could do about it anyway. There are plenty of financial items in the publicly available discovery documents that should be explained to the CMRA’s Board of Directors and to the membership, things that have cost the members money over the years, including credit card use that is, if it is what it appears to be, felonious in and of itself. I wanted to see more.

- CONTINUED -

 

As such, to try and understand these things better, in early 2017, I asked to see all of the CMRA’s financials, including any bank statements and point of sale receipts covering the years outlined in Inge’s lawsuit. I wanted to inspect all of these items in the same electronic format that was provided to him and the court so I could go line by line though his allegations and see for myself if he was full of shit or not. As an officer for the CMRA, it is a Director’s ethical obligation to look at these things. After all, is there any member of the CMRA who would prefer a Director to ignore financial information of the organization? I hope not; that would be reckless.

But I was refused these documents by the CMRA’s Board of Directors, most notably John Orchard. Orchard, it seems, is not only a defendant in the lawsuit, but also the gateway for all information about the suit. No information on the subject goes in or out of the Board of Directors without going through him. Sounds normal, right? Orchard repeatedly denied me this information with the excuse being a court order that the CMRA’s attorneys asked for before I was a member of the Board, a court order that seals this financial information. All the while, though, the defendants claim that what is inside these financial documents removes any cloud of suspicion and proves Inge is a crackpot. Excellent! May I see these things as presented to Inge and the court? No? Why? A court order? But Texas law states that all financial books and records of a non-profit organization must be made available upon request to virtually anybody who asks for them for any reason, and withholding this information is against the law.

Although the judge in this case did, in fact, issue a court order to seal the books and records, which is in conflict with state law as previously mentioned, this order applies only to the general public, not Directors for the organization. Neither the court order nor any rule of law prohibits any sitting Director from examining this information. When I asked the other Directors to support my push for this information, they all voted me down. In doing so the other Directors curiously admitted that they had never examined this information themselves, and were glad that they did not have to. Furthermore, they saw no need for me to see this information either. So even though they could not legally prevent me from having this information, they still refused to provide me with it. One could argue, and I did, that these Directors were not doing their fiduciary duty by ignoring this information. Of note, too, is that some of these Directors were around when a previous family controlled the CMRA for many years up until the very early 2000s, a group well-known for suspicious record keeping and for being overly secretive and evasive when the subject of financials for the organization was broached. These Directors still speak freely of the threat posed to the CMRA from that era, but do not seem to recognize that they appear to be doing a similar thing. In January of 2018, the Board tried to appease me by offering a portion of this information. It was incomplete and amounted to little more than profit/loss statements, excluding point of sale receipts and other key financial information, and was not in the same electronic format as provided to the court.

Refused by the Board, I then requested this financial information from the organization’s attorneys. The attorneys eventually told me they did not represent me, even though they claimed to represent the CMRA, and refused to provide me with this information. Of course, I am in indeed a member of the CMRA, and was, at the time I asked for this information, a sitting Director on the Board. When I asked them to provide a legal basis for their refusal, they punted and told me to ask the Board of Directors for the financial information, the same Board I was a member of.

- CONTINUED -

 

In October 2017, I appeared at an open court hearing in Dallas to ask the judge presiding over Inge’s case for the CMRA’s financial information. Illegally denied by others in the normal channels, I came to ask her for this financial data myself. The only reason I appeared in court that day was to ask her for the CMRA’s books and records provided in discovery, and again, legally, I cannot be denied. The judge, however, never acknowledged my presence. She did not deny me, she ignored me. Today this event is being twisted by some current and former CMRA Directors, and some defendants in the lawsuit, as “standing with the enemy against the CMRA”, which is garbage. I never would have gone to court if the Directors would have given me the financial information I am legally allowed to have, but the defendants and some of the current Board of Directors do not mind pointing fingers at others to deflect attention from them when it serves them. Also in the courtroom that day were not only some named defendants, which I expected, but oddly most of the other sitting Directors, the same Directors that had previously told me they not only did not care to see any of the financial information I was after, but were relieved that they did not have to see it. If they truly did not care, as they had told me, why were they there?

Of note in all of this is the apathy exhibited by many CMRA members. While, there are some members that are (confusingly to me) pissed off that I have been asking for what I was allowed to have anyway, believing for whatever reason that I should not have it, there is a larger number of members who simply do not care about any of this, and cannot be bothered by what goes on behind the scenes as long as they get to race. They could not care less about whether or not any of what Inge says is true as long as there is a place to unload a bike, get into leathers, put on a helmet and competitively drag a knee. Still others believe only what they have been told and have done little or no investigating for themselves, like the jurors in the classic movie 12 Angry Men. For some, this may not be wholly their fault. For example, some members are new to the club, joining the CMRA in only in the last two or three years. Being long-since booted from the CMRA, there is no Peyton Inge around any of the events to counterpoint anything said by anyone else. There are precious few Inge supporters left, as well, and fewer still that would fathom speaking up in this atmosphere. There is a schism, but only one side is present to speak of it, thus the whole subject has been watered down and slanted. It is obvious that this arrangement serves the defense well.

To that point, many have been told that Inge filed his suit because he was pissed off that he lost an election when he was running for the CMRA Board of Directors a few years back, and while that may or may not be true with regard to his motivation, there are several allegations in his petition that go far beyond rigging elections. In any event, a large number of racers do not seem to care about the issue whatsoever and only see the suit as an encumbrance to their racing. Interestingly, these same people will clog up Facebook and message boards with their anti-government bullshit and yet do not take one step towards making a government closer to home walk the straight and narrow. They accept it. To this end, many CMRA members have told me “Well, it’s broken, but I am just one guy. I can’t fix it, so I live with it. You can’t change those people, so what are you going to do? I don’t care.” And they continue to not care about how the CMRA ended up where it is as long the organization continues to hold races and wave checkered flags. They do not give a shit about piss-poor behavior from the CMRA’s leaders, behavior that has led to lawsuits and cost them money, as long as they there is a race schedule. They do not care about holding leaders accountable as long as there is a race next weekend. Long live apathy.

And then there is the long delay with it all. This case has crawled along in the courts at snail’s pace. To be sure there is a genuine benefit to some by kicking this can down the road. If you kick it long enough and far enough people will not remember what is in the can in the first place. Or remember to care. This can has been kicked a long time by a lot of attorneys and courts. Partly because of this, one myth that is floating about is that the court threw out Inge’s case in October 2017, calling his claims baseless and without merit. This is untrue. The judge ruled that Inge could not file suit against the CMRA because he is not a member of the organization. Being barred from filing a lawsuit, and having a lawsuit thrown out of court because it is found to be baseless and without merit, are very different things, and is another reason why I was interested in investigating it all. The judge did not say that what Inge alleges did not actually occur, she only said he could not bring suit. Thus, because of the judge’s odd ruling, I am even more curious to examine what went on behind the curtain. But Lord forbid someone wants to know.

- CONTINUED -

 

I find the judge’s ruling is curious on at least two fronts because Inge claims that the Directors named in his lawsuit kicked him out of the organization without following the rules set forth in the bylaws. Thus, if that is true, he is technically still a member. And maybe more importantly, if he was kicked out of the CMRA without processes outlined in the bylaws, this would be terribly poor form and an example of CMRA officers behaving badly. This would also mean that all a member-run organization needs to do to prevent any of its members from suing them for any reason is simply kick that member out of the organization. If you do not like someone, simply kick him out. He cannot sue you if he is not a member, right? Throw the sailors overboard. Also worth noting is that the judge had no precedent in case law when she made either of her rulings, which means that, sadly, these things have appeal written all over them, and I absolutely do not want the CMRA to incur the financial burden of an appeal. I do not think it could bear that. Thus, what remains in the courts today are Inge’s claims of defamation.

I believe one can learn a lot about an organization by how it treats those it does not like. But I have cut the cord and I have moved on. Like a CMRA Director before me, who also resigned because he did not care for the shenanigans, people-labeling and politics of it all, I have had enough of the bullshit. I am done with being labeled anti-CMRA because I demanded answers and wanted to hold others in the organization accountable for their actions. I am done with having Directors lie about me in an effort to remove me from my position as tech inspector and grid marshal (CMRA message board, March, 2016). I am done with watching Directors log onto the WERA message board, use profanity, and make posts using assumed names and fake accounts, and derogatorily attack others (WERA message board, April 2016). I am done with being refused entry into open meetings attended by other Directors (NOLA, March 2017). I am done with having petitions for my removal from the Board of Directors being circulated by other Directors (NOLA, March 2018). I am done with being perceived by defendants in the lawsuit as a threat to their personal security. I am done with Directors and employees of the CMRA using obscenities towards me and treating me with steadfast defiance because they are embroiled in a lawsuit that they helped create.

Directors for the CMRA have one job: to look after the CMRA. No Director has any obligation to look after any defendant’s well-being if that well-being is in conflict with the well-being of the CMRA. No Director has any obligation of self-preservation while serving on behalf of the CMRA. I tried to do what was best for the CMRA membership, even if some cannot (or simply refuse to) understand that concept. I do not feel bad about that. What is truly best for an organization is to hold people accountable, sometimes ask hard questions of them, and not operate on blind faith. What is best and what is most convenient for the CMRA are mutually exclusive things. Indeed, it is best to look into matters and demand answers, but doing so may not be convenient for others. I owed the CMRA membership that much.

/s/ Linz Leard
CMRA Expert #97

 

Wow...........I have no words at this point. Thank you for telling your story. Sad to see a racing org go through this kind of crap.

 

“CMRApresident, John Orchard, did not help matters, testifying that there were many bookkeeping and accounting issues within the CMRA during theyears leading up to Inge’s lawsuit, admitting that missing money mightbe hard to see because of these deficiencies. No one twisted Orchard’sarm, he said those things on his own.”

How can this be unless an organization or individual wants it to be this way.

There are generally accepted accounting practices that have been adapted basically, universally just for this reason.

There are IRS rules clearly spelled out for non profits and financial requirements.

There are club bylaws in place that further spell out processes and procedures dealing with club finances.

So, a disregard of financials has to be a deliberate action. It’s as shady as it gets. Something about Texas, ENRON and CMRA. .

 

No kidding. A good solid thirty year member going above and beyond to support a club and they treat him like this. Never mind the OP being a lifetime member and also being told to basically kick rocks.
The CMRA should be ashamed of itself and the other members should step up and start demanding a change. Why anyone would want to race with this shady org at this point is beyond me.

 

Well as one who has been on dirty end of Cmra i can say it gets ugly.
I have been trolled all over Wera BBS by members who do the dirty work for club.
I met Linz in 1990 at Oak Hill.
Can't say enough about his passion for Cmra and its members.
I know why i keep members informed on whats going on with lawsuit.
I take the heat so they can race without being harassed while doing something they love.
I know what its like to be at a race and visiting with people ive known long before i even raced and have them constantly looking around so no one will see us talking.
To watch an official follow me and wife around to keep tabs on who i talk too.
I feel the burden of that and know that if and when this goes to trial that Peyton will be vindicated and the truth will come out.
Thank you linz for sharing your struggles with this club.
Its members should come 1st.
And lets not forget Peytons fight as he has to put it all out there for this to come out.
He has really big shoulders folks
Not easy taking a stand as these men have.
But they have and its whats right.
Later

Steven

 

Hmmm....on the adminstrative side I am pretty sure I am savvy enough to help/do something someday. Done with treatment in July

 

To watch an official follow me and wife around to keep tabs on who i talktoo


Wow. Thats messed up

 

Maybe I am selfish, but I want to reiterate that my position in all of this is not really contingent upon Inge at all. No, I don't like what he was subjected to - I wouldn't like it if any member were subjected to that kind of crap - but that's not why I wanted to see the CMRA's financials. You could put anyone else's name on his petition and I would be just as curious about what was alleged in the petition. I wanted to see financials so I could do my own math and see if any of the stuff that was alleged looked like it might or might not add up. Early on in my Board term I imagined the day that the other Directors would simply say, "Here, Linz. Aside from a few small accounting holes here and there, which we have filled and will be happy to address, it's all here, man. See for yourself. Hit me up if you have any questions," instead of offering some fragmented information that was incomplete and difficult to assemble while shouting "WE CAN'T GIVE THIS TO YOU! THE COURT SAYS SO!", when the court, in fact, says no such thing. Then, in a week or two, after examination and when I didn't find anything glaringly amiss, I would have tossed that stuff in the shredder and would have been happy to shout it from the rooftop. But...no.

So, let me recap: Most* of the members of the CMRA Board of Directors in 2017 and 2018 said, and said it in writing, that they had never inspected any of the CMRA's financial information from the years that Inge said were jacked up, said they did not want to personally inspect this information, and voted that I should be denied this information, too, because of a court order that did not restrict me from having this information.

I don't know first-hand about Steve and his wife being shadowed, but I can tell you that absolutely there were CMRA racers and officials, too, that were warned by defendants in Inge's suit not to talk to me at races.

* I say "most" because two of the Directors were defendants at the time, and had already, I assume, seen the financials...and in the same format as the court already had, in fact.

 

Man, I really respect what you and Inge are doing. VERY WELL WRITTEN AND EXPLAINED.

I really hate cheating/dishonesty, but also hate drama. Not sure I could have done what you both are doing, but like to think I would have tried.

 

Thank you, Rob. It's important to know, however, that I am not affiliated with either Inge or Harding, and I have nothing to do with their respective lawsuits. In fact, I hate that they even have lawsuits. Inge already has the financials, by the way, he just cannot share them. And Harding has, I think, asked the CMRA for the financials before, maybe several times, and was denied.

My deal is separate but is related in the fact that as a Director, I knew I could not share the financials with others who were not on the Board, but I surely thought I would be allowed to review this information, however. But no.

 

Rob you are so right.
But linz has not been apart of either of the lawsuits.
Ive helped the members of Cmra keep up with whats going on with Peytons lawsuit because anyone ive met when i asked what their thoughts are would go F$$k Peyton.
Thats when i realized they knew nothing about case but the lies spread by staff and friends of Cmra.
Ive asked Linz his thought also and
What he wrote is same answer.
If Peyton is right then the BOD people who put club in this postion need to be gone asap.
If Peyton is wrong then that needs to be brought as well.
Linz side has always been for the Cmra clubs members.
I dont know the guy who filed this suit either.
To my knowledge ive never met the man.
And after the shit show on thread kill all the lawyers im staying low on here cause its all been said before.
I for one want to be in the court room for both these trials.
I want these people who created this mess gone and for people to see them for who they really are.
I want people to see why Peyton has sacrificed so much to fight for whats right and that no one else has to go through any of this for asking for answers to their questions.
Racing is about people and the challanges on track.
Not personal attacks and lies spread because you ask a question.
Its about having a nice fun time woth freinds and family.
Not what has been going on.

Steven

 

An ugly side to Harding's suit is that when he requests discovery information from the CMRA Board of Director's message board, he's going to get multiple threads showing where I was denied the financials in the form I asked for, a form that already exists and would have cost nothing for them to provide. He's going to get multiple threads that show I warned the other directors that we could be held personally liable for for bad decisions made while on the Board. Think about that for one second. Harding would get exactly ZERO threads if Orchard and the other Directors would have produced the financials to me and to the CMRA members as Texas law requires.

He's going to see a lot of hubris and arrogance at the expense of the CMRA racers who have to pick up the tab for yet another lawsuit. And that saddens me. It is one thing to say, "I can't be sued. I haven't done anything wrong," but quite another to say, "I'm willing to bet with other people's money that I won't be sued."

A conversation with a judge friend of mine one day went like this:

Me: You know, they still won't let me have the discovery financials.

Her: They do know they can be sued for that, right?

Me: I have told them several times. I am paranoid about that.

Her: You should consider resigning.

So I did.