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   Author  Topic: Auction Items and Door Prizes  (Read 16409 times)
Margi
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Re: Auction Items and Door Prizes
« Reply #150 on: Apr 8th, 2005, 11:24am »
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on Apr 8th, 2005, 10:57am, Bob P wrote:
Don to Steve to Dave to Mark to Dan.  

 
reminds me of those commercials where the faces morph into the next one and they finish each other's sentences.  Makes you think you're losing your mind.  (not a long journey for me.  Roll Eyes)
 
And, Don.  Seriously,  it's "too", dammit.  I know we Canadians throw in an extra 'u' from time to time, but that doesn't mean all y'all are allowed to short change us on the 'o's.  
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Re: Auction Items and Door Prizes
« Reply #151 on: Apr 8th, 2005, 12:12pm »
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Just as a maybe "neither here nor there" comment:
 
When I first found this websight and was basically an outsider looking in, I had heard about OUCH and thought it a very ambitious undertaking with it's aim seemingly built on desire and passion.  Not only was there this websight for cluster headaches, this group of people who had met here had come together enough in harmony to actually organize an initiative to fight back and take on the beast, reaching out and bringing awareness to the world and garnering help for the suffering on the board beyond what we would be able to do amongst themselves.  I was impressed.  Mightily impressed.  
  In a small way at that time, I wanted to say how much I admired this truly inspiring aspiration.  I wanted to wear a t-shirt that represented this group I was so proud of finding.  They were truly a David to the Goliath.    
  I contacted Bob P very shortly after signing on and the immediate personal response was surprising.  Without him knowing me at all, I wrote a personal check.  Two days later the shirt arrived.  He had not even received the check from a complete stranger or cashed it, the two had passed in the mail.  Impressed and endeared further, YES.    
  I didn't join at the time because I came and went a lot and felt I certainly didn't have squat for knowledge to contribute but wore my t-shirt.  Nobody knew what the hell the logo meant, but I did.  It meant GUTS and INSPIRATION of an IMPRESSIVE nature to me.  
  Upon a third return to the board, I saw a "what the hell happened" OUCH.  I joined, but not because of the situation that was brewing at that time, but because I remembered the admiration and respect that simply grabbed me by what I had previously experienced and perceived about OUCH as one of the most inspiring notions I have ever come across.  That is the image that is emblazed in my mind forever and will not be tarnished, EVER.  But now I wear my new OUCH sweatshirt, simply because it is warm, for now.
 
Thanks Bob P, and several other names that I've known that kept that initial reflection alive.
 
 
Kevin M
« Last Edit: Apr 8th, 2005, 3:40pm by Kevin_M » IP Logged
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Re: Auction Items and Door Prizes
« Reply #152 on: Apr 8th, 2005, 12:18pm »
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Quote:
y'all

 
Must be from South Canada. Where the seals are seals and everybody wants to eat them.
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Re: Auction Items and Door Prizes
« Reply #153 on: Apr 8th, 2005, 12:28pm »
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see now, Don, here I was setting up for a real lump in my throat session from Kevin's post.  Wow, Kevin, you really captured the original spirit of OUCH.  Thank you!
 
and then Don had to go and spoil it all with his seal fetish.  He's a little strange that way.
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Re: Auction Items and Door Prizes
« Reply #154 on: Apr 8th, 2005, 12:41pm »
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All passion will cease immediately acording to new CORPORATE policy.
 
Big Brother.
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Re: Auction Items and Door Prizes
« Reply #155 on: Apr 8th, 2005, 12:47pm »
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Quote:
Who's asking for weekly or daily statements?  I realize you are brand new with OUCH, Purpleydog, but just so you know?  There hasn't been statements since May, 2004.  Even quarterly statements would be appreciated at this point.

 
That is being worked on as we speak.  The organization is being brought into compliance. I am not pointing any fingers. But, blame cannot be placed on a board that most were not members of back then. The compliance issue is being worked on as quickly as possible. But, again, it will take a little time to resolve.
 
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Re: Auction Items and Door Prizes
« Reply #156 on: Apr 8th, 2005, 12:47pm »
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on Apr 8th, 2005, 12:28pm, Margi wrote:
and then Don...
He's a little strange...

 
 
No argument Margi, but definitely strange enough to be one of these:
Quote:
names that I've known that kept that initial reflection alive.
 
 
Kevin M  
 
*spelled your name wrong, "strange enough" Margi,  Kiss
« Last Edit: Apr 8th, 2005, 1:03pm by Kevin_M » IP Logged
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Re: Auction Items and Door Prizes
« Reply #157 on: Apr 8th, 2005, 12:59pm »
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Amen, Kevin.
 
I personally nominated the man to be president.  But don't tell him, ok?  wouldn't want his head to swell or anything.
Wink
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Re: Auction Items and Door Prizes
« Reply #158 on: Apr 8th, 2005, 1:21pm »
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Quote:
The compliance issue is being worked on as quickly as possible.

May I ask exactly what is not in compliance?
 
I think my major unrest in this all stems from:
 
At the Atlanta Convention, John Graham, from OUCH UK, spoke about how the members are our greatest asset as an organization.  Access to a large database of sufferers will interest the medical community.  Numerous talents and  ideas are to be had from the members.  Members, members, members above all else.
 
Now the members are told to butt out.  The BoD will run the organization the way they want and tough patooties if the members want something else.  In fact, they'll take what they are doing behind closed doors so the members can't comment on it (as the Pres. has told us numerous times, he is not going to discuss anything with the members until the BoD has decided on it).
 
Somehow the BoD has gotten the idea that OUCH is their organization and are leaving the members out.
« Last Edit: Apr 8th, 2005, 1:22pm by Bob P » IP Logged

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Re: Auction Items and Door Prizes
« Reply #159 on: Apr 8th, 2005, 2:06pm »
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Quote:
May I ask exactly what is not in compliance?

 
Yes Bob, of course you may ask.  
 
The following is a summary from the attorney OUCH has hired to examine it's current legal status.
 
First, the issues present to the attorney.
Quote:
1) Proper method to amend by-laws.
 
2) Documents necessary or advisable before using video offered by a member.
 
3) Concerns about local ‘chapters’ that would be under the national OUCH umbrella.
 
4) Concerns about what is posted on the OUCH website and the need for disclaimers.
 
5) Guidelines for organizations activities (i.e. PR releases, marketing efforts, videos, etc)
 
6) Issues dealing with providing information concerning illegal drugs and offering medical equipment.
 

 
Now the opinions....
Quote:
First, it is clear that the by-laws contain some inconsistencies and include provisions that should not be included, specifically the provision naming a registered agent. Texas law requires every corporation to name a registered agent and the statute requires naming a new agent when one resigns whether or not the by-laws are amended. Therefore, state law would pre-empt the by-laws on this matter and no mention of the change need be made in the by-laws. The provision setting out the method of amending by-laws is clearly ambiguous and should be changed.
 
 
 
The second issue that is easily addressed is the consideration of local ‘chapters’ under the national umbrella. At this time I would recommend against OUCH recognizing any such chapters because the corporation might need to have a registered agent in every state where such a chapter existed. Also, each state has unique legal requirements and the corporation would have to consult legal counsel in each state in which it did business. Nonetheless, just as the corporation provides links to other entities that have information about or provide services to cluster headache sufferers, a link to local support groups could be added to the website.
 
 
 
Regarding the issue of whether HIPPA applies to the video offered by **** ****** it is our opinion that HIPPA does not apply. HIPPA applies to a) health plans; b) health care clearing houses; and c) health care providers. A care clearing house is defined as ‘a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements.’ OU”CH is not an entity that could be classified as one of the three types of entities that are governed by HIPPA.
 
 
 
At this time I would suggest the following legal services:
 
1) Completely review and propose recommended amendments to the current by-laws and the method by which they should be amended under the current by-laws.
 
2) Drafting an acceptable use agreement between OUCH and **** ****** for the video you wish to take possession of and use.
 
3) Review and prepare disclaimers specific to items included on the website, specifically tailored to the issues concerning listing doctors and medical treatments.
 
4) Consult with board members and make recommendations regarding check signing.
 
5) Researching and preparing recommendations for organization’s activities (i.e., press releases, obtaining and using videos from members, marketing efforts, etc.
 
6) Review and make recommendations regarding material included on website – I have some concerns about some of the information on the site that provides specific instructions for how to administer medical treatment (oxygen and Imitrex).”
 

 
The issue of the corporate book.
Quote:
“Additionally, I do not know whether OUCH has complied with all the legal requirements of a corporation, especially notice requirements. I would need to examine the corporate book – minutes, calls, etc – to determine whether it is in compliance. In our experience, we have found that many corporations have not complied with all notice requirements and other formalities. If OUCH is in compliance this may not be an area where legal assistance is required. However, if there is any concern that the corporation has not followed the formalities, you may want to consider having us review the corporate books.”
 

 
There is not, to my knowledge, a corporate book. This is a problem that needs to be addressed as well.  
 
This in a nutshell is what needs to be worked on.  
 
I hope this has been helpful.
 
As for members being told to butt out, I for one have had my personal email and PM box open to anyone that wishes me to address concerns. Save for 2 people, no one has contacted me concerning anything about the day to day running of OUCH. While I would be the first to admit, I do not hold all the answers, I'm here everyday.
 
Bill
 
(video owner's name has been removed because I do not have his expressed permission to post it here)
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Re: Auction Items and Door Prizes
« Reply #160 on: Apr 8th, 2005, 2:17pm »
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Thank you Bill.  I really appreciate your sharing that.
 
I can tell you that up through my tenure there was no corporate book (I understand this to be a compilation of calls to meetings, minutes, filings, major corporate activites).  I saved an awful lot of stuff to my hard drive back in those days and it has since been backed up on cd and deleted from drive.  Let me know if you are looking for something in particular and I'll see if I have anything of use.
 
Sounds like someone has to dig through the cardboard box and put all that stuff in one place.  We didn't call ourselves a grass roots org for nothing.
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Re: Auction Items and Door Prizes
« Reply #161 on: Apr 8th, 2005, 2:48pm »
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A big shout of THANKS to all who give/have given their time, energies, and hearts!!!
 
THANKS!
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Re: Auction Items and Door Prizes
« Reply #162 on: Apr 8th, 2005, 2:51pm »
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Thanks from me, too, Bill for posting that here.  See, I think doing this kind of stuff will restore faith in OUCH, no matter the composition of the administration.  I think, by and large, we do trust who's ever at the helm.  We just want to know what we are trusting you WITH.  Is that so wrong?
 
I still don't understand why things have to be kept in email or PM though.  If you want to keep a good paper trail and stay in compliance, it's much easier to store things centrally such as on a message board.
 
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Re: Auction Items and Door Prizes
« Reply #163 on: Apr 8th, 2005, 3:05pm »
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Bill,
 
Ya beat me to it!!   I signed on to post the same info..LOL
 
To the members:
 
I am not going to participate in slamming or bashing previous officers or BoD of OUCH.   This is not productive.   After reading this for days....it saddens me.  I took a position on the BoD 'cause I thought I could make a difference.   I have not accomplished that.
 
Emotions have run rampant.   Words have spewed, and feelings have been hurt.   We all have different personalities, and we know....that it is totally impossible to be everything we want to be, to so many people.
 
A question was asked.....and not answered.   The end result was disastrous.
 
I want to say.....that I think Margi is a great person, and has been here to offer her support for years.  It's sad to see her so upset.   I have never met her....but feel as though I have known her for years.   Irregardless of how anyone else feels about her....she was not treated fairly.
 
BobP has dedicated endless hours to OUCH.  I have never met him...nor have I ever spoken to him.   Most of what I have heard about him...is hearsay.   However, if you get into the archives...you surely will see that he donated lots of time.   He deserves some similance of respect, even if you don't agree with him.
 
I do not agree with the way some things have been done, but I have tried to remain neutral.   I have CH and I want a cure.  I doubt that this will come in my lifetime...but if just one thing we do accomplishes this, then it will have been worth the effort.
 
I am not speaking for the entire BoD.....just for myself.  Therefore, if I offend anyone, please refrain from taking it out on the rest of the BoD, or Officers.
 
If you read the post Bill made above...you'll see what the holdup has been on everything.   We had an Attorney in Austin....but they apparently were too busy to help us.   They left us hanging for 2 or 3 months.  Steve (not4) found another attorney, and the correspondence above, is from our current Counsel.
 
Compliance is our biggest issue.   According to Counsel, and going by what they have asked, if we currently are without a Corporate Book, we are not in compliance.  Therefore, all minutes from the inception of OUCH have to be found and submitted for the Corporate Book.  This is not something the Attorney is doing....(creating the Book), but is being gathered and recorded by the BoD.  The fee for Counsel, $150.00 per hour, is very reasonable.   The first firm was getting $250.00 per hour.   Luckily, we had no obligation to that firm.
 
In order to receive sizeable grants...we need the compliance issues settled.   I am of the opinion that once in compliance, we would not need to use the services of Counsel on a regular basis.  If I am wrong about this, someone please correct me.
 
I will ask, that we all come together and try to settle our differences, and move on to the business at hand.
 
It is frustrating...and I very much understand the members wanting some sort of report.   It just seems that until Counsel gets what they need, we are at a bit of a standstill.   I think we thought it wouldn't take as much time to get the compliance issues settled.
 
The opinions stated are my personal opinions and feelings, and in no way reflect the opinion, thoughts, or feelings of the remaining BoD and/or Officers.
 
Jean
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Re: Auction Items and Door Prizes
« Reply #164 on: Apr 8th, 2005, 3:09pm »
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Thank you so much for the updates, the work you're doing, and the kindness in your communications, Bill and Jean.
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Re: Auction Items and Door Prizes
« Reply #165 on: Apr 8th, 2005, 3:11pm »
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Bill,
 
The theory is proven correct. Smiley  Just having the info...any straightforward info...generally will bring a much more positive response. Smiley
 
Thanks for posting that and keep hanging in there!
 
Lizzie Smiley
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Re: Auction Items and Door Prizes
« Reply #166 on: Apr 8th, 2005, 3:17pm »
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Jean, thank you SO much for your kind words.  I really am ok - seeing this posted here has helped IMMENSELY.  My needs are simple as an OUCH member.  I don't want to drive anymore, but I would enjoy to still be able to watch the scenery as we go along.  It's when the curtains get shut that I become a backseat driver.
 
For what it's worth, though, a corporate book CAN be compiled without the use of an attorney - I've just done one here for the Texas-owned company that I work for.  Yep, I work for a Texas org. - we are a wholly owned subsidiary here.   Same laws govern us, even though we're not a NFP org.  It's not the law that you have to use a lawyer.  They just want you to think that way.  Wink  Lawyers WILL charge exorbidant hourly fees for the simplest of tasks.  I think they promise that to each other in law school.   Roll Eyes
 
Nope, not trying to steer - just offering some of my own personal business experience here.  
 
Once again, Jean - thanks for your heartfelt words here.  You rock, lady. Kiss
 
edited to respell "subsidiary" and I'm still not sure if it's right!  I hate that word! Roll Eyes
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Re: Auction Items and Door Prizes
« Reply #167 on: Apr 8th, 2005, 3:18pm »
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Thank you Bill and Jean.  Smiley
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Re: Auction Items and Door Prizes
« Reply #168 on: Apr 8th, 2005, 3:22pm »
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Hey yall here is a new one for ya here is MY number for all to see so if you want to talk call me
 
931-762-3418 Anytime and rem. Im on Centeral time. Smiley
 
Im only doing this for those that do give a shit and want to TALK not debate the issues at hand. Yea Im nuts but what do I have to loose at this point!! NOT A DAMN THING!!!
Leesa  Grin
 
PS: Bill and Jean THANK YOU!!!!!! Yall done good.  
Margi, did I forget an O anywhere.  Wink
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Re: Auction Items and Door Prizes
« Reply #169 on: Apr 8th, 2005, 3:35pm »
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on Apr 8th, 2005, 3:22pm, Leesa wrote:
Margi, did I forget an O anywhere.  Wink

 
um, nope.  But that sure is a funky way to spell "Leesa".  Wink
 
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Re: Auction Items and Door Prizes
« Reply #170 on: Apr 8th, 2005, 3:36pm »
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on Apr 8th, 2005, 2:17pm, Bob P wrote:
Thank you Bill.  I really appreciate your sharing that.
 

 
You are quite welcome.
 
Quote:
I can tell you that up through my tenure there was no corporate book (I understand this to be a compilation of calls to meetings, minutes, filings, major corporate activites).  I saved an awful lot of stuff to my hard drive back in those days and it has since been backed up on cd and deleted from drive.  Let me know if you are looking for something in particular and I'll see if I have anything of use.

 
That is my understand of a corporate book as well. Anything you may have concerning these items would be of great help to those that are/will be putting this information together.  
 
Quote:
Sounds like someone has to dig through the cardboard box and put all that stuff in one place.

A rather cumbersome task to say the least, but needed.  
 
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Re: Auction Items and Door Prizes
« Reply #171 on: Apr 8th, 2005, 3:51pm »
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Thank you Bill & Jean......great and informative posts.
 
This type of communication will go a long way to further the cause.  
 
Again.......thank you both
 
Jacks Cool
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Re: Auction Items and Door Prizes
« Reply #172 on: Apr 8th, 2005, 3:58pm »
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on Apr 8th, 2005, 2:51pm, Margi wrote:
I still don't understand why things have to be kept in email or PM though.  If you want to keep a good paper trail and stay in compliance, it's much easier to store things centrally such as on a message board.
 

 
Margi....
 
Things to do not HAVE to be kept in email or PM. To be honest, as much as I am here, I still don't read everything that is posted. If someone has a question and pm's or emails, I for one, am sure to see it. Being PM'd, also lets me know that at response from ME is wanted.  
 
I also want to make sure that when someone asks a question, they get an answer, even if it is "I don't have a clue, but I'll TRY to find out.", without a thread hijack. Sometimes when that happens the original question, and answer gets lost in the shuffle.
 
I hope this helps explain why I prefer PM's. If someone wants a public response, I'd do my best to post an answer on the boards.
 
Bill
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Re: Auction Items and Door Prizes
« Reply #173 on: Apr 8th, 2005, 4:03pm »
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on Apr 8th, 2005, 3:17pm, Margi wrote:
For what it's worth, though, a corporate book CAN be compiled without the use of an attorney - I've just done one here for the Texas-owned company that I work for.  Yep, I work for a Texas org. - we are a wholly owned subsidiary here.   Same laws govern us, even though we're not a NFP org.  It's not the law that you have to use a lawyer.  They just want you to think that way.  Wink  Lawyers WILL charge exorbidant hourly fees for the simplest of tasks.  I think they promise that to each other in law school.   Roll Eyes
 

 
 
MArgi,  
 
My understanding is that the book will be assembled by OUCH people, not the attorney. I believe the attorney just wanted to review it to make sure it conformed to the standard.
 
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Re: Auction Items and Door Prizes
« Reply #174 on: Apr 8th, 2005, 4:10pm »
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thanks for answering my questions, Bill.  
 
I think, in the early days, Barb was able to find state compliance regulations as they related to setting up a non-profit orgs either from the books in her office (she's an accountant) or from the internet.  Might be worth investigating.
 
I know it's not my business as to whether OUCH uses a lawyers' services or not, I just have an allergy to their charges (sorry to any lawyers in the audience).  Guess I'm more of a do-it-yourselfer.  Just my opinion and certainly not a slam.
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