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Wednesday, March 10, 2010

March 13 2010

I finally filed the Petition and Affidavit in the Supreme Court for an Order to allow me access to information which should have been given to me as a director. If you want to read the text please email and I will send you an attachment. audreylaferriere@yahoo.ca.

March 10, 2010. This past week I have been researching and drafting out a Petition and Affidavit to be heard in the Supreme Court of British Columbia. It has been an onerous task. What I am asking for is that I be granted powers of discovery of documents and personnel that are but not limited to the powers given to an auditor as defined in the Society Act. Since a director is suppose to be a "policeman" this should be easy for a judge to grant. It will be a bit hard for him to disagree. Many societies do not have auditors so it is logical that this power be given to directors severally apart from a Board. In that way at least with a Board of ten members at least there is a ten percent probability that one person will do an audit for his own personal diligence. An audit is simple. You take one piece of paper and you follow its history within an organization and question each piece until you are satisfied that everything is in order. Or else you come across a broken piece of tile. DERAH recently replaced the lobby flooring in the Tellier Tower building. I noticed a lose piece of flooring tile which surprised me. The tile also reminded me of tile I had in my workplace which was extremely difficult to clean. I also wondered why the tile was not glued to the floor; the glue was not applied properly. The tiles absorbed everything and it was impossible to keep clean. I asked a few questions of staff and I was told that Russ Cunningham had installed it. I then went to Home Depot with the small broken tile and was told that it sold for $1.00 a tile. If I had access to the invoice for the flooring I would check to see if the tile installed was priced at $1.00 a tile. This is how easy it is to do an audit. It isn't difficult. Why audits are required is for funders. However, auditors are like everyone else who work: they do as little as possible for the greatest wage. They rely on and even state so in their financial statements that they rely on management for their data. So if Kim Kerr approves of an invoice, an auditor would not question it unless maybe it was completely out-of-line as an auditor only wants to make sure the financial statements are consistent with accounting rules. Unless an auditor is hired otherwise, the auditor does not investigate for fraud. Fraud is usually detected by employees who report it to senior management. However, an employee has to be careful as such reporting may cause him to be fired for being a whistle blowing or going beyond his job description. What I would like to do is see the invoice for the flooring and determine to my satisfaction if the price invoiced was reasonable. Since I wasn't given access to invoices, I asked another director, Alex Burnip, who is a friend of Kim's, to look into the pricing. Alex never got back to me.

Wednesday, February 24, 2010

General Meeting Thursday February 25 2010

Today is Thursday 04 March 2008 I spent the past week trying to find a way to proceed with these matters though the courts. It is really time consuming. There is very very little case law about societies so this is virgin territory. Since societies are created in the public interest, then the public should not be shut out of anything i.e. everything should be transparent. No one should be afraid of or be intimidated from asking questions. Charitable societies exist with taxpayer money and everyone of us should be overlooking what societies are doing. DERA has created an organization that is one to itself with no checks and balances from the public or even from a concerned director. Forget about auditors as every bankrupt corporation and society have all had auditors.

This past week three residents of the area went to the offices of DERA and were told that DERA was not accepting new memberships. Last year 2009 just before the annual general meeting in April four residents of the DTES tried to renew their memberships and Kim refused to do so. These residents then went to a lawyer and started legal proceedings. Kim then instructed an employee to give the members their renewed membership cards.

I understand that ten years ago DERA had a membership of 4,500 and it was computerized. When I asked the secretary of DERA, Pat McSherry, for a copy of the membership list, as she is responsible for it under the Society Act, she said that the executive director Kim Kerr controlled the list and he decided who are to be members. According to the Constitution and By-laws that isn't the way it is suppose to be. Every resident in the DTES is a members of DERA. A membership card is a means of identification only. And when I asked Sister Elizabeth Kelliher, the president, for a membership list, she told me that directors were not allowed access to it. So who is suppose to have access to it. Like my friend would say, wonderful, wonderful, wonderful.

One thing for sure is that the next annual general meeting should be void because of this. How are the members to know about the annual general meeting when only fifteen members are notified. Although there is some confusion over notice, all reputable societies like PIVOT send a notice to every member and also send a notice to every member asking those members who would like to run for a directorship. DERA can't just create a bylaw so it conforms to a loophole in the Society Act. The Society Act says that members have to be given written notice but it does not say that each member has to be mailed a written notice. So what does DERA do. It posts a letter-sized poster on its windows. As my friend would say, wonderful, wonderful, wonderful.

The Board or the membership does not have to stand for this. To be fair and credible, the Board should mail a notice to everyone on the membership list as it is obvious the intend of the legislation was that each member be notified by mail. If you agree phone DERA: 604-682-0931.

I attended the meeting with a few supporters. I thank them for coming. Only the Board director, Chris Slater, attended. The Board has no respect for the membership. The meeting was cancelled without notice or else the President, Elizabeth Kellihier, decided to move it to another location so that no one except the members of the Board attended. What contempt the Board shows to the DTES community. DERA no longer speaks for the community; maybe it never has. Nothing comes to mind it can assign credit to. The general population thinks that the Society Act protects the public; not so. DERA can continue to do whatever it wants even the funders do nothing saying that they are not interested in the day-to-day operations. How can funders give $millions of taxpayers money to societies and then say that they are not interested in what happens. It is like giving money to the mafia.

There will be a general meeting open to all the members of DERA/DERAH this coming Thursday February 25 2010 at 6:30 at Solheim Place, 251 Union Street, Vancouver (Main/Gore/Union)(north side of Georgia Viaduct). The membership is open to all residents of the DTES.

All those members who are interested please attend and ask why isn't DERA accepting new memberships.

Also DERAHousing's final date of revocation Revenue Canada is April 26, 2010, at which time DERAH will no longer be tax exempt, will be subject to fines, and will be subject to a tax which is 100% of the fair market value of its assets. This may not be very important to Kim Kerr or the Board but it should be important for the members(the DTES community) and those that donate monies to DERAH.

Although I was illegally impeached from the DERA Board, I am still a director of DERAHousing and will be attending the meeting on February 25 2010. Apparently there isn't anything I can do about being illegally impeached unless I go to Court which is time consuming as well as $expensive. At the impeachment meeting I presented two legal opinions as to why the meeting was invalid, no one wated to listen to them. So if you are poor a Board can act illegally and get away with it. DERA represents the poor and yet it takes away the legal rights of the poor when it suits them. A typical tactic of poverty pimps. The poor stealing from the poor.

Contrary to Kim Kerr and his cheerleaders, I am not interested in DERA as much as I am interested in DERAHousing as that is where the big money is.

Friday, February 12, 2010

Lost 12 February 2010 Impeachment but will appeal

If there is anything incorrect in the blogs, please advise; otherwise, it stays as true.

DERA thinks it is above the law

Unfortunately I lost the impeachment by one vote. Considering the meeting happened the same time as the opening ceremonies for the Olympics I did not expect too many people to show up, if any. Since DERA erred in its process to impeach I will be able to appeal the decision. I presented two legal opinions to show that the meeting was invalid but the members didn't even consider them. DERA did not give me a written complaint of my alledged minor misdeeds they just read it off a piece of paper which was not given to me. I tried to explain some but denied most. The members did not want to listen to me they only wanted to vote. By not following legal governance DERA should be afraid that the BC government will cancel its charter to be a non-profit. At this point in time DERA is three years late in its provincial filings so it has been red flagged by the government. Already DERAH has had its federal charitable status revoked.

Friday, January 29, 2010

Impeachment 12 February 2010

IMPEACMENT 6:00 pm 251 Solheim Place, 9th floor, 251 Union Street, Vancouver, B.C.
(Union is beteen Gore and Main next to Georgia viaduct Hastings side) 12 February 2010 Friday If you are a resident of the DTES, please attend.

Directors of DERA/DERAH: Sister Elizabeth Kelliher, Susan Neeves, Julie Rogers, Pat McSherry, Chris Slater, Jill Chelliar, Elvis Houle, Peter Golletz, Alex Burnip, Audrey Laferriere

For those of you who are questioning why I am even bothering with DERA is because of the proposed new Society Act. The new proposed Act ensures that Boards can continue to be dysfunctional and be composed of those with past and present histories of addiction, criminal conviction, mental illness and psycopathic behavior and these are the people funders listen to. And the funders are you the taxpayers. No one is outthere lobbying for a radical analysis of the proposed new Society Act. The BCLI that wrote a draft of the law have recommended that Societies be put on par with corporations which is stupid. A society's bottom line is not profit.

I was summoned to a hastily called extraordinary meeting of DERA yesteday evening and was advised that I was going to be impeached on February 12 2010. I told the Board that the process was illegal and I wanted to see the written process and was told that they did not have to show it to me. I cannot believe the viciousness of each of the directors that were at the meeting. It was as if I was a Salem witch and I have to be burned at the stake for daring to expose the Board as dysfunctional.

I find it incredulous. The only thing they complained was that I had talked to the funders which I did when I asked for information because Kim and the Board would not give me access to any financial information and I wanted the funders to give me the information they had so I could try to piece together whatever is going on at DERA. What did the Board expect me to do. Legally as a director I have to know what is going on and I must do everything possible to secure information from whatever means possible. However I was never given any formal documentation so I do not know what my crime is.

The best I can tell the Board is going to illegally impeach me and I will have to go to court to have it overturned. And they know that I do not have the money to do this. Years ago the Board impeached a woman and when she went to the next directors meeting saying that the impeachment was illegal the bullies of DERA physically forced her out of the meeting. After that she said to hell with DERA and walked.

At my inquisition yesterday I was asked why did I want to remain a director of DERA as obviously the Board does not want me on it. I told them it had nothing to do with the Board as the Board did not elect me. I was elected by the members and I am responsible to the members.

I have never accused anyone of fraud. What I have done is accuse DERA of corruption. Corruption means not doing things properly.

So if you live in the DTES go to DERA get a membership or renew your membership and attend the impeachment 12 February 2010 and vote against the impeachment. If you have some problem with getting a membership let me know.

Remember nothing is going to change at DERA unless the membership gets involved. The Law Foundation and BC Housing is not going to get involved with the day-to-day operations of DERA. Their function is only to give monies and hopefully the money is spent the way it should. Neither of them do forsenic auditing; they only do cursory overviews and depend on DERA's longtime auditor who was part of DERA years ago when DERA had problems, she just deals directly with Kim and her real job is to make sure that DERA looks good as she neglects to mention things in the financial statements which I think are relevant, then the funders talk to the E/D and Sister Elizabeth, Kim Kerr says everything is fine and it is left at that. I was told that the funders won't do anything until after the fact and when it is too late. So the taxpayer pays for gross mismanagement and needless suffering of employees and the 500 tenants DERA oversees in its social housing towers which social rentals towers would cost $60 million to replace.

Copy of email sent to Sister Elizabeth yesterday.

I was again reading the constitution. It is so fucked up there is no clear distinction of what an ordinary resolution and a special resolution is. In any event, the Board cannot instigate an impeachment. It has to be done by the members by a written requisition. Then and only then can you call a meeting to consider an impeachment. So the meeting you are calling on Thursday January 28 2010 is illegal.

In any event, whatever you are trying to do will not stand up in court as I have to have a list of all the members because for me not to have a membership list puts me at a disadvantage which means you will fail when I contest this in court. Since the Board and the E/D has refused me the membership list you are dead in the water.

Like I said before just give me all the information I need to satisfy myself that DERA/DERAH is being best managed and I will be the first to apologize for thinking DERA/DERAH and everyone associated with them are corrupt. Corruption does not have to be inferred as illegal; it also infers moral corruption.

Every time I think about what David and Jill got away with for so many years -- stealing money from the poor by not paying their fair rent angers me -- especially when I know people out there who are totally disabled are paying 80% of their income to rent on a $1,000 disability and both these young people have paid a pittance and they still owe back rent. Are they being billed for their deception or is the Board just never going to discuss it and it will be forgotten. This extra rental money should be used for additional housing not for buying a SUV.

I will never forget the betrayal of both Jill and Dave who professed that they were the Anti-Proverty Committee. Are they going to be held accountable for their dishonesty and to think that Jill is a director of DERA/DERAH and they still are not declaring their real incomes. Both of them should be in jail. Earning $100,000 in one year (Jill was earning $35.00 per hour and Dave was working at $18.00 per hour) and paying $300 a month rent living in a three bedroom subsidized DERAH apartment is "criminal" and the Board is allowing them to continue their dishonesty because this isn't their job it is the job of the E/D. The E/D does not enforce the 1/3 gross rental policy to establish a monthly rent. And to top it off Jill/Dave are currently behind in their rent payments. When both Jill and Dave were in combination earn ing say $100,000 one-third of the rent being "fair rent" would have been $2,761 per month. The point is Jill is a director of DERA and has been for some years. Apparently, it seems directors get special consideration for keeping Kim in power. Kim knows how to twist the BC Housing rules and then he get the Board to sanction whatever he wants done with some illogical justification if word gets out but mostly word never gets out.

Another email sent to all the directors of DERA yesterday

Please be advised that I have reread the Society Act and there is no such thing as an extraordinary meeting. So where did this creation come from. If you attempt this process of impeachment again I will appeal it.

For your information a non-profit can't just write new bylaws and say they are legal as the bylaws are not checked over by the Society Act to determine whether or not they are written correctly. This is called deregulation which means it is up to the public/members/directors to sue DERA if the bylaws are not according to what the Society Act expects. Rather than wasting time why doesn't the Board go to a lawyer as what the Board is actually doing is very unproductive and will be very expensive. Legal costs will eventually come out of DERA's monies.

Rather than impeaching me, why don't you just give me the information I need to determine if DERA/DERAH are being managed in a correct manager. I know that DERAH is in breach of contractual obligations with BC Housing. There are questions of fiscal mismanagement like overpaying for work done. The fact that DERAH has lost its charitable status with Revenue Canada and the Board is not one bit concerned blows my mind. Blaming employees for bad management decisions of the E/D is totally unconscionable. And above all the way the Board has treated employees and tenants is inexcusable. Each Board member should be ashamed of their corruptive behaviour to date. I do not like the concept of the poor stealing from the poor which is what each one of you are guilty of allowing.

I have no respect for anyone of you. I thought there was some hope with Pat but then after she miswrote the minutes for December I changed my mind. And where is the invoice for $6,000 which Kim said he was going to pay as it was his personal debt and now he wants DERA to pay for. He sure has it good, he just says I need $6,000 for court costs without any explanation or invoice and the Board just rubberstamps it. Who is the $6,000 to be paid to?

Monday, January 25, 2010

Who is to blame for DERA/DERAH?

I have been ill these past two weeks and trying to caluculate what I can do to make DERA/DERAH do what it is suppose to do under the Society Act. It has gone beyond DERA's internal politics to its external causes. The external causes is that the DTES non-profit community has run from any responsibility it has for DERA hiding behind the inadequaties of the Society Act and the legal corruption which is pervasive in the DTES. Today I emailed Liz Evans and Mark Townsend (copy to the Vancouver Foundation) asking them to renew their memberships in DERA/DERAH. Both Liz and Mark are politicial creatures and it will be interesting to know how what they are going to do. Everyone that lives in the DTES is responsible for the governance for DERA/DERAH and for it to be transparent and living up to its contractural obligations to BC Housing and other funders which DERA has not been doing. And if any of you know Jim Green's email address, please forward it to me. He is also eligible to be a member of DERA/DERAH. Both Libby Davis and Jenny Kwan has used DERA as their stepping stone to their political careers. Years ago Jenny was asked to attend Board meetings of DERA and if she did there might have been a chance that DERA won't have deteriorated into the state it is in now. She refused because she is too busy being President Bush running from one photo op to another and never saying anything arriving late and leaving early. And I believe her husband is an executive at the Portland Hotel Society and it goes on and on ... What is happening at DERA is not only my problem it is also the problem of all the non-profits in the DTES who should be using moral suasion to make sure each of them are doing the right thing and not hiding behind lawyers and accountants.

Wednesday, January 20, 2010

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