Fitness Center Meeting...A Commentary

Fitness Meeting Answered Some Questions...but...

Left Many Unanswered

I don't go to meetings very often, because ordinarily they are populated by the same people whose life revolves around rarely leaving the secluded boundaries of Sun City Anthem, but I did attend this one.

I have to say, it was packed by perhaps 3-4 times the number of people who normally attend board meetings.

The topics ranged from the fitness machines to the employees and independent contractors, and commenced with what was promised to be a 10 minute introduction by board member, Mike Carey, that turned into something closer to a half hour.

Mr. Carey's ability to "wing it" was superb, and frankly, the amount of experience he obviously has in the business world closely resembles his stature. His comments, in my opinion and those who sat closely to me,  demonstrated yet another lack of business experience that exists amongst SCA leadership.

It was obvious that Mr. Carey was more concerned with defending board actions and RMI than caring for the people he supposedly represents.  His speech was concerned more with "perhaps we rushed things" or "we can't tell RMI how to run their business because "we can get in a lot of government trouble if we did".

Obviously, Mr. Carey's "vast business experience" does not include the meaning of an "at will" contract, where, according to the current agreement, we can cut RMI loose with a mere 30 day notice FOR ANY REASON.

In my opinion, his commentary sounded more like SCA WORKS FOR RMI, not the reverse.

Following Mr. Carey's comments, he opened it up to discussion, and I have to say, it was about 50-50 regarding those who liked, and those who disliked, the new exercise machines.

But in addition to the actual comments made, I'm the type who looks carefully at the individual making the comment, and those who did like the new machines, seemed to be those who were younger and in much better shape than the general populace.

Nothing wrong with that...we all pay dues, no matter what the age...and the "kids" deserve the same treatment as the "ancients".

Most...except a gentleman named Greg Kevorkian.  Mr. Kevorkian has quite a bit of PROFESSIONAL experience, being a former bodybuilder, personal trainer, and fully knowledgeable about training equipment, since he did that for a living.

As he began to speak, it was obvious that he knew what he was talking about, and since he was the first resident speaker, it appeared that he greatly irritated  Kathy Kline, the individual who apparently is the one who authorized the purchase all of the new equipment as an RMI employee.

She would interrupt him again and again, until he finally told her to "PLEASE allow me to finish".  

What caught my attention in this discourse was a reminder of the criticism she supposedly received about her being confrontational toward a number of the current older resident monitors, three of which have described her to me as creating a "hostile work environment", while pleading with me to not mention their names.

She "chilled" pretty much after that while others made their comments.

Most of the remaining resident statements were what I would call boilerplate...

"I like the new fitness equipment because of this, I dislike it because of that".

Intertwined amongst all of that were occasional comments from the Community Association Manager, Rob Feldman, and his assistant, Maurice Talley, who obviously, were defending their firm's actions.

After about 45 minutes and taking diligent notes, I made my way to the microphone to ask a few questions.

...but mine were not so much concerned about the exercise machines, but about the people who have made me aware of the "hostile" work environment...

...combined with perhaps the MOST CONCERNING COMMENT I was previously told by one of our resident monitors....

"The Board & RMI sold us out".

Having been in business for myself for years prior to my retirement, this subject greatly concerned me.  My belief as a former employer as always been...

A Happy Employee Makes for a PRODUCTIVE firm.

Though it was stated in the meeting that of the 28-29 monitors that are employed by RMI that only 4 have been replaced;  it was obvious that NONE of the monitors that are currently employed (the old ones who are residents), were a part of the meeting...or... did not acknowledge they were in the audience.  

And most concerning, if any were there, NONE asked to speak.

That...in my opinion, demonstrated FEAR of losing their jobs in light of the "hostile work environment" comments.

After what appeared to be a paranoiac moment on the part of Mr. Carey and some woman who I could hear say, "Is that a microphone in your hand?", I,  in a bewildered state, looked at Mr. Carey, and told him that, yes, it was a microphone, it looks like any other one he might have seen, but not to get "hyper", because nothing was being recorded.

After he and a few others calmed down realizing this was not a "security breach", I was allowed to continue with my questions.

Having heard earlier in the meeting that it was Ms. Kline who made the determination to employ the new fitness firm last fall shortly after she became employed by RMI, I looked at Kathy Kline, and asked her to confirm or deny a rumor that was floating around our community.

As I looked at her, I saw two big eyes staring back at me in anticipation of a confrontation.  She appeared nervous and getting ready to "strike" as had been the case with Mr. Kevorkian and the discussions I had with some of the older monitors regarding her mannerisms.

I had no intention of confrontation; but nonetheless, I had a few questions I thought were important...questions that were of a BUSINESS nature, having been in business for myself for 35 years....

...questions that were obviously well above the head of Mr. Carey...still being concerned about the "dead mike" in my hand.

And with that in mind, I asked her:

"Did you work for that fitness firm before you were employed by RMI?"

She answered, "NO."

I asked her again, "So you did not work for them?" 

She answered "YES".

Next question...."Are these trainers independent contractors or are they employees of RMI?"

She first stated they were independent contractors.

I responded, "but they are also employees of RMI, is that correct?"

She said, "Yes".

Again, I pursued this line of thought asking, "Are they allowed to solicit their private wares while working as an employee for RMI?"

She responded in a very defensive manner, saying  RMI allowed them to do so.

Interesting...so it was OK to be an employee of a firm, yet solicit privately for other services? 

That didn't make sense, because as a former employer, if that had ever occurred in my business, that employee would have been immediately told to refrain from such activity.

It left open the possibility that the client had the belief they were acting on behalf of the business, and potentially create an undue legal liability if a problem took place...a problem enhanced in our association's case, since the training activities would take place ON Sun City Anthem property...by those who ALSO happened to be RMI employees.

I don't believe any employer should pay an employee to solicit for their own private purposes....and applying that same principle to RMI; we should not finance RMI...our "hired help"...to allow that practice to continue while "on OUR clock".

Before I asked another question, she added that they clock in for 6 hours per day as an employee, then are allowed to perform their independent contractor duties.

"But these people work during the day, don't they?", I asked.

She said "Yes".

Common sense told me something did not add up in that answer because had that been the case, I assume these people clock in and out during the day, as they perform the trainer "independent contractor" duties. 

A previous comment in the meeting mentioned that some of these "employee/independent contractors" are often seen lollygaging around the fitness center in the early morning hours, while our resident monitors are diligently performing their functions.

A Concern ????

No one from RMI responded to that comment, as I recall.

I would suggest someone on our board examine those time cards or whatever they use, to verify that information documenting a full 6 "employee" hours, during the course of normal working day....on a day they also are being an "independent contractor".

Then I asked, "Are these people licensed?"

She responded, "Yes".

I followed up, "Are they insured?"

She said, "Yes".

I asked, "Have you actually seen the certificate of insurance coverage for each individual?"

She said, "Yes".

I thanked her, and gave the microphone to the next speaker.

I am glad that I received the answers I did, but quite honestly, I question if the FULL TRUTH regarding these matters was actually disclosed, particularly the insurance question.

I would strongly advise any of you who are considering employing these "independent contractors" to ask to see that insurance certificate PRIOR to utilizing their services.

...and when you see the insurance certificate, make sure it states the TRAINER'S NAME, not the name of the fitness company or RMI, because it is a rarity that ANY INSURER would cover an INDEPENDENT CONTRACTOR as part of their operation. 

If a firm name or  RMI certificate is provided, MAKE SURE YOU ARE DIRECTED TO THE LANGUAGE IN THE CERTIFICATE that specifically states any independent contractor providing those services IS covered.

Without that verbiage, your only legal recourse should you sustain an injury is a PERSONAL suit against the trainer (who probably is personally uninsured), a suit against Sun City Anthem for allowing that activity to commence on their property, or against RMI and their representatives for publicly providing false information.

As far as the rest of the meeting, I left having a feeling that "there was more to the story".

...and I certainly, if I were a RESPONSIBLE board member, would VERIFY the accuracy of the answers to my questions, before consideration is given to continuing any relationship with this firm.

Dick Arendt