Should Code of
Conduct
Regulations be
Reinstated in Sun City Anthem
This is the first of four motions to be brought up by Sun City Anthem Board Director, Nona Tobin.
Reinstatement of Code
of Conduct Regulations
Motion
I move that the Board ask the
Covenants Committee to review the adequacy of SCA’s existing Code of Conduct
policies and of SCA’s current procedures for the investigation of code of
conduct complaints as well as the adequacy of the violation
log.
Background
At several Board meetings before I became a
member of the Board, resident Diane Askwyth complained to the Board about the
inadequacy of our policies regarding a code of conduct that would ensure the
residents are undisturbed and permitted quiet enjoyment of the use of the common
areas.
She further raised the issue that the complaint process was unsatisfactory.
She further raised the issue that the complaint process was unsatisfactory.
In researching what the problem might be,
I was told by multiple long-term owners that SCA previously
had a code of conduct that was the same as used by other Del Webb communities,
but that it had been removed from the SCA policies because of a dispute over the
whether an alleged violation of the code of conduct by the spouse of the
then-Board President had been fairly investigated and
adjudicated.
Analysis
There have been multiple complaints brought
to my attention which might raise questions about the adequacy of our
policies:
- A former Board member calling a woman who was collecting signatures for the recall petition “a whore”
- Inconsistently enforcing rules related to staff requiring SCA activity card
- identification be presented when entering Anthem Center
- Generally rude or obnoxious behavior, particularly by men, which has been
- reported as intimidating by, generally, women who feel their quiet enjoyment of the common areas is affected.
The attached Code of Conduct documents are
what I could find in SCA records.
One is a code of conduct which is undated, but which I believe is what existed here prior to 2008.
The second is a 2008 procedure which appears to be a pre-cursor to the Board’s Resolution dated 2012 that defines the procedure for handling all allegations of violations of our governing documents or policies and procedures.
One is a code of conduct which is undated, but which I believe is what existed here prior to 2008.
The second is a 2008 procedure which appears to be a pre-cursor to the Board’s Resolution dated 2012 that defines the procedure for handling all allegations of violations of our governing documents or policies and procedures.
There is a requirement
in our governing documents (bylaws section 3.26(d)) that a violation log be kept and be
available to members.
However, I have not been able to locate it even though it is supposed to be organized and convenient for any member to review in an easily accessible place.
Review of that log would also assist the Covenants Committee to determine if there is an or a pattern that needs to be addressed and make a recommendation to the Board to that effect.
However, I have not been able to locate it even though it is supposed to be organized and convenient for any member to review in an easily accessible place.
Review of that log would also assist the Covenants Committee to determine if there is an or a pattern that needs to be addressed and make a recommendation to the Board to that effect.
I recommend that the
Board request the Covenants Committee consider and recommend to the Board any
appropriate actions to ensure the adequacy of our Code of Conduct policies and
our protocol for investigation and adjudication of code of conduct complaints,
and the recordkeeping procedures for the required violations
log.
CODE OF
CONDUCT
1. Unit owners shall conduct themselves
in such a manner as not to jeopardize or interfere with the rights and
privileges of other owners or their guests.
2. Unit owners are responsible for their
guests and renters.
3. Unit owners shall refrain from loud,
profane, indecent, or abusive language when addressing other unit owners,
renters, staff, directors, or guests.
4. Gambling is not permitted in
Association facilities except where permitted by State
License.
5. Unit owners shall not harass or
accost any resident, renter, director, staff, or guest.
6. Physical abuse directed at other unit
owners, staff, directors, renters, and/or guests will not be tolerated and will
result in immediate suspension of all privileges for a minimum period of 1
year.
7. Unit owners will not compromise the
safety of others by their actions.
8. Unit owners will be held responsible
for any intentional damage they, their guests, or their tenants cause to
Association property.
9. Unit owners, directors, renters, and
guests shall not reprimand, discipline, or give orders to
staff.
10. Any inattention to duty or lack of
courtesy on the part of any staff member shall be reported to the CAM
manager.
11. Unit owners, renters, and guests
shall not interfere with the management of the
Association.
12. Unit owners, renters, and guests
shall obey all safety rules and shall immediately cease and desist unsafe
activity when instructed by staff.
13. The CAM shall advise members,
renters, or guests of violations of Association rules and, when necessary,
report such actions to the Board of Directors.
14. Any unit owner, renter, or guest who conduct themselves in an
unbecoming manner or who purposely ignores Association rules is subject to
disciplinary action including fines and suspension of privileges. Members may
request to appear before the Board to explain their actions, and have a right to
appear before the Board of Directors if disciplinary action is being considered
in accordance with the By-Laws of the Association and/or NRS
116.
15. Unit owners are prohibited from
profiting financially from their membership by charging guests for use of the
facilities.
16. Unit owners, guests, renters, and/or
staff will take a shower before entering any of the swimming pools or
spas.
17. Appropriate dress is required in all
facilities in accordance with the following basic
guidelines.
a. Upper body
garments must be worn in all activities, except male using aquatic
facilities.
b. Swimsuits are
required in all aquatic facilities. Cut offs are not
acceptable.
c. Appropriate
athletic apparel and footwear is required in athletic sport
areas.
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Personally I never realized that the conduct code had been suspended. While I have been guilty of violating it and found it troublesome to respond, I think it is better to have a standard than not.
But I think that some other changes are called for. There should be service standards for SCA employees and volunteers, which focus on serving the members and a means for redress when a member feels that staff or volunteers are not performing their duties.
The current card complaint system is untimely and does not provide feedback regarding the members concern or issue.
Secondly, if members have a dispute over differing views of an issue which gives rise to a disagreement, there should be some resolution methodology to address the dispute.
All who live or visit SCA should have quiet enjoyment of the community and should feel that there are reasoned means to get resolution of differences in views or perceptions.
Jack, what a terrific comment. Code of Conduct regulations were suspended in 2008 at the beckoning of then Board President, Roz Berman.
Of course, it was mere coincidence that her husband, David Berman, held the record of having the greatest number of complaints filed against him at that time.
The result...the "machine" took care of its own, and everything was washed away in the traditional "sea of corruption".
Approximately a year ago, the then association attorney, John Leach, proposed "bullying standards" be adopted by the Board.
The result: The Board voted against implementing any such policy. Those opposed included "Removal honorees" Tom Nissen and Rex Weddle. Bet that surprises you !
How about the inclusion of this one:
"Board of Directors members shall not ridicule, insult, intimidate, or otherwise disrespect (including, but not limited to,verbal retorts and/or body language) residents at Board Meetings".
I am all in favor in bringing back a code of conduct for SCA governance, HOWEVER, a code of conduct must also be applicable to the members of management and ultimately the board of directors as well.
There have been recent incidences, which are mounting in number, of inappropriate conduct by some members of management and individual members of the board. They also must be held accountable for inappropriate conduct as well. Otherwise, we become a feudal society where the only role for residents is the financial funding for those to spend as they want rather indiscriminately, as is often the case, both past and present.
On the subject of the GM salary... We have been looking at the Sun City Summerlin website etc. That community is actually larger than ours, has 3 golf courses, 3 restaurants, similar facilities, and is successfully self-managed. I think all SCA residents would like to know the salary of their General Manager...! Their monthly magazine also transparently publishes financial info for all to see....not just for the accountants and attorneys that look for and understand the SCA reports. Some of this info has also historically been suppressed by the SCA board.
I would like to have published in the Spirit, exactly what the FSR costs were.... and what the current SCA costs are with the GM salary INCLUDING all additional support staff. Again...this info was not adequately made transparent and communicated to ALL residents. This...along with no knowledge of maintenance issues that had been neglected...which accounts for recent spending sprees. Also.. the real reason for the annual assessment dues increases was never openly reported. Was it the Liberty Center debacle...or the new GM and staff salaries...?? A lot of these SCA problems boil down to poor communications. No wonder most residents are distrustful, tired of questionable financial decisions, and want CHANGES...
I also think that the arrival of a new no-nonsense board member has invigorated some of the "silent majority" of residents. Think about it.....
I support the reauthorization of the code of conduct.
Not sure about #4 gambling, you have the poker club and mah jongg people that gamble for sure.
Does that need to be looked into?