An open letter from a concerned SCPOA member and potential community building volunteer

October 28, 2022 Swansboro, California

A letter, dated August 31, 2022, published by the SCPOA board, to the Association about the community building construction stated:

“SCPOA has some highly qualified individuals in the community who have generously offered their services free….The Board is very appreciative that so many members have stepped up to help make this project happen and ensure its success.”

SCPOA Statement August 31, 2022 on https://scpoa.info/

While laudable, for volunteers to participate in the construction of the community building, it does however, beg a few questions:

1. In a recent poll of SCPOA members on the question of a new community building, voted 66% against it, and 89% want a vote on it. Does the membership really want this community building?
   
2. Given the number of volunteers, has the board taken the necessary steps, such as training, Workman’s comp, insurance and hold harmless agreements etc., to ensure their safety and protect the Association in the event of a mishap?
   
3. Have the volunteers and the SCPOA board considered the ramifications that would surely ensue following any mishap?
   
4. Have the volunteers and the SCPOA board considered the August 2022 SCPOA newsletter that illustrated the preparation work of the building site?

These questions prompted David Dudley, a SCPOA Member and potential volunteer on the community building project, to write the following letter to SCPOA manager.
KELLY KOZICKI, CCAM® | COMMUNITY ASSOCIATION MANAGER
THE MANAGEMENT TRUST PO BOX 1459 • FOLSOM, CALIFORNIA 95763
P: (916) 985-3633 X5127 F: (916) 248-8013 KELLY.KOZICKI@MANAGEMENTTRUST.COM
(Published here with the permission of the author. Picture credits: SCPOA August 2022 newsletter permitted by USCODE Title 17 §107):

“Hello Kelly,

This a follow-up on the question I raised at last months SCPOA meeting and in a previous message to you. SUBJECT: The Hold Harmless Agreement:

I would request a blank copy of the complete Hold Harmless Agreement form. This request is from myself as a potential volunteer on a SCPOA (PROJECT). I also asked if you thought this would hold up to a liability lawsuit brought by a volunteer who may get hurt in the process of volunteering on a (PROJECT). Your response was that an attorney would need to answer this question: Did you make a request to your attorneys after my question and have you gotten a written response from SCPOA lawyers yet?

SUBJECT: The volunteers in the pictures on the SCPOA website cutting trees in the man lift in preparation for the new community building (PROJECT). Do you have hold harmless agreement forms signed and dated prior to this activity by volunteers for this specific (PROJECT)?

The men in the lift with chainsaws are Wayne Holley and Jerry Pullin I believe, shown in the picture on the SCOPA web site. I am not sure who the ground observer persons identify (No helmet or eye protection worn in a tree felling operation area).

Safety NOTE: The second man in the bucket (Jerry Pullin) with the chainsaw, is not wearing a helmet, both men appear to have no eye protection nor are they wearing chainsaw safety chaps. These are basic safety issues putting our community at risk for law suits. You actually have pictures of this to prove negligence to the community and attorneys in a court of law. 

David Dudley letter to TMT

Other thoughts, 
If maintenance man Kevin Birks is working on this (Project) during his normal hours of operation this is taking away from his normal work load and is costing SCPOA residents needed maintenance lost time and by the same token his lost hours need to be accounted for in the overall cost of this building. The maintenance people need to work on SCPOA community works during normal hours of operation, not (Projects) is my thought.  The community looses what they are paying in dues, our maintenance guys can volunteer after normal hours, This is a volunteer “Project” to save money not budgeted or projected.

If this is to continue as a volunteer building (Project) maybe there should be as safety officer (BOARD MEMBER) to overlook all aspect of construction to save the SCPOA from being liable from unsafe operations of volunteers.

If you are wondering why I am passionate about anything I may send your way, It is because I think about safety and operational considerations, logical planning, logistical operations from my background as a mechanical maintenance personnel business owner, my experience in emergency response operations and general how to get thing accomplished safely. The bottom line is this community building  (PROJECT) is not  being considered in a logical fully operational capacity, adding thing like bathrooms and kitchens, sewer or anything from underground after the building concrete foundations are poured are rarely done, and so little of this “Project” is transparent  to the community, It was noted that a hurry was being put on the (Project) so they can hold meetings indoors, we all know the answer to that problem and your previous responses. A new board of directors could vote to move the meeting location if so inclined, without recourse.

The SCPOA meetings are poorly attended with 690 + properties, I have to ask why? Probably because the boards can do what THEY WANT, WHEN THEY WANT without much recourse by the community, nature of the beast or a fouled system?

There should also be a space on the SCPOA website where community letters (respectfully written) can be displayed so others in the community can post the written requests and responses to there own concerns and questions on how their money is being spent.

Thanks,
David Dudley SCPOA Member
Placerville, Ca 95667″