ZAZAY'S NO NONSENSE LAWYER SILENCED THE OLM AND THEIR LAWYER!

ZAZAY'S NO NONSENSE LAWYER SILENCED THE OLM AND

THEIR LAWYER!

ATTY. MORGAN SMITH

re: Francis Zazay, Organization of Liberians in Minnesota

Dear Mr. Lubov,

In response to your most recent letter, I have conferred with my client, and submit the following for your consideration.

First, I shall attempt to allay any concern that Mr. Zazay has any personal trepidation concerning the involvement of your office. To my knowledge, Mr. Zazay has no knowledge of you, nor your firm, and has not instructed me to pose any objection to either.

Second, you inquire after authority for Mr. Zazay’s position. I own that I find this request somewhat curious, as I gather your firm represents the current Chairman of the Board, and thus must have at least equal access to OLM’s resolutions etc. as does Mr. Zazay, a former and presently inactive Elections Commission Chairperson. Further, I do not feel it is incumbent upon Mr. Zazay to disclose all such authorities or defenses in the face of threatened litigation.

However, in the interest of possibly defusing tension among the parties, and eliminating the expense and harangue of frivolous litigation, I feel it is reasonable and fair to disclose that pursuant to Article III § 18 of the Elections Guidelines, the Commission “shall be dissolved upon inauguration of the elected commission”, and moreover, its members shall not be “subjected to any hearing on any matters” following the submission of the Commission’s report. I have a document on my desk, the OLM 2007 Financial Report of the Commission, which was not only properly submitted, but also approved by a Ms. Williametta Edourada Saydee.

Mr. Zazay, an unpaid volunteer who served in the Elections Commission, has done what he agreed to do, and his Commission has been duly dissolved in accordance with OLM’s rules. Mr. Zazay is not personally obliged to continue to volunteer his time or resources in perpetuity, and cannot be compelled to do so for this audit, or any other matter. Not only has he no duty to participate in the proposed audit, compelling him to do additional, unpaid work after his discharge amounts to a most distasteful form of involuntary servitude that we shall challenge in court if necessary.

Furthermore, I gather that you are well aware that Mr. Zazay, among others, feels personally that certain persons are unsuitable to participate in the proposed audit. This makes Mr. Zazay personally reluctant to volunteer or join in the audit, and gives him concerns that he may unwillingly expose himself to unwanted liability should he participate, and find his fears regarding the proposed auditors well warranted. Absent sufficient protection and indemnification, Mr. Zazay remains disinclined to voluntarily assist this proposed audit.

Finally, during the composition of this letter, I received your fax concerning Minn. Stat. § 317A.461. For your edification, I point out that 317A.461 requires that “A corporation shall…”, not “a former member shall”, or anything of the sort that would permit a non-frivolous action against Mr. Zazay. My momentary examination of Westlaw records indicates zero successful lawsuits under the statute you have cited against former members such as my client. That law may provide your clients with a cause of action against OLM, since it is “the corporation” with a statutory responsibility to keep and permit inspection of its documents, but does not impose personal liability upon Mr. Zazay, who is a natural person. I shall, for the moment, attempt to contain my deep disappointment with an officer of the court who so miserably misrepresents a statute, and refrain from reporting you to the Board of Professional Responsibility.

As stated previously, Mr. Zazay was, and remains now willing to voluntarily lend his cooperation to any audit conducted and supervised by qualified, trustworthy persons. It remains Mr. Zazay’s aspiration to quiet and heal the discord and pain within the Liberian community, and given a modicum of accommodation, he desires to work toward an amicable resolution of the present impasse.

Most sincerely,

______________________

Morgan Smith

________________________________________________________________________

KERPER DWANYEN GOES TO COURT; RUBBER STAMP BOARD APPROVES!

The People's News Network has learned that the OLM Board has approved a decision proposed by Kerper Dwanyen to take legal action against former officials and members of the just ended 2007 OLM Elections Commission. According to our reporter, of the four Board members present, only Mrs. Georgette Gray voted against the action. Ms. Doris Parker was note present for this action.

(Click here for details)