BronxNet not right about bylaws

To the editor:

(re: “Electeds support investigation into BronxNet,” March 21)

The clarification provided by representatives of BronxNet’s board of directors to The Riverdale Press are demonstratively false and reflects the deceit and dishonesty of the board and its representatives when they claim that Michael Heller and I were not removed from the board, but rather not re-appointed to the board.

In fact, the act of not re-appointing a member to the board is the same as removal in the result only, and is prohibited by BronxNet’s bylaws.

The bylaws state that “each director shall be elected to a five-year term. And, in each case, until his or her earlier resignation, death or removal from office.” Inasmuch as Mr. Heller and I were elected to the board — and neither of us has resigned or died — the sole permissible method for removal is set forth in the bylaws which permits removal of a director “any time for cause,” and that the “notice of such shall state the purpose of said meeting.”

This section provides due process for all elected members of the board.

The utilization of the removal clause has never been invoked in the 30-plus years of BronxNet. Prior to the illegal meeting, one board member called me on two occasions to advise me that the board was going to remove me at the meeting and urged me to resign in order to avoid the embarrassment of removal.

At the meeting, the first round of voting “removed” me. On the second round of voting, Heller was removed after he stated that he agreed with my objection to the misuse of the section based upon my knowledge of the law in that I am a practicing attorney and the former district attorney of the Bronx.

Thank you for the overall excellent reporting on this important matter.

Paul Gentile