Hearing Date Set In Legal Battle Over Short Pump Community Center

The founding organizations pursuing the dissolution of the Short Pump Community Center will face the members of the community center in a state courtroom. The State Corporation Commission will hear arguments on December 10, 2009, providing members with an opportunity to present opposition to the case. Members of the community center claim the dissolution request was filed […]

December 1, 2009; 1:42 PM • by Pam Hervey

The founding organizations pursuing the dissolution of the Short Pump Community Center will face the members of the community center in a state courtroom. The State Corporation Commission will hear arguments on December 10, 2009, providing members with an opportunity to present opposition to the case.

Members of the community center claim the dissolution request was filed without their consent.

“I look forward to presenting the members’ position to the SCC and I am confident that once our legal arguments are presented, the SCC will side with the members’ understanding of the law and restore Short Pump Community Center, Inc.’s corporate standing so that these families can go forward with their community center,” said Jim Wilson, an attorney representing the members.

“We’ve been accused by the board members representing the Short Pump Ruritans and the Short Pump Civic Association of failing in the community center’s mission by not creating a ‘true community center’,” said Rich Rice, Member Representative of the SPCC, Inc. Board of Directors.

“Our 250 member families come from different neighborhoods, different backgrounds and different schools. That’s nearly 1,000 individuals from all over the Short Pump area that come together for recreation, fitness and fellowship. When you bring diverse families together like that, it’s the definition of a community center. We’re ecstatic that we’re allowed the opportunity to make our case heard.”

Per the bylaws of the Short Pump Community Center, Inc., the Short Pump Civic Association and the Short Pump Ruritans hold six seats on the nine-person board of directors. Currently, these two organizations have a combined membership of less than 25 people. The Short Pump Community Center, Inc. Bylaws require that proceeds from any dissolution, which are estimated to be in excess of $1 million are automatically transferred in equal parts to the Short Pump Ruritans and the Short Pump Civic Association.

On September 10, 2009, Short Pump Community Center’s nine Board of Directors held a vote to “dissolve and terminate Short Pump Community Center operations.” This motion passed by a 6-3-majority vote of board members. Those voting in favor included all directors representing the two founding organizations, Short Pump Ruritans and the Short Pump Civic Association. The three dissenting directors included the Member representatives Jeffrey Bailey, Deborah Knott and Richard Rice, all of who are member representatives on the board. On September 10, Articles of Dissolution were submitted to the State Corporation Commission (SCC), and subsequently on September 14, the SCC issued a Certificate of Dissolution for the corporation.

Save Our Pool & Community Center, which includes Knott, Rice and Bailey, was established on September 27, with the mission to gain the legal authority to hold a membership meeting in order to elect a board of directors and to update the bylaws of the corporation in order to ensure a vibrant, ongoing community center. On October 8, 2009, an attorney representing Save Our Pool filed a Petition to Deny the Dissolution which outlined 25 arguments in opposition to the dissolution.

In response, Short Pump Community Center, witbout the consent of Bailey, Knott and Rice, filed a response requesting that the dissolution not be overturned. The SCC issued a scheduling order on November 12, after considering both the Petition and the Response. The hearing will convene  at 10:00 a.m. on the second floor of the Tyler Building in the SCC Courtroom at 1300 East Main Street in Downtown Richmond.

December 1, 2009 1:42 PM 0