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Florida Resolution

Resolution #2

Introduction

On November 28, 2003, KWVA President Harley Coon sent a registered letter to Korean War Educator Founder Lynnita Brown. It stated, "This letter is to notify you of your removal from the rolls of the Korean War Veterans Association as an Associate Member effective January 1, 2004. This decision is rendered as an Executive Order by the President of the Korean War Veterans Association." (See KWE - KWVA News - Member Removals - Lynnita Brown.) Coon's Executive Order was followed by a ruling from Judge Advocate Sherman Pratt that in effect backed Coon's decision when Pratt stated that the KWVA President has "implied powers." (See KWE - KWVA News - Member Removals - Lynnita Brown.)

In response to Coon's Executive Order and Pratt's subsequent ruling, the Department of Florida KWVA Council, consisting of the 24 Florida chapter presidents and elected department officers, passed the following Resolution on January 24, 2004:

RESOLUTION

WHEREAS, Harley Coon, who was illegally elected for a third term as President of the Korean War Veterans Association, has sent a registered letter to Lynnita J. Brown, an associate member of the KWVA, notifying her of her "removal from the rolls of the Korean War Veterans Association as an Associate Member effective January 1, 2004" and,

WHEREAS, Mr. Coon indicated that "his decision is rendered as an Executive Order by the President of the Korean War Veterans Association" contrary to the provisions of the KWVA by-laws, which contain no such provision for removal from any category of membership by executive decree and,

WHEREAS, Mr. Coon's letter was vague and did not contain any specific reasons for such removal and did not provide for a hearing or trial and,

WHEREAS, reference to Art. II, Sec. 2B and Art. III, Sec. 5 and Sec. 7, Art. II, Sec. 2B and III Sec. 5A, of the KWVA by-laws, clearly specify the powers enumerated to the Executive Committee after due process, that is charges preferred, written notice and hearing before the Executive Council and,

WHEREAS, these references are the only provisions for termination/expulsion in the by-laws in spite of which Judge Advocate Pratt erroneously quibbled that there was a loophole for the action by Coon vs Brown because the latter is an associate rather than a regular member. This argument is specious since II.2B provisions extends to members without distinction and,

WHEREAS, the action against Associate Member Brown violates the by-laws specified and is not binding upon Associate Member Brown or any other office, functionary or element of the KWVA until provisions of the by-laws are properly adhered to,

BE IT THEREFORE RESOLVED that the Department of Florida KWVA Council repudiates and condemns the action against Associate Member Brown by Resolution and refuses to abide by the ruling until the by-law provisions are carried out, if such be the case.

BE IT FURTHER RESOLVED the Department of Florida KWVA Council would advise against application of the by-laws in the instance of Associate Member Brown for reasons that may be perceived as frivolous or spiteful.

BE IT FINALLY RESOLVED The Department of Florida commends Associate Member Lynnita Brown as founder and perpetuator of the Korean War Educator and its website and her work as historian, promoter, and speaker for all Korean War veterans and "the forgotten war" and urges other chapters and departments to consider similar resolutions of support.

PASSED AND EXECUTED by the Department of Florida KWVA Council at its meeting on the 24th day of January, 2004, at Spring Hill, Florida."

Jacob Feaster, President
Department of Florida
Korean War Veterans Association

cc: Department of Florida KWVA Council
KWVA Executive Council and Staff

 

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