EXHIBIT 3: COMMUNICATIONS WITH DEFENDANT REGARDING BOARD NOMINATIONS From: "Elliot Cramer" To: Sent: Saturday, October 19, 2002 12:53 PM Subject: Re: nominees Veronica, Would you please confirm for me that our nominators have been accepted as active members and that our nominees will be on the ballot. On Monday I was at the shelter and asked about seeing the membership list and was told they would get back to me about it later in the week. All of them stated that they were active members but I want to be sure since I can easily get more signatures before the Nov 1 deadline. Elliot ________________________________________________________________ Date: Mon, 21 Oct 2002 11:02:36 EDT From: Lwaltersaps@aol.com To: cramer@email.unc.edu Cc: ptbeyle@mindspring.com, bhmnc@bellsouth.net Subject: Nominees Mr. Cramer, there are six signatures on the petitions for the APS Board that are not valid because they are not current members. These nonmembers include, William Kirk, Sharon Kirk, Peter Kaufman, Hope Toscher, Marvin McCauley, and Ann Rogers. The by-laws require that the petitions must be signed by current APS members only therefore the petitions are invalid. It is up to you and the other nominees to ensure that the petitions are signed by actual APS members. In response to your recent statement that I am a liar regarding the number of animals returned each month, you are in need of correction. There is on average 3 to 4 animals returned each month. This is down from the average of 12 each month in 2001. This is obviously evidence that our temperament testing program has done exactly what it was intended to do - make good permanent matches between animal and family. Please contact me should you need any of your other false information corrected. In regard to your requests for the membership list and the current list of Board members and their email addresses, neither are available to the public. Laura Walters APS Executive Director ________________________________________________________________ Date: Mon, 21 Oct 2002 11:49:13 EDT From: Lwaltersaps@aol.com To: cramer@email.unc.edu Cc: ptbeyle@mindspring.com Subject: Re: Nominees Ann Rogers will need to send me her receipt for when she last paid her annual dues. According to our records, she expired October 1, 2000. As for inspecting our membership list, as I already told you, that is not available to the public. Laura Walters APS Executive Director ________________________________________________________________ Date: Mon, 21 Oct 2002 16:31:14 -0400 (EDT) From: Elliot Cramer To: Lwaltersaps@aol.com Cc: Pat Beyles , bhmnc@bellsouth.net Subject: Re: Nominees October 21, 2002 Ms Walters, Apparently you have accepted six signatures as valid. Two of the people did not receive renewal notices and evidently are not current. I have asked the other four to check on their status and I hope that this issue will be promptly resolved. Since you do not allow access to the Membership list, I do not have any way of verifying membership except through the recollection of members. You say that the petitions are invalid; I trust that you meant insufficient since you are currently accepting only six names as valid, while 10 are required. With regard to returned animals, it is in the public record that you previously stated that the APS does not have returned animals. You no longer include returned animals in your reports although they were included until last April. You did not have copies of your various reports for members at the last Board meeting so I had to look over someone's shoulder. I understood you to say that there were only 4 animals returned in the last three months. If I was mistaken, I apologize. Of course, your refusal to make your records available to the public can only breed suspicion. Elliot M. Cramer ________________________________________________________________ Date: Tue, 22 Oct 2002 10:16:51 -0400 (EDT) From: Elliot Cramer To: Lwaltersaps@aol.com Cc: Pat Beyles , bhmnc@bellsouth.net Subject: Re: Nominees October 22, 2002 Ms Walters You should have received an Email from the Kirks explaining that they had confirmed their membership with Tina and that it is still active. You should have received an Email from Ann Rogers showing her check for $75 entitling her and her husband to a family membership with two votes. She has informed me that he is adding his name as a nominator. Hope Toscher has told me that (like others) she has never received a renewal form but shall rejoin effective October 1. She was informed by Tina that her nomination form will be valid. I shall bring one additional nomination so that with the six originally accepted by you, there are now 12 signatures. I would appreciate your acknowledging that everything is now in order and that the five nominees will be on the December ballot. Elliot M. Cramer ________________________________________________________________ Date: Tue, 22 Oct 2002 11:56:49 EDT From: Lwaltersaps@aol.com To: cramer@email.unc.edu Cc: ptbeyle@mindspring.com, bhmnc@bellsouth.net Subject: Re: Nominees Mr. Cramer: The Kirks are not confirmed as active members. Tommie and Ann Rogers have been confirmed as active members. Hope Toscher has not yet become an active member. According to our attorney, you will need to bring in a new petition for each nominee with a total of 10 active APS members' signatures. In regard to returned animals, just because someone gets up at a Board of Commissioner's meeting (or talks to the press) and says the sky is pink and the grass is purple does not make it an accurate statement. It may make it public record that someone said it but it doesn't make it true. Surely you know that. Laura Walters APS Executive Director ________________________________________________________________ Date: Tue, 22 Oct 2002 15:01:40 -0400 (EDT) From: Elliot Cramer To: Lwaltersaps@aol.com Cc: Dr. Steve Halkiotis , Pat Beyles , bhmnc@bellsouth.net, mwbrown@mindspring.com, vtrigg@att.net Subject: inproper rejection of nominees October 22, 2002 Ms Walters The bylaws say simply "Additional candidates for the Board of Directors may be nominated by petition, signed by ten or more members of the society and filed with the Secretary by November 1" They do not specify any form for the petition. As you acknowledge, we have submitted signed statements by 10 people whom you acknowledge as members. I would think that with all the bad publicity APS has received and with a upcoming meeting of the Commissioners, you would not resort to such sleazy tactics to maintain your hold on the Board. I request that you accept this nomination or provide me with a statement by your attorney indicating exactly how the bylaws justify rejection. Elliot M. Cramer ________________________________________________________________ Date: Tue, 22 Oct 2002 16:54:08 EDT From: Lwaltersaps@aol.com To: cramer@EMAIL.UNC.EDU Subject: Re: inproper rejection of nominees You now have 10 valid members that may sign the petition: Carolyn Wood, Carolyn Almendinger, Hope Toscher, Martha Petty, Hilda Brody, Jim Sanford, Ann Rogers, Tommie Rogers, Margie Huggins, and Elliot Cramer. Please contact Virginia Ellington, APS Secretary to the Board prior to November 1st with your final petition. For any further questions, contact Ron Merritt, APS attorney, at 942-5191. Laura Walters APS Executive Director ________________________________________________________________ Date: Wed, 23 Oct 2002 10:37:51 -0400 (EDT) From: Elliot Cramer To: bhmnc@bellsouth.net Cc: Dr. Steve Halkiotis Subject: Re: Laura Walter's request to contact you (corrected copy) October 23, 2002 Ron Merritt, APS attorney bhmnc@bellsouth.net Dear Mr Merritt, I have received the following note from Ms Walter and am asking you for clarification. "You now have 10 valid members that may sign the petition: Carolyn Wood, Carolyn Almendinger, Hope Toscher, Martha Petty, Hilda Brody, Jim Sanford, Ann Rogers, Tommie Rogers, Margie Huggins, and Elliot Cramer. Please contact Virginia Ellington, APS Secretary to the Board prior to November 1st with your final petition. For any further questions, contact Ron Merritt, APS attorney, at 942-5191." On Oct 14 I submitted nomination forms for five candidates with twelve signatures of people believed to be members of APS. I could not verify this since Ms Walters would not permit access to the Membership list. I received the note below indicating that six of these were nonmembers (and thus six WERE members). Two of these, Hope Toscher and Ann Rogers, are on the list of valid members above. "Mr. Cramer, there are six signatures on the petitions for the APS Board that are not valid because they are not current members. These nonmembers include, William Kirk, Sharon Kirk, Peter Kaufman, Hope Toscher, Marvin McCauley, Ann Rogers. ... In regard to your requests for the membership list and the current list of Board members and their email addresses, neither are available to the public." In fact, the Kirks called APS and were told by Tina that they were members, but Ms Walters now claims that they are not. They are quite distressed by this since they are long-time supporters of APS. In addition I hand delivered a petition for Margie Huggins. Tommie Rogers, along with verification of their check, Emailed another petition to Ms Walters so that there are 10 valid nominees who have submitted nominations for the same five nominees to the APS office. When Ms Walter informed me that the original nominations were invalid, I wrote her two notes saying "You say that the petitions are invalid; I trust that you meant insufficient since you are currently accepting only six names as valid, while 10 are required." "The bylaws say simply Additional candidates for the Board of Directors may be nominated by petition, signed by ten or more members of the society and filed with the Secretary by November 1 They do not specify any form for the petition. As you acknowledge, we have submitted signed statements by 10 people who are "valid members". I would think that with all the bad publicity APS has received and with a upcoming meeting of the Commissioners, you would not resort to such sleazy tactics to maintain your hold on the Board. I request that you accept this nomination or provide me with a statement by your attorney indicating exactly how the bylaws justify rejection." The above is my current request. Ms Walters stated (above) that I should contact Virginia Ellington, APS Secretary to the Board. On the other hand she previously stated that "In regard to your requests for the membership list and the current list of Board members and their email addresses, neither are available to the public." I would think that delivery to the APS office would constitute delivery to the Secretary. I request that you accept these nominations and advise me that they will be on the December ballot or provide me with a statement indicating exactly how the bylaws justify rejection. In addition, I would like a current list of the Board members and addresses and a statement as to how I, as a Board candidate, may have access to the Membership list for a lawful purpose. I would appreciate a prompt response since, as you know, time is of the essence. Elliot M. Cramer ________________________________________________________________ Date: Thu, 24 Oct 2002 13:46:04 -0400 (EDT) From: Elliot Cramer To: Pat Beyles Cc: Ron Merritt , Dr. Steve Halkiotis Subject: Re: bylaws. October 24, 2002 Ms Beyle, I have spoken with Mr Merritt, the APS attorney, and he repeated the advice he gave the Board. He indicated that he did not wish to be difficult, a relief given the obstructionist tactics I have encountered from the Board and your Executive Director. He stated that he has given his legal opinion that the hand-written signatures of nine acknowledged members provide valid nominations. He further stated that I need not "start over again" as the Board Secretary, relying on the legal advice of your Executive Director, has said. He indicated that I need only submit one additional nomination in similar form as stated in the Bylaws. The Secretary has asked me to deliver my additional form to the APS office. I would have thought that, since the Bylaws specify that nominations be "filed with the Secretary" and since Ms Walters has told me that the names and addresses of Board member are not "available to the public", the APS office would be the proper filing location. Mr Merritt has stated that I would hear from you in this matter. I am submitting this afternoon a nomination signed by Kendall Page, whom we believe to be an active member since you have had her on our Board list without complaint. The APS office would not confirm to her secretary that she is an active member. This seems to be carrying secrecy to an extreme, even for the APS. I would like confirmation that you have followed your attorneys advice and that you have accepted our list as valid nominees. I am still concerned about the Board's ability to change the Bylaws without notice to the Membership. Clearly members have the right to see the current Bylaws. Will you notify me promptly of any changes or must I contact you every day. Elliot M. Cramer ________________________________________________________________ To: Virginia Ellington Secretary APS 10/25 This letter from Laura confirms membership of 8 of the people on our list. In addition Pat Sanford is a family member and Beverly Rockhill is a life member I would like your confirmation that the five nominees will be on the ballot From Lwaltersaps@aol.com Tue Oct 22 17:26:17 2002 Date: Tue, 22 Oct 2002 16:54:08 EDT From: Lwaltersaps@aol.com To: cramer@EMAIL.UNC.EDU Subject: Re: inproper rejection of nominees ... ________________________________________________________________ Date: Fri, 25 Oct 2002 11:22:09 -0400 (EDT) From: Elliot Cramer To: Pat Beyles Cc: Ron Merritt , Dr. Steve Halkiotis , Dave Hart Subject: valid nominations October 25, 2002 Pat Beyle President, APS Ms Beyle: Mr Merritt, the APS attorney, told me yesterday that I would hear from you regarding the legal opinion he gave the Board on the nominations of Rebekah Resnick 1001 Sparrow Trail CH 27514 Margie Huggins PO 2971 Durham NC 27715-2971 Kendall Page 210 n Columbia Chapel Hill 27514 Bibb Latane 212 Vance St Chapel Hill 27514 Elliot Cramer PO 428 Chapel Hill 27514 I have not heard from you nor have I received any response to my letter below. Following Mr. Merritt's advice I contacted the Secretary who advised me that I could deliver the one additional required nomination form to the APS office for her attention. Yesterday I submitted a nomination to the APS office signed by Kendall Page, certified by Tina to be a Life Member. This was addressed the Secretary and I asked a staff member to call it to the attention of Ms Walters. I am now preparing a statement for the Monday Orange County hearing and I would appreciate your confirmation that, in accordance with the Bylaws and Mr Merritt's legal opinion, these nominees will be on the December ballot. Elliot M. Cramer ________________________________________________________________ Date: Fri, 25 Oct 2002 11:29:31 -0400 From: Virgina Ellington To: Elliot Cramer Cc: ptbeyle , Lwaltersaps@aol.com Subject: Pettions To finally clear up the misunderstanding relating to the submission of valid petitions, this is what our attorney has advised: You must submit 5 additional petitions (exactly like the originals) but you need only 2 of the three following APS members signatures on each: Margie Huggins Kendalll Page Tommy Rogers This will make a total of 10 APS members signing each petition for each candidate as mandated by our by-laws. We will attach the new petitions to the original petitions. You need not have each petition signed by all 10 signers again. Just submit five additional petitions using the original form you used to start with and containing the 2 or 3 additional members' names as required. We cannot accept the slips of paper you have been submitting. Everything must be uniform using your original petition format. If you have further questions, please contact our attorney Ropn Merritt at 942-5791. Virginia Ellington Secretary, APS Board of Directors ________________________________________________________________ Date: Fri, 25 Oct 2002 12:13:55 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Lwaltersaps@aol.com, Ron Merritt , Dave Hart , Dr. Steve Halkiotis Subject: Re: Pettions I have followed your attorneys advice and the bylaws. Eight names on the original petitions have been accepted as valid. two additional ones were in the form below. I'm sure that the Orange Board and the public will be interested in your further attempts to limit membership on the Board ________________________________________________________________ Date: Fri, 25 Oct 2002 12:15:52 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Lwaltersaps@aol.com, Dave Hart , Ron Merritt , Dr. Steve Halkiotis Subject: Re: form of petition October 21, 2002 I, __________________ __________________, a member in good standing of the APS, add my name to those nominating the following for members of the APS Board in accordance with the Bylaws of the APS. Rebekah Resnick Margie Huggins Kendall Page Bibb Latane Elliot Cramer ________________________________________________________________ October 25 Phone conversation with APS attorney Merritt I need to follow Virginia Ellington's advice, he hasn't seen my nomination forms. He warns me with threat of slander ________________________________________________________________ Date: Fri, 25 Oct 2002 13:37:18 -0400 From: ptbeyle@mindspring.com To: Elliot Cramer Subject: Re: form of petition It looks to me as if the petitions have been filed in proper form and will be considered in the December election. ________________________________________________________________ Date: Fri, 25 Oct 2002 13:45:03 -0400 (EDT) From: Elliot Cramer To: ptbeyle@mindspring.com Cc: Virginia Ellington , Ron Merritt , Dr. Steve Halkiotis Subject: Re: form of petition Does your statement mean that these names will be on the Ballot. Virginia told me over the phone that Merritt advised her otherwise ________________________________________________________________ Date: Fri, 25 Oct 2002 13:54:31 -0400 From: ptbeyle@mindspring.com To: Elliot Cramer Subject: Re: form of petition Mr. Cramer, You need to go with what the Secretary and our lawyer tell you. I am a third party in this discussion and will not advice you again. ________________________________________________________________ Date: Fri, 25 Oct 2002 17:51:54 -0400 (EDT) From: Elliot Cramer To: ptbeyle@mindspring.com Cc: Laura Walters , Virginia Ellington , Dr. Steve Halkiotis Subject: Re: form of petition Mr Beyle: You are not a third party; you are the President and I was told by Mr Merritt that he gave you a legal opinion regarding my nominations. He stated to me that only written signatures were valid and that I need not start over again. I have now turned in a complete new set of forms with eight names from the original form which Ms Walters stated were valid and two new ones (see below). I would like my original forms returned. Mr Merritt stated to me that he was certain they would not have been destroyed. All the new forms contain original signatures. I would like to be informed promptly that these names will be on the ballot. APS Board nominees October 25, 2002 Beverly Rockhill 323 Blueridge Rd, Carrboro NC 27510 Margie Huggins PO 2971 Durham NC 27715-2971 Kendall Page 210 n columbia Ch 27514 Bibb Latane 212 Vance St Chapel Hill 27514 Elliot Cramer PO 428 Chapel Hill 27514 nominated by Carolyn Wood chw4641@email.unc.edu Carolyn Almendinger carolyn@email.unc.edu 962-3343 Hope Toscher 968-4155 Toscher@email.unc.edu po 2633 27514 Martha Petty 933-4920 Mark weisburd AMWMBP@BEllsouth.net Hilda Brody 336-694-9787 Jim Sanford 967-1795 Ann Rogers tom.ann@verizon.net Pat Sanford 967-1795 Kendall Page 942-4161 Elliott Cramer 942-2503 ________________________________________________________________ Date: Sat, 26 Oct 2002 11:09:00 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Laura Walters , Dr. Steve Halkiotis Subject: Re: Pettions to avoid ANY POSSIBLE misunderstanding, yesterday afternoon I delivered to APS "5 additional petitions (exactly like the originals)" with the same eight signatures you approved with two additions, Pat Sanford whom you know to be a member, having approved her husband, and Kendall Page, a life member and nominee. These are originals, not copies. I would like your confirmation by E-mail that these names are valid and will be on the ballot since Ms Beyle has stated that this is YOUR responsibility. Note that one nominee has been changed. I left a note asking that I be called so that I may pick up the old forms, as Mr. Merritt assured me I may do. Elliot M. Cramer APS Board nominees October 25, 2002 Beverly Rockhill 323 Blueridge Rd, Carrboro NC 27510 Margie Huggins PO 2971 Durham NC 27715-2971 Kendall Page 210 n columbia Ch 27514 Bibb Latane 212 Vance St Chapel Hill 27514 Elliot Cramer PO 428 Chapel Hill 27514 nominated by Carolyn Wood chw4641@email.unc.edu Carolyn Almendinger carolyn@email.unc.edu 962-3343 Hope Toscher 968-4155 Toscher@email.unc.edu po 2633 27514 Martha Petty 933-4920 Mark weisburd AMWMBP@BEllsouth.net Hilda Brody 336-694-9787 Jim Sanford 967-1795 Ann Rogers tom.ann@verizon.net Pat Sanford 967-1795 Kendall Page 942-4161 Elliott Cramer 942-2503 ________________________________________________________________ Date: Sun, 27 Oct 2002 11:27:01 -0500 From: Virgina Ellington To: Elliot Cramer Cc: ptbeyle , Lwaltersaps@aol.com, bhmnc@bellsouth.net Subject: Petitions Mr. Cramer, I am in receipt of the petitions you submitted with the invalid signers "whited" out and the new valid signatures added. Your petitions are now in order and the candidates Kendall Page Margie Huggins Beverly Rockhill Elliot Cramer Bibb Latane are valid petitions signed by 10 members of APS. These nominees will appear with the other nominees for the Board and will be posted at the Shelter after November 1 which is the deadline for submission of petitions. I have left your original petitions and additional slips of paper in a white envelope at the Shelter addressed to you as you requested. You may pick them up at any time. Just ask someone at the desk to hand them to you. I consider this matter closed and do not anticipate receiving any further phone calls or emails from you regarding this. Virginia T. Ellington Secretary APS Board of Directors P. S. If you still have questions, please contact our attorney Ron Merritt. Thls matter is now closed and I do not anticipate receiving any further phone calls or correspondence from you. EXHIBIT 4: COMMUNICATIONS WITH DEFENDANT REGARDING THE MEMBERSHIP LIST AND OTHER INFORMATION REQUIRED TO BE DISCLOSED UNDER STATE LAWS From: "Elliot Cramer" To: Sent: Saturday, October 19, 2002 12:53 PM Subject: Re: nominees Veronica, Would you please confirm for me that our nominators have been accepted as active members and that our nominees will be on the ballot. On Monday I was at the shelter and asked about seeing the membership list and was told they would get back to me about it later in the week. All of them stated that they were active members but I want to be sure since I can easily get more signatures before the Nov 1 deadline. Elliot ________________________________________________________________ Date: Mon, 21 Oct 2002 11:02:36 EDT From: Lwaltersaps@aol.com To: cramer@email.unc.edu Cc: ptbeyle@mindspring.com, bhmnc@bellsouth.net Subject: Nominees Mr. Cramer, there are six signatures on the petitions for the APS Board that are not valid because they are not current members. These nonmembers include, William Kirk, Sharon Kirk, Peter Kaufman, Hope Toscher, Marvin McCauley, and Ann Rogers. The by-laws require that the petitions must be signed by current APS members only therefore the petitions are invalid. It is up to you and the other nominees to ensure that the petitions are signed by actual APS members. In response to your recent statement that I am a liar regarding the number of animals returned each month, you are in need of correction. There is on average 3 to 4 animals returned each month. This is down from the average of 12 each month in 2001. This is obviously evidence that our temperament testing program has done exactly what it was intended to do - make good permanent matches between animal and family. Please contact me should you need any of your other false information corrected. In regard to your requests for the membership list and the current list of Board members and their email addresses, neither are available to the public. Laura Walters APS Executive Director ________________________________________________________________ Date: Mon, 21 Oct 2002 11:49:13 EDT From: Lwaltersaps@aol.com To: cramer@email.unc.edu Cc: ptbeyle@mindspring.com Subject: Re: Nominees Ann Rogers will need to send me her receipt for when she last paid her annual dues. According to our records, she expired October 1, 2000. As for inspecting our membership list, as I already told you, that is not available to the public. Laura Walters APS Executive Director ________________________________________________________________ October 28, 2002 Phone call with APS attorney Merritt about request for membership list. His secretary wendy said he received fax ________________________________________________________________ Date: Sun, 27 Oct 2002 12:57:28 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Laura Walters , Ron Merritt , Dr. Steve Halkiotis Subject: Re: Petitions Thank you for your consideration. Since Mr Merritt does not return E-mails and seems to be reluctant to put anything in writing, it appears that I cannot rely on him for answers to my questions. Since the notice of the Annual Meeting and Election was sent out on Thursday. I request that I be allowed to inspect the Membership list and obtain a computer file containing that list for the purpose of communication with other members concerning the meeting. I would like to do this on Monday November 28 or as soon thereafter as possible. ________________________________________________________________ Date: Mon, 28 Oct 2002 14:53:26 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Laura Walters , Ron Merritt , Dr. Steve Halkiotis , Chococat9000@hotmail.com Subject: Re: amended request for membership list I still have not received a response to my request. I have faxed a copy to Mr. Merritt and his secretary placed it on his desk. He has not returned my phone calls. Is it STILL your position that you will not provide access to this information? ________________________________________________________________ From cramer@email.unc.edu Tue Oct 29 10:00:00 2002 Date: Tue, 29 Oct 2002 09:59:11 -0400 (EDT) From: Elliot Cramer To: Ron Merritt Subject: requests for membership information October 29, 2002 Mr Merritt: The APS has asked me to contact you with my questions but you do not respond to E-mails, phone calls or faxes. I sent this request last night and I am faxing it to you as well. Please respond to me by fax 929-9623 or by E-mail. I request that you advise your clients to comply with my legal requests for membership and Board information or that you advise me of the reasons for that denial. Elliot M. Cramer ________________________________________________________________ Date: Tue, 29 Oct 2002 01:16:32 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Laura Walters , Ron Merritt , Dr. Steve Halkiotis , Chococat9000@hotmail.com Subject: Re: amended request for membership list Since I haven't had any response to my many requests and, given Ms Beyle's statement of openness to the Orange Board, I shall be at the APS office tomorrow at about noon to view your alphabetical listing of members and to make a copy of the computer file. If another time is more convenient, please advise me. Otherwise I shall have to have Superior Court enforce my request. Elliot M. Cramer PO 428 Chapel Hill, NC 27514 919-942-2503 Cramer@UNC.EDU www.unc.edu/~cramer ________________________________________________________________ From: "Elliot Cramer" To: "Virgina Ellington" Sent: Tuesday, October 29, 2002 10:29 AM Subject: Re: amended request for membership list I'm not the public; I'm a member. Merritt should be smart enough to know that it is available to me. You seem like a very nice person and I'm sorry that you are supporting these people elliot ________________________________________________________________ Date: Tue, 29 Oct 2002 11:21:29 -0500 From: Virgina Ellington To: Elliot Cramer Cc: ptbeyle , Lwaltersaps@aol.com, bhmnc@bellsouth.net Subject: Re: amended request for membership list Mr. Cramer: Again, I repeat in case you did not receive my prior message: "Our membership list is not available to the public Virginia T. Ellington,Secretary Animal Protection Society of Orange County" ________________________________________________________________ Date: Tue, 29 Oct 2002 01:16:32 -0400 (EDT) From: Elliot Cramer To: Virgina Ellington Cc: ptbeyle , Laura Walters , Ron Merritt , Dr. Steve Halkiotis , Chococat9000@hotmail.com Subject: Re: amended request for membership list Since I haven't had any response to my many requests and, given Ms Beyle's statement of openness to the Orange Board, I shall be at the APS office tomorrow at about noon to view your alphabeti cal listing of members and to make a copy of the computer file. If another time is more convenient, please advise me. Otherwise I shall have to have Superior Court enforce my request. Elliot M. Cramer ________________________________________________________________ October 29, 2002 again called Merritt about request for membership list Candace asked if I had sent him an email and said she would give it to him ________________________________________________________________ Date: Wed, 30 Oct 2002 16:13:59 -0500 From: Virgina Ellington To: Elliot Cramer Subject: Request for Membership List Mr. Cramer: Mr. Merritt, the APS attorney, has advised me to inform you that we will get back to you early next week regarding your request for the membership list. I will contact you again then. Virginia T. Ellington, Secretary APS Board of Directors ________________________________________________________________ Date: Tue, 5 Nov 2002 13:28:01 -0500 From: Virgina Ellington To: Elliot Cramer Subject: Membership List Mr. Cramer: To follow up on our communication of last week, the Animal Pro tection Society of Orange County membership list is not avail able. Virginia T. Ellington, Secretary Board of Directors ________________________________________________________________ Date: Tue, 5 Nov 2002 18:18:29 -0500 (EST) From: Elliot Cramer To: Virgina Ellington Cc: Thad Beyle , Dr. Steve Halkiotis Subject: Re: Membership List Thank you for the information. I find it interesting that on this election day, you make no mention of the fact that your Board voted yesterday to take voting rights away from the APS Membership. You WILL give me the Membership list since it is my right under State law. It is unfortunate that you have a criminal attorney advising you who (apparently) doesn't understand the law. I believe that he and the Board have behaved most dishonerably. Elliot M. Cramer ________________________________________________________________ November 7, 2002 To: Don Merritt Attorney, Animal Protection Society of Orange County sent by fax 967-9089 and Email bhmnc@bellsouth.net 8:45am Pat Beyle President, Animal Protection Society of Orange County sent by Email ptbeyle@mindspring.com receipt acknowledged by Ann who put it on his desk 9:03 a.m. From: Elliot M. Cramer APS member and Board nominee Email Cramer@unc.edu fax 919-929-9623 Subject: Demand for a. Opportunity to inspect of alphabetical APS membership list b. Opportunity to inspect a computer file of this list c. Opportunity to inspect other APS records I, Elliot Cramer, a member of APS and a nominee for the APS Board have, on numerous occasions requested the above from you and the APS Board. On October 27 I wrote you stating "Since the notice of the Annual Meeting and Election was sent out on Thursday. I request that I be allowed to inspect the Member ship list and obtain a computer file containing that list for the purpose of communication with other members concerning the meet ing". I have contacted you by E-mail, by fax, and by phone, most recently on October 29, 2002, but you have not responded to these lawful requests. The Executive Director of APS and APS board members have stated that "neither are available to the public", but I am not "the public" but rather a Member of APS, seeking this information for the above lawful purpose. On October 29, Ms Ellington the APS Secretary wrote me saying "Again, I repeat in case you did not receive my prior message: Our membership list is not available to the public" On October 30, Ms Ellington wrote me saying "Mr. Merritt, the APS attorney, has advised me to inform you that we will get back to you early next week regarding your request for the membership list. I will contact you again then." On November 5 , Ms Ellington wrote me saying "To follow up on our communication of last week, the Animal Pro tection Society of Orange County membership list is not avail able." This was one day after the APS Board voted to change the Bylaws, removing voting rights from the Membership. I had written to you on October 23, saying "Will you notify me of any forthcoming special board meetings or do I have to ask you every week if the bylaws have been changed" but I was not notified. It is clear that you have acting in bad faith in obstructing my lawful efforts to seek election to the APS Board. I am sure you are familiar with the North Carolina Statutes which are the basis for this request, which I quote below. Since APS will have prepared a computer file to print the Membership list, it is of course a trivial matter to copy this file to a diskette provide by the member. I demand that you comply with the statute and notify me by Novem ber 8 by fax and US mail that, upon 24 hours notice, you will provide the above requested information and access to me and any APS member or their representative. In addition I demand that you notify me by November 8 that you will comply with 55A-16-02 and allow the relevant inspection of records by APS Members with five days notice. We will wish access to records after Jan 1, 2002 and I demand that you notify the APS staff and Board that they may not destroy any records covered by this action. Since the APS election is on December 9, time is of the essence. If I do not hear from you by November 8 , I will seek appropriate remedy from the Orange County Superior Court. North Carolina Statutes 55A-7-20. Members' list for meeting. (a)After fixing a record date for a notice of a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice of the meeting. The list shall show the address and number of votes each member is entitled to cast at the meeting. (b) Beginning two business days after notice is given of the meeting for which the list was prepared and continuing through the meeting, the list of members shall be available at the corpo ration's principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be held for inspection by any member for the purpose of communication with other members concerning the meeting. A member, personally or by or with his representatives, is entitled on written demand to inspect and, subject to the limitations of G.S. 55A-16-02(c) and G.S. 55A-16-05 and at his expense, to copy the list at a reason able time during the period it is available for inspection. ' 55A-16-03. Scope of inspection rights. (b) The right to copy records under G.S. 55A-16-02 includes, if reasonable, the right to receive copies made by photographic, xerographic, electronic, magnetic, or other means. (c) The corporation may impose a reasonable charge, covering the costs of labor and material, for producing for inspection or copying any records provided to the member. The charge shall not exceed the estimated cost of production or reproduction of the records. ' 55A-16-02. Inspection of records by members. (a)A member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in G.S. 55A-16-01(e) if the member gives the corporation written notice of his demand at least five business days before the date on which the member wishes to inspect and copy. (b) A member is entitled to inspect and copy, at a reasonable time and reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection (c) of this section and gives the corporation written notice of his demand at least five business days before the date on which the member wishes to inspect and copy: (1) Excerpts from any records required to be maintained under G.S. 55A-16-01(a), to the extent not subject to inspection under G.S. 55A-16-02(a); ________________________________________________________________ November 11, 2002 APS Board meeting I ask Merritt if he will respond to me about membership list. he says "you have your answer" Cramer: "you mean email from Virginia?" Meritt: "yes I'm not going to advise you" ________________________________________________________________ Date: Sun, 17 Nov 2002 13:46:36 -0500 (EST) From: Elliot Cramer To: Pat Beyles To: pbeyle@email.unc.edu, Virginia Ellington Cc: Margie Huggins , kendall page Subject: authority for your actions Both of you and the APS attorney, Mr. Merritt have refused me access to the membership list and names and E-mail addresses of the members of the Board. In addition you both have referred me to Mr. Merritt for these and further requests. I believe that such actions must come from the Board or the Executive Committee of which you both are members. Were your responses official actions of the Board or the Executive Committee? If not, I repeat my requests and ask that they be immediately referred to the Executive Committee for prompt action. Elliot M. Cramer ________________________________________________________________ From cramer@email.unc.edu Tue Nov 19 16:39:18 2002 Date: Sun, 17 Nov 2002 22:15:36 -0500 (EST) From: Elliot Cramer To: ptbeyle Bcc: kendall page , wendykimbel@mindspring.com, Margie Huggins Subject: Re: my request at the meeting (fwd) thank you. Do you have an answer to my other question regarding your statements about access to the Membership list and your referring me to Mr Merritt ________________________________________________________________ Date: Tue, 10 Dec 2002 17:25:34 -0500 (EST) From: Elliot Cramer To: ptbeyle Cc: kendall page , Dr. Steve Halkiotis , mwbrown@mindspring.com, Virginia Ellington Subject: Re: Board I would have come, had I known the meeting was on. Virginia told me that there was no power there and she didn't know if the meeting was on. I was unable to reach you. I am still waiting for a copy of the wildlife report and a statement from you and the Board stating that your statements refusing me the membership list and referring me to Merritt had the authorization of the APS Board Elliot M. Cramer ________________________________________________________________ Date: Thu, 12 Dec 2002 11:29:19 -0500 (EST) From: Elliot Cramer To: Ron Merritt Cc: Pat Beyles , kendall page , Margie Huggins Subject: articles of incorporation and financial statement December 12, 2002 Mr. Merritt: Having been referred to you by Ms Beyle, this is to confirm my request that you fax me the APS articles of incorporation. In addition I would like the latest annual financial statements including a balance sheet as of the end of the fiscal year and statement of operations for that year. Elliot M. Cramer ________________________________________________________________ Date: Thu, 12 Dec 2002 11:57:16 -0500 (EST) From: Elliot Cramer To: Ron Merritt Cc: Margie Huggins , kendall page , pbeyle@email.unc.edu Subject: Re: demand for membership list and access to APS records (fwd) Ms Beyle today referred me to you with regard to the question of whether her refusal of the below was authorized by the Board and whether her referral of all correspondence from me to you was so authorized. I would appreciate a response Elliot M. Cramer included Date: Mon, 18 Nov 2002 to Beyles Since I have not had a response from you indicating that you previously advised me with the authority of the Board, I wish to make clear that this and my previous requests are requests of the APS AND the APS Board. I would like to inspect the list and make a copy tomorrow November 19 Subject: Demand for a. Opportunity to inspect of alphabetical APS membership list b. Opportunity to inspect a computer file of this list c. Opportunity to inspect other APS records ________________________________________________________________ Date: Fri, 13 Dec 2002 18:49:10 -0500 (EST) From: Elliot Cramer To: Ron Merritt Cc: Pat Beyles In regard to your telephone call this afternoon threatening me with charges of harassment. As you well know, I was referred to you yesterday by Ms. Beyles, the President of APS, in response to my legal request for the APS Articles of Incorporation and other information available to me by North Carolina Statute. I assume from your calling me that you have been authorized by the APS Board to speak for the Board as their legal representative. If this is not the case, please so inform me in writing and I will no longer contact you with my legal requests. Elliot M. Cramer