Editorial: Just Thinking Aloud by Paul Frommelt
The only entity that we directly affected by removing the Payson appointed RCEA Board of Directors is the RCEA. The RCEA has no quorum to act on anything so, the RCEA cannot act in any capacity as a political subdivision to initiate any legal action. The RCEA has claimed and is described as a separate legal entity, an entity not controlled by any other entity or organization except its members’ parties (Town of Payson and Town of Star Valley) and only to the extent allowed in the Intergovernmental Agreement. No other entity or organization should have any grounds to bring suit due to their lack of legal standing and their lack of being directly harmed by the member’s actions. We had no legal duty or responsibility to consider how our actions may affect any third party. We had a right to act in our best interest and to protect those interests without regard to how those actions may affect a third party that we no implied agreement or contractual relationship. My understanding of our IGA with the SLE would not allow any unrelated third party to act on the RCEA’s behalf as it relates to the Town’s relationship with the RCEA. Now enter the Lease – Leaseback Agreement between the RCEA and the RCEF. I would like to think that any agreement between the RCEA and the RCEF would be adjudicated as a relationship and that the town had taken no part in and has no responsibility to protect or defend. It is my belief that agreements and contracts between the RCEA and the RCEF would be adjudicated as fraudulent due to the extreme conflicts of interests involved and the obvious last-minute maneuvering designed to block the Town’s efforts to exercise its proper authority under the term and provisions of the IGA to protect its interests. So assuming Star Valley follows suit and removes their RCEA Board members, and the RCEA no longer has a quorum, then they can no longer do business. I think they then could no longer be a part of any lawsuit, correct? Then Kenny will be holding the bag for that one.
