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Home My WebLink AboutGovernance Violations, Statutory Noncompliance, Retaliation, and Risk to Public Funds — Lake Elsinore Valley Chamber of Commerce (Nonprofit 501(c)(6)) -For Administrative Re From: bob bobmaaee.net To: Kathryn Viail Subject: [External]Fw: [External]Governance Violations,Statutory Noncompliance,Retaliation,and Risk to Public Funds— Lake Elsinore Valley Chamber of Commerce(Nonprofit 501(c)(6))-For Administrative Record Date: Wednesday,December 17,2025 3:07:01 PM Attachments: ComoressedWritofMandate.odf Message from external sender. Use Caution. Communication from Alex. I did not respond. From: Robert Magee <rmagee@Lake-Elsinore.org> Sent: Wednesday, December 17, 2025 3:01 PM To: bob bobmagee.net<bob@bobmagee.net> Subject: Fw: [External]Governance Violations, Statutory Noncompliance, Retaliation, and Risk to Public Funds — Lake Elsinore Valley Chamber of Commerce (Nonprofit 501(c)(6)) -For Administrative Record Get Outlook for Android From: Robert Magee<rmagee@Lake-Elsinore.org> Sent: Friday, November 21, 2025 7:46:44 PM To: Bob Magee<bob@bobmagee.net> Subject: Fw: [External]Governance Violations, Statutory Noncompliance, Retaliation, and Risk to Public Funds — Lake Elsinore Valley Chamber of Commerce (Nonprofit 501(c)(6)) -For Administrative Record Get Outlook for Android From: alex kowalkoski <alexkowalkoski@gmail.com> Sent: Friday, November 21, 2025 5:31:15 PM To: Robert Magee <rmagee@Lake-Elsinore.org>; Steve Manos<smanos@Lake-Elsinore.org>; Timothy J. Sheridan <tsheridan@Lake-Elsinore.org>; Brian Tisdale<btisdale@Lake-Elsinore.org>; Michael Carroll <mcarroll@lake-elsinore.org>;Jason Simpson <jsimpson@Lake-Elsinore.org>; Barbara Leibold CC<barbara@cega.com>; David Mann <david@cega.com>; calvarez@lake- elsnore.org<ca Iva rez@lake-elsnore.org> Subject: [External]Governance Violations, Statutory Noncompliance, Retaliation, and Risk to Public Funds — Lake Elsinore Valley Chamber of Commerce (Nonprofit 501(c)(6)) -For Administrative Record Message from external sender. Use Caution. I.PURPOSE OF THIS NOTICE This letter places the City of Lake Elsinore on formal notice of ongoing statutory violations,governance failures, and potential retaliation involving the Lake Elsinore Valley Chamber of Commerce("the Chamber"),an organization that receives public support and operates as the City's de facto business development partner.This letter does not request City intervention in the litigation,nor does it seek any action beyond internal review.It is provided solely as a matter of responsible disclosure. This notification is necessary because: • The failures described below involve mandatory California nonprofit law,not internal policy. • The Chamber receives public funds,official recognition,and operational support from the City. • The Chamber's Board and President have refused to comply with multiple statutory inspection requests submitted during my membership. • The Chamber has engaged in conduct that appears retaliatory following a lawful request for corporate records. I am notifying the City so you may take appropriate steps to ensure that public funds,public trust,and government partnerships are not being extended to an entity operating outside legal compliance. I further confirm that I have no financial interest,contract,or prospective gain related to any City action regarding the Chamber.My only interest is ensuring that publicly supported business organizations operate lawfully and transparently. II.STATEMENT OF INTENT AND GOOD FAITH I want to make clear that this notice is not a personal attack against any individual.I recognize that Mr.Cousins has worked with City staff and elected officials for many years,and I understand that raising governance concerns about a long-standing partner can place the City in an uncomfortable position.While some may interpret this as adversarial,it is not.This is about accountability,not hostility. During the past year,I have not spoken publicly about these issues,have not come to the dais to criticize anyone, and have allowed the legal process to proceed quietly and professionally.I am raising these concerns now because I believe in doing what is right,even when it is difficult or misunderstood. As we were all taught growing up—when you see something wrong,you say something.I saw something,and I am saying something,fully aware that doing so may carry personal or reputational consequences.But integrity matters more to me than perception.My intention is simply to ensure that the organizations representing the business community operate with transparency,legality,and fairness. III.BACKGROUND FACTS—SUMMARY OF NONCOMPLIANCE 1.Multiple Statutory Demands Were Made Since Early 2024 California Corporations Code§§6330-6333,7150-7160,and 8320-8324 require nonprofit mutual-benefit corporations to maintain and produce: • bylaws • board rosters and election records • minutes of board meetings • compensation approvals • accounting records • membership lists • governance policies During my membership from February 2024 through June 2025,I issued multiple written statutory requests for these documents.The Chamber produced nothing. 2.Cash Dues Paid in June 2024—No Receipt,No Response I added my Prime Media Consulting Business membership on June 10,2024,in person,with: • President/CEO Kim Joseph Cousins • employee Matthew Dobler • two Board members present I paid cash and was listed as a member on the Chamber's website yet I was never issued: • a receipt • bylaws • election information • any corporate records 3.No Renewal Notices Were Sent to Me—Though Sent to Others This irregularity prevented me from renewing and coincided with: • my prior statutory requests • questions I raised regarding accountability • concerns I raised regarding elections and compensation This created the appearance of retaliatory non-renewal.California Government Code§1222 establishes that failure to perform a mandatory duty,once placed on notice,can create additional legal exposure.This underscores why the City's awareness and review are important,even without taking any side in the underlying dispute. 4.I Renewed Online on November 15,2025—Then My Membership Was Refunded On November 15,2025,1 renewed via the Chamber's website and received confirmation of active membership.Within days of submitting a new statutory demand,my renewal was refunded. This refund occurred: • without any explanation • without notice • without compliance with Corporations Code§7341,which requires • written notice of the reason • the factual basis • an opportunity to be heard • fair procedure This refund appears to be retaliation for requesting the records required by law.For the City's reference, I have attached the complete Writ of Mandate filed in Riverside County Superior Court. This filing does not seek monetary damages of any kind. A Writ of Mandate is a statutory accountability mechanism, not a financial claim, and its sole purpose is to compel compliance with California nonprofit law. 5.The Chamber Has Still Produced No Records As of this notice: • No bylaws • No minutes • No election records • No compensation approvals • No financials • No governance policies • No explanation for the refund • No response from the Board • No compliance with any statutory requirement Publicly funded partners cannot operate in an accountability vacuum.For clarity,I am not requesting that the City suspend funding,terminate any agreements,or impose sanctions of any kind.I am requesting only that the City conduct due diligence consistent with its own standards and public responsibilities. IV.PUBLIC FUNDING AND CITY LIABILITY RISK Since the City provides support and recognition to the Chamber,the City is at risk of: • associating with a noncompliant organization, • unknowingly enabling governance violations, • channeling public funds to an entity with no elections and no financial transparency, • and facing scrutiny for ignoring concerns once notified. The City cannot rely solely on assurances from Chamber leadership because: • the President/CEO is personally named in the statutory violations, • the Board may have been receiving filtered or incomplete information, • and the Chamber may be operating without functioning bylaws,elections,or financial oversight. Once the City is placed on notice,failure to inquire can create municipal exposure. V.NOTICE OF PENDING LITIGATION AND EXHIBITS ON FILE The City should be aware that a Writ of Mandate(September 8,2025)is pending in Riverside County Superior Court regarding: • failure to produce corporate records • failure to conduct lawful elections • failure to maintain bylaws • potential misuse of authority • possible retaliation The Writ includes: • all statutory requests • emails • correspondence • evidence of noncompliance This letter does not request that the City take sides,but that the City is aware of: • the facts, • the timeline, • and the risk. VI.REQUEST FOR CITY REVIEW(Not an accusation—a duty to inquire) Consistent with the City's responsibility to ensure that public partners: • operate lawfully, • maintain transparent governance, • and uphold public trust, I respectfully request that the City: 1. Independently verify whether the Chamber has functioning bylaws 2. Confirm whether legitimate elections have been held 3. Request documented proof of financial accountability 4. Review the Chamber's governance structure 5. Evaluate whether the Chamber's conduct aligns with public funding standards This request is reasonable,fact-based,and grounded in California nonprofit law. VII.Reservation of Rights Nothing in this notice: • makes any allegation of misconduct by the City • asserts wrongdoing by City staff • or requests the City to intervene in the litigation This is strictly a notice for accountability and risk mitigation,and is constitutionally protected under the Right to Petition and litigation privilege. Should the City require clarification,dates,copies of correspondence,or statutory citations,I am fully available to provide them upon request.My goal is transparency,not conflict. VIII.Closing The Chamber plays a visible role in shaping business engagement in Lake Elsinore. The community deserves transparency. Public funds deserve accountability. And governance laws deserve compliance. Silence from the Chamber—and retaliation for lawful requests—should never be the model for any organization representing the business community. This notice is provided in good faith,solely for accountability and institutional awareness,and is not intended to interfere with any City—Chamber relationship or operations. Please note that this notice is not a complaint against the City,nor does it allege City misconduct.My intent is to ensure that City partnerships with outside organizations remain aligned with transparency,accountability,and public trust.This notice is provided strictly for awareness and risk mitigation.I value my working relationship with the City and appreciate the support staff has provided during events I've hosted here. I appreciate your attention to this matter and trust that the City will review these concerns responsibly. Respectfully, Alex Kowalkoski Email:alexkowalkoski c&gmail.com Phone: 847-907-0165