mcnealy papers

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Forwarded Message From: Cheri McNealy <[email protected] > To: "[email protected]"<[email protected]>; Jack Norton <[email protected]>; "[email protected]"<[email protected]"[email protected]"<[email protected]>; "[email protected]"<[email protected]>; "[email protected]"<[email protected]"[email protected]"<[email protected]>; "[email protected]"<[email protected]>; "[email protected]"<[email protected]>; "[email protected]" <[email protected]>; "[email protected]"<[email protected]>; "[email protected]"<[email protected]>; "[email protected]"<[email protected]"[email protected]"<[email protected]>; "[email protected]"<[email protected]>; "[email protected]" [email protected] Sent: Tuesday, April 7, 2015 1:13 AM Subject: Reference Number: 201405547 Doberman Pinscher Club of America April 6, 2015 Dear Mr. Norton, AKC President, Board of Directors and Ms. McManus: Thank you again, and I apologize for the length and delay in my reply to your email of March 23. (Attached, below)) I believe I've located the names and email addresses of AKC's Board of Directors and for my own peace of mind, I will be including them directly on this matter with copies to Mr. Crowley, Ms. McManus and my attorney. **I believe it's imperative that the AKC Board of Director's and AKC's Senior Legal Advisor actually "review" and reexamine the FACTS in my complaint. That complaint included numerous AKC and DPCA By law violations each documented for the AKC in September 2014. ** It is interesting to note, Mr. Norton, that when I initially contacted you for help, you advised me to "send a copy of your concerns regarding the handling of this matter to Mr. Gildner" [ who is not a DPCA member] and I politely refused, citing the AKC's own Charter and ByLaws whichspecifically and clearly state: <<DISCIPLINE: Parent Clubs may conduct disciplinary hearing via teleconference call provided there is a bylaw provision which enables the board to transact business by teleconference and that all parties to the hearing consent in writing. [Emphasis mine]>> <<Disciplinary matters are heard by the board of directors (or, for Parent clubs only, a committee of the board comprised of not less than three directors). The authority to hear disciplinary matters cannot be transferred or delegated to any other individual. [Emphasis mine]>> ~~~~~~~~~~~~~~~~~~~~~~ From your July 29, 2014 email to me: "The AKC requests that you please confirm the date that you emailed your correspondence dated July 24,

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Reference Number: 201405547 - Doberman Pinscher Club of America

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Page 1: McNealy Papers

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­­­­­ Forwarded Message ­­­­­From: Cheri McNealy <[email protected]>To: "[email protected]" <[email protected]>; Jack Norton <[email protected]>; "[email protected]" <[email protected]>;"[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>;"[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]"<[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" <[email protected]>;"[email protected]" <[email protected]>; "[email protected]" <[email protected]>; "[email protected]" [email protected]

Sent: Tuesday, April 7, 2015 1:13 AMSubject: Reference Number: 201405547 ­ Doberman Pinscher Club of America

April 6, 2015

Dear Mr. Norton, AKC President, Board of Directors and Ms. McManus:

Thank you again, and I apologize for the length ­ and delay ­ in my reply to your emailof March 23. (Attached, below))

I believe I've located the names and email addresses of AKC's Board of Directors andfor my own peace of mind, I will be including them directly on this matter ­ withcopies to Mr. Crowley, Ms. McManus and my attorney.

**I believe it's imperative that the AKC Board of Director's and AKC's SeniorLegal Advisor actually "review" and re­examine the FACTS in mycomplaint. That complaint included numerous AKC and DPCA By lawviolations ­ each documented for the AKC in September 2014.

** It is interesting to note, Mr. Norton, that when I initially contacted you for help, youadvised me to "send a copy of your concerns regarding the handling of this matter to Mr. Gildner" [who is not a DPCA member] ­ and I politely refused, citing the AKC'sown Charter and ByLaws whichspecifically and clearly state:

<<DISCIPLINE: Parent Clubs may conduct disciplinary hearing viateleconference call provided there is a bylaw provision which enables the boardto transact business by teleconference and that all parties to the hearingconsent in writing. [Emphasis mine]>>

<<Disciplinary matters are heard by the board of directors (or, for Parent clubsonly, a committee of the board comprised of not less than three directors). Theauthority to hear disciplinary matters cannot be transferred or delegated toany other individual. [Emphasis mine]>>

~~~~~~~~~~~~~~~~~~~~~~From your July 29, 2014 email to me:

"The AKC requests that you please confirm the date that you emailed your correspondence dated July 24,

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2014, to Ms. Mullen and the DCPA’s Board of Directors. Also, if you have not already done so, the AKCrecommends that you also send a copy of your concerns regarding the handling of this matter toMr. Gildner." [Emphasis added]­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­And my response on the same date:

I'm sorry, Mr. Norton, but given the conflict of interest with regard to Mr. Gildner'srepresentation of ­­­ first our President and Vice President (he was originally hiredwithout Board knowledge and/or action) ­­ who only lately became the DPCA'sattorney ­ the Board of Directors of the DPCA and/or the Recording Secretary canforward my correspondence to Mr. Gildner if they want him to see it. The DPCA'sConstitution and By laws, as well as the FAQ Sheet by the AKC discussingParent Club Discipline SPECIFICALLY prevent Mr. Gildner's participation in thisaction. [Emphasis added]

~~~~~~~~~~~~~~~~~~~~Additionally:

Mr. Gildner, as you know, was appointed and acted as "hearing presider" over mydisciplinary hearing on August 15, 2014 in direct violation of DPCA & AKCBylaws ­ bylaws I shared with the DPCA Board of Directors multiple timesduring the process and which they consistently ignored. [For the record,again, that evidence was included with my September 4 complaint to AKC.] AKCBylaws further instruct that telephonic hearings are allowed *only* with the *writtenconsent* of all parties, which I advised the Board, from start to finish, I would *not*provide.

There is no provision in the Michigan State Not For Profit Law that would allowDPCA or Mr. Gildner to ignore DPCA or AKC's bylaws in either regard. As a matter offact, MSNFP law specifically and repeatedlyprefaces all portions of the law with thisterminology: <<"Except as otherwise provided in the articles of incorporation orin a bylaw adopted by the shareholders or members..." >> clearly deferringinevery instance to the Bylaws of any NFP Michigan corporation itself.

www.dleg.state.mi.us/bcsc/forms/corp/ stat/act162.pdf (The Michigan State Nonprofit Corporation Act 162 of 1982).

AKC is aware of that fact, I believe, as it is acknowledged in your own FAQ publication, accessible onAKC's official website:

BYLAW FAQ's: AUTHORITY (Order of) The rules governing a club, beginning with the highestauthority, are: applicable Laws of the State in which the club is incorporated;Constitution and Bylaws; Rules of Order (parliamentary procedure); and StandingRules. Most corporate statutes usually provide clubs with latitude since they

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refer most issues back to the bylaws.There will be cases where the bylaws are silentand the statutes will prevail. [Emphasis added]

~~~~~~~~~~~~~~~~~~And, from your March 20, 2015 email to me [in full below], you stated:

"The AKC Board of Directors votes on things like filing charges and imposingpenalties are not recorded."

However, from the AKC Minutes posted on your website last summer with regard to DPCA's 2014election:

<<The Doberman Pinscher Club of America

The Board reviewed a report on alleged Bylaw violations on the part of the board of the DobermanPinscher Club of America (DPCA). Article III, Section 4 of the DPCA bylaws specifically provide thatthe Board may fill any vacancy in officer or board positions only until the Annual Meeting.While beingadvised of this by AKC, the Board of the DPCA insisted on filling the vacancies for president and firstvice president for the remainder of the unexpired term of the individuals previously holding thesepositions rather than until the next annual meeting. The DPCA membership was not afforded theopportunity to submit nominations for the two vacancies. There was a motion by Mr. Arnold, secondedby Mr. Amen, to reprimand the Doberman Pinscher Club of America, and to impose a staff­recommended fine of $500 for the known violation of its bylaws. There was a motion by Mr. Powers,seconded by Ms. Cruz, and it was VOTED (affirmative: Mr. Powers, Ms. Cruz, Dr. Garvin, Dr.Battaglia, Mr. Ashby, Mr. Kalter, Mr. Amen, Mr. Dok, Mr. Arnold, Mr. Menaker, opposed: Mr.Feeney, Mr. Wooding, Mr. Gladstone) to increase the fine to $2,500. The main motion, as amended,was then voted (affirmative Mr. Powers, Ms. Cruz, Dr. Garvin, Dr. Battaglia, Mr. Ashby, Mr.Kalter, Mr. Amen, Mr. Dok, Mr. Arnold, Mr. Menaker, Mr. Gladstone; opposed Mr. Feeney, Mr.Wooding).>>

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

As you can imagine, Mr. Norton ­ it's difficult for me to determine with any accuracy, exactly whatinformation I can trust from AKC.

~~~~~~~~~~~~~~~~~~~~Further:

Mr. Gildner's assertion in his December 22, 2014 response letter to AKC that:

“ABSENT EVIDENCE OF REAL BIAS – AND MCNEALY DOES NOT PRODUCE ANY – THIS COMPLAINTLACKS MERIT”, seems to completely and intentionally ignore multiple documented attempts on my partto alert the DPCA, per AKC's FAQ publication ­ that I could [and did] repeatedly object to the hearingcommittee selections based wholly on their documented bias ­ <<and I did so within the 7 daysrequired by AKC.>>

PER AKC's FAQ publication, featured on the AKC website:

<<Either the complainant or defendant may submit specific objections to any board member participatingin the disciplinary process. The objection must be communicated via U S Mail or fax or electronically to

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the club Secretary within 7 days of receipt of the notification of the hearing. If the objection isupheld and the particular board member’s vote directly affected the decision to entertain chargesand schedule a hearing, the remaining eligible board members must first reconsider the decision toentertain charges and notify both the complainant and defendant within 7 days of the receipt ofany objection.>> [Emphasis mine]

As my evidence consistently and repeatedly documented, there was not a single response to my objectionsfrom the DPCA Board of Directors/Hearing Committee or "hearing presider", ever. I followed AKC'sguidelines to the "T" Mr. Norton and I did not receive the courtesy of a response from the hearingcommittee, the DPCA Board of Directors, or Mr. Gildner himself. My objections were never considered ordebated, much less handled according to the rules cited above. As a matter of record, theywere completely ignored.

So, I'm sure you can see: Mr. Gildner's assertion that my complaint "lacks merit", is not supported by*any* of the evidence included in my September 2014 complaint.Additionally, that was not the onlyexample of Mr. Gildner's gross misrepresentation of the facts in his "response" to AKC. One inparticular stands out in my mind: his accusation that I "boycotted" my disciplinary hearing, when infact:

****I simply refused to participate in a hearing that violated both AKC and DPCA bylaws and I sostated with every communication to DPCA.****

In my opinion, the DPCA decision to go forward IN VIOLATION of AKC and DPCA Bylaws with theendorsement of DPCA's "corporate attorney", the hearing was illegal on its face and deprived me ofdue process from beginning to end. There is no "wiggle room" provided in those bylaws.. They arecrystal clear.

It is interesting to note here, Mr. Norton, that when a complaint is filed with AKC, *evidence* supportingthe allegations is required at the outset. It must be included. Accusations without substantiation are notconsidered. So may I ask: when Mr. Gildner claims my complaint, complete with evidence, is 'withoutmerit' ­ why is that accepted at face value without the same proof you required of me? Why is he allowedto say anything ­ much of it defamatory on its face ­ and the AKC does not ask for substantiation? Why ishis opinionmore valuable than my evidence?

With all due respect ­ if the shoe were on your foot ­ how would you respond? How would *any* AKCBoard member respond? How would a court of law ­ or any reasonably fair minded person handle this?

....And *what message* does the AKC send other clubs ­ other hearing committees ­ other thirdparty "hearing presiders" ­ and other defendants in disciplinary hearings ­ if you allow one club orperson or persons to ignore the rules with total impunity? In DPCA's case, not once, but over andover again? How many contributing members of our little community must be defamed, slanderedand lost to the sport before AKC steps up and acts in accordance with its own Bylaws­ enforcingthem straight across the board, as if they mattered?

In review ­ according to AKC "FAQ" about discipline as it applies to Parent Club matters:

(1) <<<DISCIPLINE: Parent Clubs may conduct disciplinary hearing via teleconference callprovided there is a bylaw provision which enables the board to transact business by teleconferenceand that all parties to the hearing consent in writing. [Emphasis mine]>>>

(2) <<<Disciplinary matters are heard by the board of directors (or, for Parent clubs only, acommittee of the board comprised of not less than three directors). The authority to heardisciplinary matters cannot be transferred or delegated to any other individual.[Emphasismine]>>>

(3) The DPCA was informed, repeatedly, during the entire disciplinary process, that they were in violationof AKC, DPCA and Michigan State Law with the actions and inaction they intentionally took....and as Ihave stated ­ and proven ­ over and over again ­ NOT ONCE, not EVER, was there a response to any of

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my questions, objections, or communication(s) to them, even when those communications included,for their convenience, applicable AKC and DPCA Bylaws along with Michigan State Not For Profitlaw. Even when AKC's rules *allowed* me to object within a certain specified amount of time which Idid). Proof of every email and/or certified letter to the DPCA regarding my disciplinary hearing wasprovided to the AKC with my September 4th complaint andevery NON response was duly noted.

That should have been something worthy of closer inspection by the AKC over the seven monthsmy complaint was in your hands. That it obviously was not, is of great concern to me, particularlywith the receipt of your March 11 letter stating: "Please be advised, the AKC determined that theDPCA did not violate its bylaws when imposing the action. Therefore, jurisdiction over thecomplaint has been denied."

In actuality, Mr. Norton, I don't believe I ever questioned or complained to AKC about the action"imposed" on me by DPCA. I paid my fine and accepted my suspension ­ the maximum punishmentallowed [short of expulsion] for my transgression (sharing AKC's June 11 Directive with a Dobermanspecific email list ­ which, a few days later, appeared on AKC's website!). Rather, my complaint wasfocused 100% on documented bylaw violations ­each clearly identified ­ with pages of evidence Iincluded with the complaint and many of those specifically deprived me of "due process" frombeginning to end.

If AKC ignores those FACTS, you effectively set the stage for more of the same in the future ­ notonly from DPCA, but from EVERY club under your umbrella. It is, indeed, the very worst kindof "slippery slope" because it sets a dangerous precedent that will, no doubt, eventually comeback around to do damage to the American Kennel Club and the sport itself. How can it NOT?

If we further consider a few other items of concern ­ including communications from a member of theDPCA Board of Directors that seems to indicate, at best, some collusion with the DPCA on the partof AKC or at worst, prejudice and/or fear on the part of the AKC to address anycomplaint against DPCA, regardless of the evidence ­ (**see #1 and #2 below) ­ I'm sure you canunderstand why I'm not ready to quietly accept AKC's determination in this matter. I think 35+ years asa contributing member in good standing of the DPCA, devoted to the club and Dobermans is reasonenough to have my complaintcarefully evaluated by the AKC Board of Directors ­ giving all dueconsideration ­ and respect ­ to the facts in evidence. Some of which Mr. Gildner openly admitted toin his December 22 response to you!

**#1:From: Adrian Woodfork [mailto:[email protected]] Sent: Tuesday, February 17, 2015 11:47 PMTo: [email protected]; Sandy TeagueCc: [email protected]: Re: Lest history repeat itself Michelle, Judy Bingham may have threatened to go to the IRS a few years ago but that never occurred. However,currently we have a force within the ranks of the boardroom who has given board information to DPCA with hopes ofdestroying the DPCA. Fortunately, the AKC totally understands whats going on... finally. Adrian

[Mr. Woodfork is an AKC judge as well]

**#2:

From: Adrian Woodfork [mailto:[email protected]] Sent: Thursday, March 05, 2015 1:14 AMTo: [email protected]; [email protected]; Jack NortonSubject: Re: Dear Officers' ,Board and Mr. Norton

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Michelle and fellow members,

The American Kennel Club's key directors and managers are totally aware of the disruptive behavior of DPCAboard member Sandy Teague. In fact, they are aware of the upheaval brought on by others... due to the factthat these individuals have revealed themselves to be petty obstructionists who constantly use the AKC as athreat to aid them in their attacks against a progressive minded president and the majority board membersefforts to make a difference for this club and breed to survive and prosper. Adrian Woodfork Board Member

[Mr. Woodfork is an AKC judge as well]

~~~~~~~~~~~~~~~~~~~~~~~~~I tried to handle this situation on my own, carefully following your instructions and DPCA/AKCBylaws to the letter. Along with my original complaint ­ sent Priority Mail on September 4, 2014 ­ Iincluded every communication I had with DPCA ­ and their decision to ignore my efforts was painfullyobvious with each follow up letter/email I sent to them, almost begging for a reply. Almost everycommunication to the DPCA from me INCLUDED pertinent portions of Michigan State NFP law, AKC andDPCA Bylaws, for their convenience; and so there would be no misunderstandings in terms of whatexactly was being challenged by me....challenges allowed by AKC Bylaws. Evidence that I advised theDPCA of a matter of bias with regard to their selection of the hearing committee itself (PER AKC'sguidelines ­ see excerpts above) accompanied the September 4th complaint. I made it my business tofind the rules, study and obey them ­ while the DPCA either ignored them outright, or dismissed them asunimportant; and for my effort to respect the system, I'm punished ­ while DPCA suffers no consequencesat all. How does that benefit "the sport"?

It is now painfully apparent to me that trying to do this on my own, with guidance from the AKC, was aserious mistake on my part; complicated by the fact that I trusted the AKC to focus on DPCA'sintentional bylaw violations ­ along with the Michigan State NFP Corporation Act ­ and to make adetermination about those violations objectively. Despite many pages of irrefutable evidence confirmingDPCA's egregious behavior, their intentional and willful refusal to comply with Michigan law orDPCA/AKC bylaws ­ combined with the admission of DPCA's "corporate attorney" ­ that he had, in fact,determined some of the violations happened ­ butwere not important ­ the AKC Board of DirectorsSTILL declined to 'entertain jurisdiction' in this matter, claiming the DPCA had done nothing wrong.

Frankly speaking, Mr. Norton, I'm not sure if the AKC Board of Directors arrived at that decision becauseof its previous experiences with DPCA and the now infamous faux pas with the club last summer [ourelection of 2014 and the Derivative action brought against you by Dr. and Mrs. Arthur Greenwood], or ifsomething else was afoot ... because if the AKC had actually read my complaint, and even briefly studiedthe evidence, there is simply no way on God's Green Earth it could have 'determined' that my disciplinaryhearing was handled in compliance with DPCA's Bylaws, AKC's Bylaws or Michigan State law!

I'm wondering if you were you aware that Mr. Gildner's December 22 letter to AKC, written on behalf ofthe DPCA Board of Directors, was not seen by the Board until January 21, 2015? Were you aware thatthey had no idea what Mr. Gildner had written in response to AKC's inquiry about my complaint andmultiple requests to see the letter were denied for over a month? Were you aware that there was nodiscussion or debate among the Board members about the content of the letter ­ nor was there a Motionmade, seconded or approved by the Board giving Mr. Gildner permission to send the letter? [SeeAttachment #2]. It was not until several members of the Board advised the President that in the event oflitigation, they would not accept responsibility ­ or liability ­ for what was said on their behalf ... becausethey did not KNOW what was said!

Were you also aware that the day before I received your letter of March 11 ­ the President of the DPCAsent out a DPCARep to the ENTIRE membership advising them of DPCA's "vindication" in this matter ­with a link to Mr. Gildner's December 22 response to AKC ... featuring numerous defamatory statementsabout myself and the entire disciplinary process? [See below for copy of that Rep with live

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links]. Considering that was the basis of the grievance filed against me last July ­ that I shared "private"communications from AKC with my email list ­ how can Ms. Santana and the DPCA Board (whosuspended me for 6 months and fined me $1,000.00 for the same thing) justify the release of the March17 DPCARep to the membership? How is it possible? How is it fair? How is it right? How does it "do"anything productive or positive for DPCA? For Dobermans? For the sport?

I have nothing more to lose, Mr. Norton. I've been suspended. I've been fined. I've been ridiculed,disrespected and ignored in this matter ­ by both the DPCA and the AKC ... after 30+ years ofdedication and total devotion to a breed and a club where I served honorably for many of those yearsdonating my time, talent and money without a problem. Now everything has changed. This is my newlegacy. This is how I will be remembered, despite valiant efforts on my part to engage the AKC­ according to the rules because important bylaws had been intentionally ignored. This is "it" forme. I understand now, with shocking clarity, that the American Kennel Club is happy to "go alongand get along" and that you are not interested in taking a stand ­ especially if you fear that may leadto litigation or the threat of litigation from a club and/or some of their members.

I know, just as you do ­ just as does the rest of the dog world ­ that there are seriousproblems plaguing the Doberman Pinscher Club of America today. Though some of them can easilybe addressed with the next election ­ more than a few are much larger and more insidious tothe organization, the AKC and the sport itself ­ and truly require your objective intervention now. Thatyou have apparently decided to look away in surrender, "hoping for the best", could quite likely explainwhy "the sport" is in so much trouble today. With all due respect and candor, let me assure you: Idoubt "hoping for the best" is a viable approach to this situation. I doubt, in the end, it will serve you ­ or"the sport" well. Unfortunately, "the best" never comes easily or accidently just because we want it. "Thebest" is always by design ­ and follows hard work and sometimes, difficult decisions. Those of you whothink otherwise and are surely in for a rude awakening.

The courtesy of a reply to my request that you review my complaint AND the evidence submitted to you onSeptember 4, 2014 would be appreciated.

Thank you for your time.

Most Sincerely,

Cheri McNealy

2913 Candleberry Way

Fairfield, CA 94533

707 429 3730

[email protected]

I have attached the following documents below:

1. Communications between myself and Jack Norton ­ March 2015

2. DPCA Board communications regarding Gildner letter

3. A bit of my history with DPCA

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~~~~~And, because I want to maintain the "live" links in the two documents that follow, I have includedthem as part of this email.~~~~

1. The DPCARep of March 17 from DPCA President Michelle Santana to the ENTIRE DPCA membershipreferencing how AKC "vindicated" the DPCA, including a copy of Mr. Gildner's response to AKC. (LINKSARE LIVE)

2. A copy of an email I sent to the entire DPCA Membership last September 28th ­ with links to some ofthe evidence regarding my September 4th complaint to AKC. The links are still live.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

1.

From: DPCA Rep <[email protected]>To: [email protected] Sent: Monday, March 16, 2015 8:37 PMSubject: AKC BOD Vindicates DPCA

March 17, 2015

Dear DPCA Membership,

I am pleased to announce that the American Kennel Club Board of

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Directors vindicated the Doberman Pinscher Club of America Board ofDirectors in allegations brought forth by a DPCA member complaint filedwith the AKC Compliance department. Read the AKC correspondencereceived today here.

A Little HistoryIn November the DPCA Board received a communication from JackNorton, Director of Compliance Support for the AKC that a complaint hadbeen duly filed, per the AKC Bylaws, against the Doberman PinscherClub of America.

An AKC investigation began of the DPCA's process and proceduresfollowed in the processing of a disciplinary hearing last summer. Thematter was turned over the the DPCA General Counsel, as Mr. Gildnerwas our step­by­step advisor in adhering to our Bylaws and Michigan lawin the processing of that disciplinary proceeding. Mr. Gildner respondedback to the AKC investigation in December. Read that response here.After Mr. Gildner's response, I inquired with the AKC what the next stepwas and I was informed that the matter would be presented to the AKCBoard of Directors for review at one of their scheduled Board meetings,which apparently was on their March agenda. I am pleased that this matter is now closed.

Additionally, at the March 3rd meeting of the DPCA Board, I had DPCAGeneral Counsel telephonically attend to discuss the DPCA/AKCsettlement on the Greenwood derivative matter. The Board adopted amotion to have me sign the settlement agreement, which I did March 5thafter having it notarized. It must still be presented to a Michigan judge for finalization but itappears that matter is now behind us as well!

Sincerely, Michelle Santana DPCA President

View the November 2014 issue of the In Touch! Newsletter here

Please do not reply to this message to contact the Board of Directors

please use the email address provided on dpca.org.

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This message from DPCA Rep is intended for DPCA members. For information onbecoming a DPCA member, visit www.DPCA.org

| DPCA | 5361 Bedfordshire Av | Harrisburg | NC | 28075

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From: Cheri McNealy [mailto:[email protected]] Sent: Sunday, September 28, 2014 8:18 AMTo: '[email protected]'Subject: Letter to the DPCA Membership Dear DPCA Members: Some of you know me simply as the “McNealy” signature on about 35 years of Doberman photography. Some ofyou know me as the co­owner and moderator of the Cyberdobes email list for the last 16 years. More than a few ofyou know me as both. And, lucky for me, many of you know me as a friend who has devoted most of my adult lifeto advocating FOR the Doberman Pinscher, in every way imaginable, on my own and as a loyal, contributingmember of the Doberman Pinscher Club of America ­ almost continually since the early 1980’s. For those of you who don't know me, my name is Cheri McNealy. My history with DPCA and Dobermans over the last 30+ years has included 'hands on' support of anything andeverything having to do with the preservation and protection of the breed: things like rescue, veterinary research,longevity programs, health testing, education, legislation and documenting breed history. Imagine my surprise then, when I was recently served with a grievance complaint (Original Notification) filed byDPCA member Judith Bingham, accusing me of having a “clear intent to do damage to the DPCA.” Consideringsome of the posts made by Judith Bingham on the DobeExchange email list (Bingham posts) about me, it was evenmore surprising that the DPCA Board of Directors would vote to “entertain jurisdiction” of the complaint. Since I‘m still getting several questions a week from fellow DPCA members asking, “What happened?” – andbecause the events surrounding my August 15 Disciplinary Hearing are ALL documented *and* mine to share – aftercareful thought, I have decided it is imperative that I do so. Why? Because “there but for the Grace of God” go any of you. And the sooner you know it, the better chance you’llhave to recognize it – and deal with it. The first thing you need to know is that from start to finish, the DPCA Board of Directors and their appointed HearingCommittee were frequently in violation of both AKC and DPCA's Bylaws as they relate to handling disciplinarymatters. (The full DPCA Constitution and Bylaws are athttp://dpca.org/club/DPCA_CB.htm, but you can readjust Article VI, the section on discipline here. The AKC has a FAQ on their Bylaws here, which addresses disciplineby Parent Clubs.)

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On July 21, 2014 a second notice was delivered, this time as stipulated in the Bylaws: certified/return receiptrequested (July 21 Second Notice From Mullen but minus instructions on how to participate in the hearingprocess and minus "charges and specifications" of the complaint (per C+B). This notice introduced a 3rd party non­member as the "Hearing Presider" in violation of AKC and DPCA C+B ­ and among other things, advised there wouldbe a “telephonic hearing” from the office of the 3rd party; and required that I forward "all necessary evidence" to theoffice of that individual 3 days before the hearingin violation of the AKC and DPCA C+B. See DPCA Board Minutes from July 1 ­ Continued until July 15 (Minutes July 15) which allowed the Board to appointa non­member 3rd party “hearing presider” for this grievance ­ in conflict with both AKC and DPCA's Bylaws. On July 24 – by USPS overnight mail and email, I responded to Ms. Mullen and the Board (July 24 Me to DPCA withBingham quotes). The reply included specific, documented objections to the demands made in the July 21 noticeand cited AKC and DPCA Bylaw violations of the disciplinary process. It ended by asking how to proceed. I neverreceived a reply. Notarized Statement from David HortonNotarized Statement from Shirlee Walker On August 11, I received a notice from the Recording Secretary (Aug 11 Notice from RS of Aug 15 Hearing Date)advising me of the August 15 hearing. Ms. Reeves­Hunt also emailed advising she would need advance notice of allphone numbers calling in for the telephonic hearing. On August 11, I again wrote (Aug 11 Eighteen Days Have Passed) the entire Board and Hearing Committee,reviewing their AKC/DPCA Bylaw violations and my legal objections to the hearing. I never received a reply. On August 12, I sent a follow up (Aug 12 Me to Board Follow Up Review) review of the objections and Bylawviolations. I never received a reply. On August 14, I sent a "final communication" (Aug 14 Final From Me To Board) to the entire BoD and HearingCommittee. I received a confirmation from Sandy Teague, Corresponding Secretary, that the Board had indeed,received my email. NO OTHER REPLY OR RESPONSE WAS RECEIVED. On August 25, a certified letter arrived from Theresa Mullen dated August 15th (August 15 Hearing Findings)outlining the Committee "findings". It was a copy rather than an original, signed by Morris "Skip" Lee, LesleyReeves­Hunt and Mary­Helene "Mimi" Brown, MD. Theresa Mullen did not sign. On August 29th, I sent an email inquiry (Aug 29 Inquiry RE Hearing Findings) to the DPCA Board/Hearing Committeewith some questions about their "findings.” On August 29th, Michelle Santana replied (Aug 29 Reply From M. Santana) that she would “pass on” my inquiry tothe unidentified "hearing presider,” but I should not expect "re­contact" until sometime later the next week. August 29 ­ September 2 ­ I made five separate attempts (Aug 29 thru Sept 2) to find out who had been the “hearingpresider” at my “trial” with NO REPLY. September 2 ­ Morris “Skip” Lee finally responds (Skip Lee Sept 2) that I should "See July 18 registered letter" formy answer. September 2 ­ My response to Mr. Lee (Skip Lee no July 18 letter). This is my final communication to the Board. September 2 ­ My $1,000.00 check is paid to DPCA, sent directly to John Schoeneman, with a note “under protest.” (PAYMENT UNDER PROTEST) NO REPLY. According to my bank, the check has been cashed. Though my “fate” has been sealed by an obviously biased Hearing Committee, appointed by a Board of Directorswith a history of punishing and silencing their critics by any means available to them ­ sharing my story, with proof ­may help other DPCA members who find themselves at the mercy of the current Board of Directors because of their“divergent” opinions or ideas. Sincerely,

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Cheri McNealyProud Contributing Member of the DPCA for 30+ YearsIn Good Standing until August 15, [email protected] 429 3730 Two notable membership applications were REJECTED by this Board recently: Larry McNealy, my husband of 47 years and longtime DPCA member/contributor. Read about it here. Also rejected was Saundra Urbacke, who is currently on Active Duty with the United States Army, a past member ofDPCA and who was serving as the Secretary of her local Chapter Club until her DPCA membership rejection. Readabout it here. And finally, how my request for a replacement ballot for the 2014 Election was handled: read about it here. If you are having trouble reading this email, you may view it on the web here.

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