September 11, 2009
Subject: FLGenWeb, Inc. Foes and Woes
Byline, Carol Domingo Sanchez
Florida: The melodramatic play continued and the cast of players has grown. Outsiders have crept into the fray. Some have protested, while others protested the protestors. The Grievance Committee has pondered the infamous case of Tornow vs. FLGenWeb, Inc. The Advisory Board officially avoided involvement whilst Nola sent emails to members of Florida's Board of Directors claiming to have the inside scoop direct from the USGenWeb Advisory Board, and 'inside' information about various other members in Florida volunteers in a rambling thousand word email. This reporter found it to be a general character assignation devoid of facts.
On another front, a race is on to stack the CC and ACC positions with members friendly to the new kingpins. Laverne Tornow has been blasted on the Florida List while dire warnings were stated about talking to others about Project business. The admonishers are apparently exempt from that phantom rule.
In what has been described as standard operating procedure for USGenWeb, a campaign against the victim was launched. The victim received communications from Florida citizens, some not connected with FLGenWeb, Inc. asking why she stole from FLGenWeb, Inc. The smear campaign against Laverne Tornow implied and insinuated she embezzled funds from FLGenWeb, Inc, solicited funds for FLGenWeb, Inc. diverting them to her own account, and all the usual charges like wanting to take over FLGenWeb, Inc.
The facts are that Laverne Tornow conducted extensive research for a new member who said he wanted to make a donation. Laverne Tornow requested any donations be sent to FLGenWeb Project, Inc. Tornow does not charge for services performed for fellow FLGenWeb members. Tornow was instrumental in getting FLGenWeb, Inc. off the ground. She personally incurred thousands of dollars in attorney's consulting fees. FLGenWeb, Inc. failed to keep records of all donations and expenditures. This is a violation of Florida State law as well as a violation of the Bylaws of FLGenWeb, Inc. One member wanted to know how his donation was used. After hearing they had no records, he asked to have his donation returned. That request was not honored. The donor's records indicate he send check # 1216 on January 2, 2009. His bank verified the check was cashed on January 10 in the state of Florida.
The election in September got off to a late start with voting beginning on September 5, 2009. On September 6, 2009, some members wanted the voting stopped so a new ballot could be issued. The President admonished the member who created the Ballot; however, the ballot was submitted to the Board of Directors prior to mailing for their approval. The finger pointing will continue. Most of the positions have only one candidate so that issues is not monumental.
The issue of alleged web page theft lingers. A current member assumed that the Pasco County web site to be in the Public Domain. That page was allegedly copied from the waybackmachine.com (WBM). The WBM shows that specific website was created in 2005. It was discontinued about 2006. That is two years before FLGenWeb, Inc. existed. Lavern Tornow's privately owned web sites outside of FLGenWeb, Inc. have never been archived on the WBM due to a blocking code on her private sites. The individual who copied from the WBM may have violated the terms of use stated on that site reading in part: "In using the Archive's site, Collections, and/or services, you further agree ... (e) not to infringe any copyright, trademark, patent, or other proprietary rights of any person, ..." Material archived on the WBM is not in the Public Domain to be copied at will.
On the financial front: A committee was formed to explore how to pay the billing for server space to Mr. Tornow. This begs the question. If this had been done months ago instead of in September, the problems involved in expelling of Mrs. Tornow from FLGenWeb, Inc. would have been avoided. Also, a process is to be created to require a monthly financial report as required for 501(c)(3) [charity qualified] Corporations in Florida. The Achilles heel in this drama may be that Charity Organizations in Florida must operate openly and transparently. This clashes with secrecy often found in USGenWeb and the new tactic in some places like NCGenWeb which threaten expulsion of those who discuss Project business with non-members.
On the legal front, the FBI and the Navy who investigated a member for alleged attempted hacking into Mr. Tornow's server space declined to file charges stating insufficient evidence. The local DA's office has not indicated if it will prosecute.
On the Grievance Committee (GC) front, the GC issued a statement saying the Grievance filed on August 1, 2009 against Diane S. and NCGenWeb has been rejected. You may recall that Diane S. is the Chairperson of the GC.