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The Graybeards - KWVA - Korean War Veterans Association

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Official <strong>KWVA</strong> Notices and<br />

Announcements<br />

From the President<br />

An Open Message to the<br />

Membership<br />

I think it is time that our <strong>KWVA</strong> membership<br />

be informed on a pending matter of<br />

more than routine importance. We have had<br />

under consideration for some months the<br />

matter of a pending claim by the former<br />

financial advisor Stanley Myrda for payment<br />

of an additional bill for services in the<br />

amount of $16,870.00 (increased he claims<br />

to $19,004.00 with accumulated interest.)<br />

While some, perhaps a majority, of<br />

Executive Board members seem to favor<br />

payment of this bill I, as your president, I do<br />

not. I have refused to pay the claim until Mr.<br />

Myrda provides itemized additional information<br />

and a description of the time and type<br />

of services for which he seeks reimbursement.<br />

By way of background it can explained<br />

that Mr. Myrda was retained during the<br />

administration of former President Nick<br />

Pappas, to among other things, handle insurance<br />

claims to recover some $250,000 in<br />

<strong>KWVA</strong> loses from theft, fraud, or mismanagement.<br />

In due course, a $131,000 payment<br />

was received from the insurance company.<br />

<strong>The</strong> company requested additional documentation<br />

for remaining claims in the<br />

amount of about $100,000. When it did not,<br />

over an extended period, receive that documentation<br />

from the <strong>KWVA</strong>, (Mr. Myrda) it<br />

advised us on Sept. 3, 1998 that unless the<br />

documentation was received within 90 days<br />

it would close the claims file which it did at<br />

the end of that 90 day period. By failing to<br />

provide the information requested, Mr.<br />

Myrda may have prevented the <strong>KWVA</strong> (See<br />

page 14, 15 March- April 2000 <strong>Graybeards</strong>)<br />

from receiving substantial additional insurance<br />

payments. Mr. Myrda, however,<br />

demanded and received, with Executive<br />

Board approval, of over $80,000 in payment<br />

for his services. Following FBI investigation,<br />

the former treasurer John Maison was indicted<br />

for his involvement in these loses. While<br />

awaiting a trial date Maison died in an auto<br />

accident. <strong>The</strong> charges against him became<br />

moot and the FBI closed the case.<br />

At the Mobile annual meeting in<br />

September, 1999, the Executive Board and<br />

membership terminated the services of Mr.<br />

Myrda and I promptly so advised him a few<br />

days later. Over the months he has, with the<br />

support of Pappas, objected to that termination<br />

in correspondence, saying that he was<br />

hired during the term of the past president<br />

Pappas and could only be terminated by him.<br />

Upon assuming the presidency, with the<br />

help of the secretary and treasurer, I persuaded<br />

the insurance company to reopen our<br />

claims file. It has done so and has been waiting<br />

for the submission of additional documentation<br />

of loses. That documentation in<br />

the form of numerous <strong>KWVA</strong> financial and<br />

other records, however, has been in the<br />

hands of Mr. Myrda. Despite repeated<br />

requests he has failed or refused, with the<br />

support of past president Pappas, to turn over<br />

those records so that we can go forward with<br />

additional claims to recover <strong>KWVA</strong> losses.<br />

With respect to the pending bill of Mr.<br />

Myrda, I have refused, as stated, to pay it<br />

until I have more detailed and exact information<br />

of the services for which he seeks<br />

payment. If the bill is for services prior to his<br />

termination, then I feel they are not warranted.<br />

He has already been greatly overpaid for<br />

a period involving under or non-performance<br />

in that he did not process claims and the<br />

insurance company closed the files. It would<br />

be unthinkable I feel to pay Mr. Myrda for<br />

services after he was terminated by the<br />

Board in Mobile. It has been my intention,<br />

and I repeatedly so notified Mr. Myrda, that<br />

I would submit this matter to the Executive<br />

Board for its decision at its next regular duly<br />

constituted meeting later this year. Some<br />

Board members, perhaps a majority, seem to<br />

feel that Mr. Myrda’s bill should be paid. At<br />

a recent meeting in St Louis, it was decided<br />

by board members in attendance that Mr.<br />

Myrda should be paid. That meeting, however,<br />

was ruled illegal and invalid by the<br />

Judge Advocate because of the failure to<br />

fully comply with By-laws requirements<br />

concerning complete and full notification.<br />

On Dec. 21, 00 Mr. Myrda, by his attorneys,<br />

filed suit in a southern Illinois court for<br />

collection of the bill he claims he is owed<br />

and I was served with notice that an answer<br />

was required by January 16th if default judgment<br />

was to be avoided. In the complaint,<br />

Myrda stated that the Defendant’s Executive<br />

Board had approved payment in October<br />

2000. With the help of our Judge Advocate,<br />

pending retention of an Illinois attorney, I<br />

filed a timely Answer and Motion to Dismiss<br />

on behalf of the <strong>KWVA</strong> defendant. I filed on<br />

grounds, generally, that <strong>KWVA</strong> and its president<br />

was beyond the jurisdiction of the<br />

court; that the plaintiff had already been<br />

overpaid for his services before termination;<br />

that he was not entitled to compensation for<br />

services subsequent to his termination; that<br />

the meeting ordering payment of the bill was<br />

declared illegal; and that the filing of the<br />

complaint was premature since the plaintiff<br />

had not exhausted his recourses short of<br />

adjudication. I asked for damages from the<br />

plaintiff to cover legal and other costs in<br />

defending this suit. It should be noted that the<br />

<strong>KWVA</strong> had not yet formally refused to pay<br />

Mr. Myrda. On the contrary we have advised<br />

him that the matter would be considered by<br />

the Executive Committee. We are now<br />

awaiting further developments in the court<br />

suit or action by the Executive Board.<br />

I have provided the members of the<br />

Executive Board with copies of this message<br />

and have directed that the editor of the<br />

<strong>Graybeards</strong> make available, in the same<br />

issue this appears, equal space to any board<br />

member, or members, or others, who may<br />

wish to respond hereto.<br />

Harley Coon, President<br />

National <strong>KWVA</strong> Fund Raiser Flower Rose of Sharon<br />

<strong>The</strong> Rose of Sharon is the National <strong>KWVA</strong> fund raising flower. <strong>The</strong> Rose of<br />

Sharon is sold by the dozen.<br />

❒ Sample order is 4 dozen @ $10 plus $3.00 S/H.<br />

❒ Minimum order is 20 doz. @ $50 plus $5.00 S/H.<br />

Order from: Earl House<br />

1870 Yakona Rd.<br />

Baltimore, MD 21234<br />

Phone 410-661-8950<br />

Make Checks payable to: Maryland Chapter – <strong>KWVA</strong><br />

January/February, 2001 Page 7

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