OBJECTIONS TO TACTICS

Public Responses from YMCA Members

 

From: "Peter Higginson" <peter_higginson@hotmail.com>
Sent: Monday, July 31, 2000 11:32 PM
Subject: Re: YMCA Responds! (Plus, a request that YOU respond.)

Dear Uriel,

I am stupefied to hear that the outcome of the complaints committee hearing is not a response to the clearly expressed concerns and frustration of the petitioners, but a threat of legal action.

Our concerns started as mild questions as to the justification for reallocating squash courts. Because of the obtuseness of management in refusing to support their decisions in an open manner, the questions have become more pointed. I certainly feel that the refusal to respond to our concerns openly was reprehensible on the part of the management, which is represented, as I understand it, by Doug Miller and Lesley Davidson. That a complaints committee should be struck not to hear and provide rational judgment on the issues but to lunge with legal lances is ludicrous!! It is a little like the mediaeval practice of dunking suspected witches - If they drown they are innocent, if not they are guilty!!

The whole matter would be laughable if it were on Saturday Night Live, but as it is too close to reality, I feel obliged to formally reaffirm my support of the position you have taken on our behalf.

Peter Higginson

From: "Rita O'Brien" <RObrien@artsci.utoronto.ca>
Sent: Tuesday, August 01, 2000 12:43 PM
Subject: Re: YMCA Responds! (Plus, a request that YOU respond.)

I am not a squash player so the decision regarding what ultimately happens with the number of courts made available to squash players is of no particular significance to me. However, as a long-standing member of the Y and also a supporter of the work they do in the community, I am absolutely appalled at the response to concerns raised by Y members. From what I understand, this issue has been ongoing for years and in fact the Y has lost members through its inaction and on the face of things could lose many more.

Leaving all the nonsense regarding the libel issues aside, can someone in a management position at the Y please let me know why you seem unwilling to produce the statistics that can settle this issue once and for all. It seems pretty basic - the statistics will prove you either give up one racquetball court or retain the squash court for the cyclefit class. Am I missing something here?

It's extremely disappointing that the Y would choose to use their time and funds in this way rather than directing them towards the community.

From: "Ken Kembry" <Ken.Kembry@canada.sun.com>
To: <Rich.Bailey@ymca.net>
Sent: Wednesday, August 02, 2000 9:21 AM
Subject: YMCA response to member concerns

Dear Sir,

I was appalled to learn today that the YMCA of Greater Toronto, together with Mr. Richard Bailey, Lesley Davidson and Greg Miller some of its officials has elected to engage the legal profession to address challenges brought forward by Uriel Wittenberg regarding the management of the Central Toronto YMCA facility.

In this entire affair, the YMCA organization has taken a cavalier attitude to the concerns expressed by Mr. Wittenberg and other members of the YMCA, strongly suggesting that they do not feel accountable to the members. In his "WITH PREJUDICE" letter to Mr. Wittenberg the Honorable Mr. Porter, Q.C. cites numerous communications that Mr. Wittenberg has sent to various functionaries at the YMCA. However, at no point is any return communication cited. Indeed throughout this entire affair, the YMCA has not seen fit to answer in writing the issues raised by Mr. Wittenberg. Mr. Wittenberg has been open and forthright in his communication, making it available to interested parties, while the YMCA has taken a cold, corporate, closed position. I might suggest that one of the reasons for Mr. Wittenberg's "libellous" (sic) statements has been to get some kind of response from the YMCA. However, they have chosen instead to collect this communication, and their considerable funding, to engage high priced legal expertise to intimidate the membership.

At no time did any representative of the YMCA ever indicate that they felt Mr. Wittenberg's comments to be libelous, or even make any effort to provide a contradiction of the claims made by Mr. Wittenberg. Indeed the first suggestion of this comes with a "WITH PREJUDICE" letter from the YMCA's high priced legal counsel. I'm also certain that it would be difficult for any of these parties, who clearly have adopted a highly adversarial position, to prove any personal injury, loss of income, embarrassment or even loss of sleep over Mr. Wittenberg's statements.

On the other hand, I am sure that the Honorable Mr. Porter, Q.C. has consulted his cold, dusty tomes of law from his leather chair and mahogany desk and is technically legally correct and would indeed use his considerable weight in the legal profession to crush Mr. Wittenberg for his passionate, enthusiastic, and all too human defense of a position he, and others, feels is important to the YMCA.

The YMCA has suddenly become a much darker and colder place.

Sincerely,
Ken Kembry

From: "vezi" <vezi@vezi.net>
Sent: Wednesday, August 02, 2000 2:31 PM
Subject: YMCA'S Ludicrous Behaviour

To Whom It May Concern:

I am writing to express my extreme outrage and disgust at the strong-arm tactics being used against one of our members, Uriel Wittenberg. Is this how the YMCA Board of Directors decides to treat members who are disappointed and angry with policies that have proven to be inefficient and mismanaged? Your modus operandi seems to be - we'll ignore all your patient and polite complaints....and then if you persist and get angry, we'll sue you!!!! It is plain to all of us (and any intelligent and impartial observer ) that the aggressiveness of Mr. Wittenberg's tactics has been necessarily borne out of continued exasperation and frustration. This matter of the neglect of the squash court situation at the YMCA had been repeatedly and politely pointed out to senior staff at the YMCA by more than a few of us over the last three years and these complaints have been consistently and infuriatingly IGNORED!!!! What are we, the members supposed to do....roll over and play dead while bureaucrats (handsomely paid, I might add) fiddle while the much vaunted ideologies of the YMCA burn to the ground?

The YMCA's behaviour in this case would be more at home in the boardroom of some ruthless corporation, not in a publicly subsidized community health club that purports to serve its members with respect and dignity.

Well, this one member WILL NOT GO QUIETLY and I strongly urge you to reconsider your ill-conceived strategies. The only proper thing for you to do is to withdraw your ridiculous legal threats immediately. After that you would do well to consider an apology to Mr. Wittenberg and all of us who pay our membership fees and expect in return to be treated somewhat better than cattle.

Yours Sincerely,

Vezi Tayyeb (#268658)

From: "Ken Kembry" <Ken.Kembry@canada.sun.com>
To: "Bailey, Rich" <Rich.Bailey@YMCA.NET>
Sent: Friday, August 04, 2000 8:41 AM
Subject: Re: Issues raised by Mr. Wittenberg

Mr. Bailey.

Thank you for the long awaited response to the issues raised by Mr. Wittenberg and his fellow petitioners. Certainly, many of the recommendations seem to have merit. However, I do have a couple of questions.

1) What are the action items and timeframes for implementing the recommendations ?

2) What recourse is available to the membership in the event that the recommendations are not implemented in a timely manner ?

3) You have omitted Recommendation K - Engage Legal Counsel to threaten Mr. Wittenberg PRIOR to delivering this Report. It would seem to me that if you believe this report to adequately address the issues, the aforementioned action would be unnecessary and frivolous. Please comment.

Once again, I am pleased to see communication from your organization on this matter and look forward to your response to the above questions.

Sincerely,

Ken Kembry (#210392)


Toronto YMCA Mismanagement: Escalation