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
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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.
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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
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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)
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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)
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Toronto YMCA Mismanagement: Escalation
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