R-CALF USA: An Open Letter To The U.S. Cattle Industry
Sharon McDonald, wife of former R-CALF USA director Dennis McDonald, and former member Judie Manuel have been submitting letters to various publications that mislead readers by asserting that litigation against former directors and members has absolutely no basis, that the lawsuits are frivolous and wasting producer dollars.
No organization is without occasional problems and disagreements. Normally, their letters should not merit a response; however, R-CALF has had major impacts for producers with its positions on BSE, the Canadian border, and in its role in resolving the problems with COOL – placing it back on track as originally intended: the labeling of foreign cattle/products as such, and not the costly, surrogate program for domestic Animal ID, which COOL had become.
The livestock industry should therefore be informed as to the nature of the lawsuits. It should also be aware of the fact that R-CALF was granted a Temporary Restraining Order (TRO) in May. Courts do not grant TROs on claims which are totally lacking in basis as Mrs. McDonald and Mrs. Manuel assert to be the case.
One lawsuit has settled. It involved ownership of the R-CALF USA magazine, which was in dispute. The settlement established that R-CALF owns the magazine.
The remaining lawsuit addresses questions of confidentiality and nondisclosure. Directors, past and present, of any nonprofit organization owe that organization a legal fiduciary duty of loyalty and confidentiality, regardless of whether they agree with all positions taken by that organization.
In order to enhance efficiency, a confidential study was commissioned pursuant to which a number of R-CALF staff, directors, and officers were interviewed, with the understanding that they could respond openly and frankly as answers were confidential. That study was leaked and even appeared on the Internet.
Certain R-CALF documents were turned over to a law firm, one of whose members was former General Counsel for USDA and who was adversarial to R-CALF’s interests on both BSE and COOL.
Additionally, one of the defendants had in his possession an R-CALF computer that was not returned until Aug. 30. This individual resigned in February. Various other documents such as membership lists also are in the possession of one or more of the defendants.
R-CALF’s board demonstrated integrity and loyalty by seeking to prevent the dissemination of confidential materials, especially those relating to interviews with employees. Indeed, the argument could be made that the board was under an affirmative duty to act as it did to protect employees and preserve confidential information.
In short, one lawsuit has been settled in R-CALF’s favor and the remaining lawsuit seeks 1) the return of its property, including all lists and documents, and 2) the prohibition of further dissemination of R-CALF lists, documents, and information by the defendants.
Sincerely,
H. Jay Platt
R-CALF USA Region IV Director
Sharon McDonald, wife of former R-CALF USA director Dennis McDonald, and former member Judie Manuel have been submitting letters to various publications that mislead readers by asserting that litigation against former directors and members has absolutely no basis, that the lawsuits are frivolous and wasting producer dollars.
No organization is without occasional problems and disagreements. Normally, their letters should not merit a response; however, R-CALF has had major impacts for producers with its positions on BSE, the Canadian border, and in its role in resolving the problems with COOL – placing it back on track as originally intended: the labeling of foreign cattle/products as such, and not the costly, surrogate program for domestic Animal ID, which COOL had become.
The livestock industry should therefore be informed as to the nature of the lawsuits. It should also be aware of the fact that R-CALF was granted a Temporary Restraining Order (TRO) in May. Courts do not grant TROs on claims which are totally lacking in basis as Mrs. McDonald and Mrs. Manuel assert to be the case.
One lawsuit has settled. It involved ownership of the R-CALF USA magazine, which was in dispute. The settlement established that R-CALF owns the magazine.
The remaining lawsuit addresses questions of confidentiality and nondisclosure. Directors, past and present, of any nonprofit organization owe that organization a legal fiduciary duty of loyalty and confidentiality, regardless of whether they agree with all positions taken by that organization.
In order to enhance efficiency, a confidential study was commissioned pursuant to which a number of R-CALF staff, directors, and officers were interviewed, with the understanding that they could respond openly and frankly as answers were confidential. That study was leaked and even appeared on the Internet.
Certain R-CALF documents were turned over to a law firm, one of whose members was former General Counsel for USDA and who was adversarial to R-CALF’s interests on both BSE and COOL.
Additionally, one of the defendants had in his possession an R-CALF computer that was not returned until Aug. 30. This individual resigned in February. Various other documents such as membership lists also are in the possession of one or more of the defendants.
R-CALF’s board demonstrated integrity and loyalty by seeking to prevent the dissemination of confidential materials, especially those relating to interviews with employees. Indeed, the argument could be made that the board was under an affirmative duty to act as it did to protect employees and preserve confidential information.
In short, one lawsuit has been settled in R-CALF’s favor and the remaining lawsuit seeks 1) the return of its property, including all lists and documents, and 2) the prohibition of further dissemination of R-CALF lists, documents, and information by the defendants.
Sincerely,
H. Jay Platt
R-CALF USA Region IV Director