This just in from supporters of the Rochester Philharmonic. Here’s the background to the story.
Eileen Buholtz, who is a candidate on the write-in slate for Board of Directors of RPO, Inc. has commenced a lawsuit in her own name as a member of RPO, Inc. against the Board of Directors of RPO, Inc.
Her summons, verified complaint, and order to show cause with proposed temporary restraining order were filed in the Monroe County Clerk’s Office on January 22, 2013. Her suit requests a stay of the Annual Meeting scheduled for tonight, Jan. 23, 2013, the proper setting of the record date for members to vote at the Annual Meeting, the continuance of the terms of current board members until a new board is elected, a copy of the complete list of members for Jan. 1-Dec. 21, 2012 with all contact information, a re-scheduling of the annual meeting as approved by the court, and court confirmation that Robert’s Rules of Order Revised, which govern RPO, Inc.’s member meetings, authorizes a write-in slate of candidates for election to the Board of Directors.
The judge who will rule on Ms. Buholtz’s requested temporary restraining order to stay the annual meeting is the Hon. Kenneth R. Fisher. Justice
Fisher has scheduled a conference call at 1:30 pm today, January 23, 2013 with RPO, Inc.’s attorney Sharon Stiller.
UPDATE: After oral argument by the parties at 1:30 pm today, Jan. 23, 2013, the Hon. Kenneth Fisher scheduled the next appearance date in Eileen Buholtz’s lawsuit against the RPO Board for February 4, 2013 at 9:30 am at the Hall of Justice and ruled that the annual meeting scheduled for tonight will go forward tonight. He held that all issues raised in the suit can and will be addressed in the suit after the meeting as provided for by Not-For-Profit Law §618.