Swim team parents examine pool board

An investigation by concerned parents into the Charlevoix Area Community Pool administration has uncovered incorrectly levied taxes and a pool board of directors that is perceived by those involved to be unresponsive to public input.

It all started with the swim team.

This year, Charlevoix students on the Stingrays haven’t been able to compete because they don’t have a coach.

The most recent coach was terminated because of numerous complaints about a lack of qualifications and unsafe practices. The prior one resigned, afterwards sending a scathing letter to the Charlevoix Area Community Pool’s board of directors, according to swim team parents.

The parents said they repeatedly tried to communicate with the pool board regarding the situation, to no avail.

“It seemed as if they were purposely keeping us out of the loop,” said Jennifer Fruk, swim mother of three.

Bob Jess, a swim parent of two and a former pool board member, said “They had no public notice of meetings (unless it was requested), no meeting minutes and no public comment time.”

“They also didn’t use Robert’s Rules of Order,” he said, referring to the parliamentary procedure commonly used in meetings by entities like school boards or city councils.

In a final attempt to remove the most recent coach, nine parents wrote a letter to the pool board in March requesting a change in the coaching staff for the Stingrays. In the letter, the parents express how they were “devastated” at the loss of the previous coach and “the lack of transparency” from the board.

The board terminated the coach after the letter.

Jess also resigned from the board.

“I just don’t think they are in it for the kids,” he said.

Taxpayers fund 46 percent of the overall community pool budget, around $208,000, according to the pool’s annual report.

"The actions of many of the pool's existing board of directors indicate that they feel entitled to the financial benefit of property tax dollars but that they don't believe they should be subject to the burden of being accountable to the public that provides those dollars. The pool having a board that represent all segments of our community and that holds open public meetings doesn't seem like too much to ask,“ said swim parent Emily Selph.

Frustration with the board resulted in Selph doing some digging into the pool's governing documents.

She discovered the taxes the pool receives were being funneled improperly. They were going directly to the pool board, rather than an intermediary entity (a “recreational authority”) as was required when the millage was passed by voters in 2004. She also discovered that taxes were levied for the community pool in 2014 without voter approval. This was the gap year between when the first millage expired (in 2013) and the second millage was approved (in 2015).

Selph made the tax paying communities — the City of Charlevoix, Hayes Township and Charlevoix Township — aware of this error and the communities quickly formed the required entity to administer the tax dollars to the board and adhere to the required statutory requirements. Chaired by Charlevoix’s city manager Mark Heydlauff, they have already met seven times and are meeting again at 9 a.m. on Jan. 3 at city hall.

Chris Abbey, the president of the Charlevoix Area Community Pool, has a different take on the situation. As she sees it, the required tax authority has always been present.

“The recreational authority has been functioning for 18 years now,” said Abbey. “They have had representatives on our board and the funds have been distributed to us every year.”

The treasurers from the city and townships were indeed writing checks each year that were given directly to the community pool treasurer. The funds were instead supposed to go to the intermediary recreational authority for them to give to the pool.

As it stands, the new authority and the pool board are working on agreeing to terms for a contract.

Heydlauff said he hopes to reach a compromise in the near future.

“We look forward to a positive outcome that continues to serve the community,” he said.

December property taxes can't be transferred to the pool unless there is a signed contract.

However, the parent complaints about the pool’s management cover more than just the taxing errors.

Selph also discovered more than one of the board members are violating the pool bylaws prohibiting them to serve for more than two consecutive three-year terms.

This was of particular note to Selph because she and other parents had attempted to get on the board, she said.

Abbey confirmed this was the case, but that it was allowed because the members had special expertise.

The language in the pool bylaws reads as such: “Article 6, number 7, Term Limits states: ‘Board members are limited to two consecutive terms, unless unusual circumstances require additional time of service, at the discretion of the rest of the Board.’”

Abbey also sees the communication with the parents very differently.

"After the first coach left, we did hire another coach who probably wasn't as qualified as the former coach and we let her go after due recourse," she said.

Abbey said they gave the coach two weeks to improve and then let them go.

"As any employer should do," she said.

Abbey said the pool board is looking for a new coach, advertising on Facebook, in newspapers and on Linkedin, with no luck so far.

"They (the parents) can be as unhappy as they want. We can't find a swim coach — we can't pull one out of the sky," she said.

In regards to the parents’ perceptions of the board, Abbey said "It's because they aren't talking to us. They are assuming we aren't doing anything."

"All they need to do is pick up the phone, bring the kids to the pool and come talk to us and find out what's going on,” she said.

The team has been without a coach since April.

This article originally appeared on The Petoskey News-Review: Swim team parents examine pool board