Accounting Firm Declares Presidential Election Tie

Three different results raise questions about who actually is president of the Diamondhead Country Club and Property Owners Association.

The Certified Public Accountants hired to count the votes at the 2016 Membership meeting of the Diamondhead Country Club and Property Owners Association’s election of officers and directors have released their final tally.  Their results coincide with much of what was reported with the exception of one single ballot.  That ballot was deemed disqualified by the chairman of the meeting John Fletcher.  Fletcher issued a statement that Carl Necaise had won the election after a recount was taken as a result of his disqualification on a ballot that was counted twice on June 18, 2016.  A legal opinion was requested that stated that the recount was not allowed by Robert’s Rules of Order and the only entity that could call for a recount would be the membership during the actual membership meeting. Questions have arisen as to when and if the membership meeting was actually adjourned on June 18.  If the meeting was not adjourned the recount took place during the meeting.  The legal opinion did not address the fact that a recount, whether allowed by Robert’s Rules or not, was valid if it proceeded nonetheless.

The legal opinion issued by Robert Guiterrez of Haley,  MCNamara, Hall, Larmann and Papale  stated, in part, that the recount was not allowed by Robert’s Rules of Order and the only entity that could call for a recount would be the membership during the actual membership meeting. But the recount had already occurred. Questions have now arisen as to when and if the membership meeting was actually adjourned on June 18.  If the meeting was not adjourned the recount took place during the meeting.

The legal opinion did not address the fact that a recount, whether allowed by Robert’s Rules or not, was valid if it proceeded without objection at the time?  In other words, does Robert’s Rules invalidate an action if the action actually took place? Robert’s Rules of Order are not laws but guidelines and have many variations and scores of interpretation.

The official final count made by the CPA declares a tie, 637 votes for Necaise; 637 votes for Larid.  Under Robert’s Rules, a coin toss should be used to determine the outcome.

Although no official authority of the Diamondhead Country Club and Property Owners Association has declared a winner in the election of its President, Donald Laid has assumed the role claiming that a letter signed by himself and Carl Necaise settles the matter. Necaise has stated that he has not conceded the election. Neither Robert’s Rules nor the bylaws of the Diamondhead Country Club and Property Owners Association nor the statutes of the state of Mississippi provide that an election can be determined by agreement of the candidates.

Election-Results