We have recently received an electronic correspondence forwarded to us by one of our subscribers. We have verified that it originated from former Diamondhead Country Club and Property Owners Association board member, and member of the “Diamondhead Collective”, Jerry Peppenger.
Below is its contents followed by our response.
Here we go folks, we have a bonafide (sic) “Troll Farmer” in our mist. Let point out that if you don’t know what a troll farmer is, let me give some examples; New York Times, Russia, most left wing news agencies and of course SNL.
Our resident Troll Farmer jumps on any amount of information fed by mostly by our wonderful little band of the ABC group who are intent to destroy, change, or modify our way of life. Below is an explanation of the latest troll farmer dribble . If you look at the troll farmer’s blast after blast, you will either laugh out loud or feel sorry for his anger at the POA.
Let’s see, how many things are wrong?
First, this was a confidential legal settlement in lieu of litigation. It is totally reprehensible that it’s been made public. It may give Liz Naples grounds to sue for violation of privacy.
Second, no record of vote: SEE CONFIDENTIAL – you don’t write this stuff down even though the settlement was approved by the board.
Third, It wasn’t sexual harassment but hostile work environment, some staff, some members and a sitting board member – not Kyger. This lady was treated worst than you can imagine.
Fourth, couldn’t be the reason for audit:(1) Weber, Schaefer, and Fletcher had Mr Simpson (Schaefer’s lawyer of choice at the time) ask Kyger about this a year ago through a Certified letter. Simpson seemed fully satisfied with the explanation. (2) the audit wasn’t even aimed at that time period, Spring 2014, and they didn’t even require records preservation for that time in the injunction. Schaefer, Weber and Fletcher now understand they have a big problem with this law suit(Fletcher’s sixth and Weber’s second) and are grabbing at straws. Of course the Troll Farmer is backing the wrong horse, and has got it all wrong again.
Response from the Diamondhead News Online:
After extensive searching through Google and other internet sites, the only reference to “Troll Farmer” we found was of one episode of a television show that airs on NBC, “The Blacklist”. We can only assume that Mr. Peppenger became confused while flipping channels between Fox News and NBC and came up with this new colloquialism.
We are honored to be mentioned in the same company as a winner of 117 Pulitzer Prizes (The New York Times) and a winner of 36 Prime Time Emmys, Saturday Night Live (SNL). We can only guess as to what or who his reference to “Russia” in the same sentence pertains. At first we thought maybe Vasily Pavlovich Aksyonov, Aleksandr Solzhenitsyn or other Russian dissidents we admire were at the center of his rather obscure reference but we then remembered the main source of Mr. Peppenger’s information is television. Since we don’t watch “The Blacklist” we are therefore left without a clue to his inane reference and will no longer speculate.
The depth of absurdity of Mr. Peppenger’s logic contained in his communique can only be measured in light years. His “First” assertion is either comic relief or ravings of a man-child who should never been allowed to serve as a director of a Lego set much less a $7 million corporation. There is no Mississippi law that allows confidentially in a nonprofit corporation, quite the opposite is true. Since all Mississippi nonprofit corporations exist for the mutual benefit of their members (the word Mr. Peppenger and his fellow members of the “Diamondhead Collective” has either ignored or does not understand, is MUTUAL) all members have the same rights, obligations and privileges. (See Mississippi Non Profit Corporation Act 79-11-177) Therefore if Mr. Peppenger read the “confidential legal settlement” then all other members of the Diamondhead CC & POA have the right to read the “confidential legal settlement”.
As far as Ms. Naples’s right to privacy, this type of right is guaranteed by the U S Constitution under Amendment Four and only refers to “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”. Unless a privacy agreement was made, which would contradict “you don’t write this stuff down” assertion, Ms. Naples has no right to privacy in this matter. Again, what Mr. Peppenger completely ignores is the membership’s rights. The membership has a right to a proper investigation of the allegation made by an employee. Since management had a conflict of interest, Naples was the live-in companion of Scott Irwin, general manager, the entire matter should have been turned over to the insurance provider paid for by membership dues. The only reason not to do so was to cover up the incident. The members have a right to expect that their dues are well spent. Why have insurance at all if we privately settle all accusations in a closet? The only proper manner to obtain a “confidential settlement agreement” is by court order. This is done to keep the settlement amount private. Since no court action was filed a “confidential settlement agreement” does not exist. Furthermore, this entire incident should have been completely documented. Human resources experts require a full investigation into the matter, getting all sides of the story whereby they could take the appropriate action to ensure the hostile environment was removed and policies were published to inform the workforce or proper procedures.
His “Second” statement is extremely enlightening and a direct confession that the Diamondhead Country Club and Property Owners Association board of directors believe it has the right to disburse large sums of dues payer’s monies without a record. No provision exists in the bylaws of the DCC&POA or under Mississippi statutes that allow for “executive session”. Executive sessions are allowed for governmental agencies, such as city councils and board of supervisors but minutes must be kept and released to the public no later than thirty days after the lawful meeting. Instead of referencing “CONFIDENTIAL” Mr. Peppenger should look up the definition of EMBEZZELMENT.
At the least the “Third” point gives credence to the complete incompetence of the DCC&POA’s board of directors and smells of a cover-up and pay off for silence. Where is the investigation? Where was the insurance company’s involvement that is paid for by members’ dues? In most cases of “hostile work environment” the employer simply provides a reassignment away from the hostility, not severance pay. Remember this was not a settlement check, this payment was run through a third party payroll service so it could be hidden from prying eyes, a deliberate cover-up.
And his “Fourth” bullet point is the real capper. How does Peppenger know “Simpson seemed fully satisfied with the explanation.”? He was not on the board at the time that Mike Schaefer hired Simpson as attorney for the Treasurer. Obviously Elton Kyger, who hired Naples without prior board approval while he was POA president pulls Peppenger’s strings and feeds information to his collective group. There is not a bylaw establishing the “Diamondhead Collective” as a second and superior class of membership in the Diamondhead Country Club and Property Owners Association. (See: DHCC&POA ByLaws). There wasn’t a need to request records that did not exist as nothing was “written down”. Peppenger admits in his diatribe that records were purposely concealed from the membership and were not “written down” to preserve the “privacy” of the accuser. No accusations, no investigation, no law suit, no records except a $9,000 severance package for a temporary employee that worked 89 days. All paid with POA members dues.
Mr. Fletcher, Mr. Weber and Mr. Schaefer did not sue the Diamondhead CC & POA, the president, vice-president and treasurer of DCC&POA sued directors that blocked a forensic audit. Mr. Peppenger and his collective gang is desperate to confuse that facts. Be that as it may, it is important to note that in all movements against tyranny it is the last actions that bring results. Robert the Bruce failed six times to rid the British from Scotland, on his seventh, he prevailed. George Washington led an often defeated army to victory until the last year of the American Revolution. Yorktown sealed the fate of the tyrants and began a new country. Previous failure of litigation should not diminish the validity of the argument. The resolve of the oppressed has been, throughout history, the determining factor of emancipation from tyranny.
In closing let us make one point clear. We do not hate the Diamondhead Country Club and Property Owners Association. To hate an inanimate object would be illogical. Mr. Peppenger and his cohorts would want you to believe otherwise. The editors and publishers of the Diamondhead News Online have been dues paying members of the Diamondhead Country Club and Property Owners Association for over thirty years and we will be heard. We absolutely loathe the thieves, tyrants, charlatans, elitists, bullies and morons who currently have control over this community via this association and we will do everything in our power to remove them. This includes continually inviting them to post their opinions, positions, comments and observation on our site, uncensored and for all to see. This will allow all those who have been deprived of a voice to make uncensored comments so that other members and potential property owners can decide for themselves the issues relevant to the community. But make no mistake, if the lifestyle of Diamondhead, Mississippi is funded by subsidies of the nonresident property owners, the elderly and working families who receive no benefit from their contribution and have no voice, we want no part of this parasitic paradise.