FILE THE HONORABLE ROGER ROGOFF 2019 APR 0911:33 AM KING COUNTY SUPERIOR COURT CLERK CASE 19-2-08028?1 SEA SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY LINCOLN C. BEAUREGARD, NO. 19-2-08028-1 SEA Plaintiff, FOURTH DECLARATION OF V, LINCOLN C. BEAUREGARD WASHINGTON STATE BAR ASSOCIATION, a statutorily created entity, Defendant. LINCOLN BEAUREGARD, being ?rst duly sworn upon oath deposes and says 1. The primary point of this lawsuit is to force the BOG to act in the open and with proper process. It has recently come to my attention that ?one BOG member, Paul Swegle, recently informed his constituency, via mass email, that my lawSuit was akin to the ?screeching antics of so many ?ying monkeys Forwarded Message From: Paul Sent: Friday, April 5, 2019, 2:47:47 PM PDT Subject: WSBA Update - wins and Views are my own. Feel ?ee to share. Email me at to get on my email list. FOUTH DECLARATION OF LINCOLN C. BEAUREGARD - 1 of 3 CONNELLY LAW OFFICES, PLLC 2301 North 30lh Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax Happy Friday fellow WSBA Members! Shenanigans directed toward overturning the Board's proper decision and processes terminating the prior Executive Director continue like the screeching antics of so many ?ying monkeys. Most recently these include a failing petition to reimpose the former ED on the WSBA and (ii) a baseless lawsuit, Lincoln Beauregard v. WSBA, ?led by Steven Fogg of the Corr Cronin law ?rm - also to reimpose the former ED on the WSBA. These types of anti-democratic, politically-driven efforts are to be expected in the waning days of a ruthless, entrenched, self-serving political machine. Justice and common sense will prevail. WSBA Members should think twice before ever sending any referrals to the Corr Cronin ?rm given its role in this costly and counterproductive nonsense, which is now wasting the Members' hard earned dues. As a former friend of the ?rm, I am extremely disappointed. Upcoming Board Meetings: Special Meeting, Monday April 8 @4:00 special-meeting Regular Meeting, May 16, 17 in Yakima - meeting Have a great weekend everyone. Go M's! Paul Swegle Governor, Dist. 7N Immediate Past Chair, Corporate Counsel Section Washington State Bar Association 2. Governor Swegle also has pending amendments to the WSBA Bylaws which (1) would eliminate the diversity focused members of the BOG, and (2) curtail the powers of the Executive Directors, see attached. To the extent that any of Ms. Swegle?s anti-diversity inspirations were motivators underlying Ms. Littlewood?s termination, I believe that the BOG FOUTH DECLARATION OF LINCOLN C. BEAUREGARD - 2 of 3 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax legal obligation under the Open Public Meetings and/or the Bylaws to discuss and consider these matters openly. As the ?ying monkey? referenced in Mr. Swegle?s email to his constituency, that is basically all which is being asked. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and accurate to the best of my knowledge. DATED this 9th day of April, 2019 at Seattle, WA. LLMOLW C. Beauregard Lincoln C. Beauregard FOUTH DECLARATION OF LINCOLN C. BEAUREGARD - 3 of 3 CONNELLY LAW OFFICES, PLLC 2301 North 30"1 Street Tacoma, WA 93403 (253) 593?5100 Phone (253) 593-0380 ax Proposed Bylaw Amendments - At?Large Governor Elections (Art. VI) These amendments are intended to achieve two goals: 1. Policv/Govemance Transoarencv. 2. Enhance Member In?uence in WSBA Governance. This change does not affect the requirements for the At-Large positions but moves the election of the candidates to the general membership instead of the 806. There is nothing about the makeup of the 306 that makes it more qualified than the membership at large to select the membership?s representatives. REDLINE PROPOSED BYLAWAMENDMENTS re: Alt-Large Governor Elections Vi. ELECT IONS C. ELECTION OF GOVERNORS 3. Election of At-Large Governors At-Lar Governors shall be elected in the same manner as Governors from Congressional Districts. except that all Active members wherever they reside shall be eligible to cast a vote in each At-Large election. Candidates must meet the reguirements for of?ce of the Specific At-large position thev seek as outlined in .- A REMAINDER OF SECTION Proposed Bylaw Amendments Administration (Art. IV) These amendments are intended to achieve two goals: 1. Policy/Governance Transparency. Fiscal/Public Responsibility. These changes affect Art. IV and the administration and oversight of the WSBA, and reduce costs, including: the right of governors to communicate with the membership; eliminating the Immediate Past President position; capping E.D. compensation; requiring Board of Governors approvai for hiring or firing of GC or Chief Disciplinary Counsel; and putting a ten year term limit on the position of the ED. REDLINE PROPOSED BYLAW AMENDMENTS re: Administration W. GOVERNANCE A. BOARD OF GOVERNORS 2. Duties d. Each Governor is expected to engage with members about BOG actions and issues, and to convey member viewpoints to the Board. In representing a Congressional District, a Governor will at a minimum: (1) bring to the BOG the perspective, values and circumstances of her or his district to be applied in the best interests of all members, the public and the Bar; and bring information to the members in the district that promotes appreciation of actions and issues affecting the membership as a whole, the public and the organization._1p such Governor comm unications, at the rec uest of any Governor representing a Congressional District, the staff of the WSBA shall transmit to the members of such Congressional District without delay any communications described in iZLabove by the means requested by such Governor, whether electronic or physical mail. and without in any way altering such communications without the express permission of said Governor. B. OFFICERS OF THE BAR 3. Immediate Past President [Eiiminatedi 10f2 5. Executive Director The Executive Director is the principai administrative officer of the Bar. The Executive Director is responsible for the day-to?day operations of the Bar including, without limitation: hiring, managing and terminating Bar personnel, (2) negotiating and executing contracts, (3) communicating with Bar members, the judiciary, elected officials, and the community at large regarding Bar matters, (4) preparing an annual budget for the Budget and Audit Committee, (5) ensuring that the Bar? 5 books are kept in proper order and are audited annually, (6) ensuring that the annual audited ?nancial report is made available to all Active members, (7) collecting debts owed to the bar and assigning debts for collection as deemed appropriate, (3) acquiring, managing, and disposing of personal preperty related to the Bar?s operations within the budget approved by the BOG, (9) attending all BOG meetings, (10) reporting to the BOG regarding Bar operations, (11) ensuring that minutes are made and kept of all BOG meetings, and (12) performing such other duties as the BOG may assign. Notwithstanding the foregoing. the Executive Director shall not have the authority to hire or ?re the General Counsel or the Chief Discigiinary Officer, which authority is reserved exclusively to the Board of Governors, acting bg maiority vote to take such actions. The Executive Director serves in an ex officio capacity and is not a voting member of the BOG. The Executive Director?s total annual comgensation may not exceed the then current total compensation paid to the Associate Suoreme Court Justice of Washington. 7. Vacancy b. The Executive Director is appointed by the BOG, serves at the direction of the BOG, and may be dismissed at any time by the BOG without cause by a majority vote of the entire BOG. If dismissed by the BOG, the Executive Director may, within 14 days of receipt of a notice terminating employment, ?le with the Supreme Court and serve on the President, a written request for review of the dismissal. If the Supreme Court finds that the dismissal of the Executive Director is based on the Executive Director?s refusal to accede to a BOG directive to disregard or violate a Court order or rule, the Court may veto the dismissal and the Executive Director will be retained. No individual shall serve as Executive Director for more than ten years. Zon