Saturday, February 8, 2020

City manager tries to cut Surfing Madonna organization out of charity runs

Union-Trib:
Encinitas residents and tourists may cherish the Surfing Madonna mosaic that mysteriously appeared in public nearly a decade ago, but city employees do not feel the same way about the chairman of the nonprofit that owns the noted artwork.

A host of senior managers at Encinitas City Hall want the City Council to stop conducting any new business with the Surfing Madonna Oceans Project or, more specifically, its chairman, Robert Nichols.

In a stunning report to elected officials released late Thursday, the city manager and other department heads describe Nichols as abusive and uncooperative. They want the council to return to hosting the popular beach runs as city-sponsored events as soon as the Encinitas Half Marathon & 5K ends March 29.
The Surfing Madonna organization says the problems started when city staff were caught overcharging the group for past events, and believes city staff was behind a hit piece on the charity in the Union-Tribune in January.

75 comments:

  1. "According to emails obtained under the California Public Records Act, it was Nichols who called off the future events — not city officials.
    ...

    “Mr. Bob Nichols, representing Surfing Madonna, asked that the city remove the November 2020 Surfing Madonna Beach Run from the Encinitas calendar and he stated that the 2020 Encinitas Half Marathon would be their last in Encinitas as well,” she wrote."

    Can we start the conversation here - what is going on with this organization, more specifically there well paid leadership?

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    1. Yup.

      This.

      Dude and his wife screwed themselves out of their fat $220K/year gigs by being a-holes. If the city staff were the problem, they’d have similar issues with people running other events.

      Delete
    2. They have problems nonstop with residents they screw over daily. Given the crap residents have taken from staff, I'm assuming Nichols is telling the truth.

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  2. If you disagree with city staff you are labeled, "abusive and uncooperative". They think they know what is best for you and who are you to disagree? The people that write reports like that should be fired.

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  3. Lucy, you got some splanin" to do....

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  4. If the head of the charity at issue is difficult to work with, that is not cool--but that is somewhat subjective. However, if it is a fact that the charity pulled out of one of their 2020 events, then Encinitas should say good-bye to the charity and those who run it. And, ironically, if the charity did indeed ask to have their event removed from the calendar, that fact alone lends credence to the view that those who run the charity may be difficult to work with.

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  5. There are already too many events that tie up the downtown area - good riddance to this sham event. Replace it with Leichtag's Homeless Hobo Hobble - free needle exchange for the winner!

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  6. I head they are going to replace the race with a Julie Thunder 5K. Everyone has to run with a wheelbarrow full of concrete that will later be used to pave over our community.

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    Replies
    1. And participants need to shout down spectators. The finish line is a BIA density housing project.

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  7. The Agenda Report for the Surfing Madonna event contains derogatory language that has never been used before in city agendas. Parks and Recreation Department has a burr up their behind. What is going on? It has to be more than Nichols' behavior. It all looks like a money grab by the city. The city has long been known for its vindictiveness, and it's gotten worse with Blakespear who is under intense criticism across the city. She doesn't seem to be listening to the citizens. She has even been rebuked by public speakers for not paying attention to what the speakers are saying.

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    1. At some point, an employer that doesn’t defend its employees from abuse by a third party opens itself to legal risk from claims of a hostile work environment. At that point, the an employer like the city has a fiduciary responsibility to take action to protect taxpayer dollars from legal risk.

      It sucks. But the SMOP couple appear to be very aggressive and belligerent on social media. I used to support them, but their own response to this has convinced me they probably deserve a big chunk of responsibility for the breakdown in the relationship.

      So the city has two crappy options in ending the relationship: (1) let the runners and disabled kids suffer, or (2) offer substitute events and get accused of “stealing” the events.

      Delete
    2. By their own response you mean outing the city for its inability to keep the accounting straight and not responding to emails and phone calls? SOP at city hall, the Nichols' experience is hardly unique.

      Before you pat "staff" on the back, consider the fact that the city will be charging the disabled kids for a program that was offered free of charge to them by Nichols. Chew on that, city apologist.

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    3. Go cry some more that the problem is the newspaper reporters, elected officials, city staff, anyone who questions you.

      Apparently everyone else is the problem, never you.

      Delete
    4. One more thing. You keep saying how shocked you are. Just totally and utterly shocked. In shock.

      I call BS.

      If the relationship was so bad that you had to have an agreement to not contact the city directly, and you ignored that agreement, then how is it a shock that the city doesn’t want to do business with you?

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    5. Standard treatment at city hall, 5:15. News flash: the city doesn't want to do business with anyone who challenges the dictator in chief. Try opposing something sometime and you'll find out the true meaning of "ignore."

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    6. True 10:58, not only ignore, but they will send their little minions (sheriff dept., fire dept., city employees, "community police") into your neighborhood and around the community to intimidate you and look for any reason to report/detain you. Loss of privacy due to SMART tech facilitates a police state and it will only get worse with 5G.

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    7. Oh, joy. More conspiracy theories.

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    8. The City Manager and Mayor both are horrible for Encinitas and must go.

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  8. Nichols is moving the project to another city. Thanks City of Encinitas. Anything else you would like to take away from anyone who opposes your regime. I'm voting for anyone but who is in charge at this time.

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    Replies
    1. Agreed. The City Manager and Mayor both are horrible for Encinitas and must go.

      Delete
  9. This applies to city worker lazies as well.

    Its worthy of tour time

    George Carlin legendary:


    https://youtu.be/HEeDRUZIDq8

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  10. I can not wait for the Nov elections. Its time to rid the City of Blakespear and Brust!

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  11. I’d much rather have a mayor and city council who reluctantly are compelled to make difficult decisions by state law than to elect someone whose family income derives directly from pouring concrete at stack and pack projects in Encinitas, and funds the BIA as a member.

    In fact, it’s not even close.

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    Replies
    1. Agreed. I would be hard pressed to find a built project in Encinitas that screams Orange County more than Pacific Station.

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    2. 7:52 am


      Everyone with half a brain cell (liberals need not apply) knows you're a lyin dog-faced pony soldier

      Delete
    3. 9:12,

      What’s the lie, exactly?

      Be specific.

      Delete
    4. "Reluctantly," 7:52?

      Wake up and smell the BIA. Blakespear did such a piss-poor job of defending us in the housing lawsuit, the judge "agreed" with her that Prop A should be set aside to adopt Measure T. Yep, that's a quote.

      There ain't nothing reluctant or new about Blakespear bending over for the BIA.

      Delete
    5. correction: Measure U, not T. Hard to keep track of all the mayor's screwups.

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    6. 9:12

      HA HA, I love it when retardicans yell "LIBERAL!!" with zero actual content in their message. Pretty much all that lame brain party's good for these days.

      Delete
  12. I have extremely accurate sources (not necessarily people- maybe public records and people but telling an angry anon poster who likely loves antifa type folks and tactics is not my idea of wisdom).


    You are likely the type that would drive your car thru a republican voter registration booth.

    You think you are a serious person.

    The only thing I would submit is serous about folks like you is for folks like me to keep my head on a swivel and always have my concealed carry within reach/


    So basically, plain and simply you're a dick at best.

    ReplyDelete
    Replies
    1. 12:34,

      You are a total hard hero. It takes guts to talk about your concealed carry toughness on an anonymous blog.

      Maybe we could hang out sometime and say words like “foxtrot,” “Zulu,” and “Niner.” We could wear camo, and rub our sticks together to see if we can make a fire.

      Whaddya say, hard hero?

      Delete
  13. Gee, we're so scared.

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  14. I don't see any reasons to be scared of 12:34.

    She is basically asserting her 2nd Amendment rights and posters are getting emotionally hyperbolic.

    It's comical you know it is.

    Next we'll have Rep Mike Levine chime in on how he plans to go full retard with gun control before he's voted out in November.

    BWAAAAHAAHAHAHAHAHA

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    Replies
    1. I’d bet my life savings that 12:34 owns a flashlight because it had the word “tactical” on the package.

      Delete
  15. https://bravocompanymfg.com/

    They do have flashlights that attached to your rifle.

    Check them out.

    Great company.

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  16. Julie will be great for our local beach community as Mayor.

    Blakespear's goal is to convert Encinitas to Oceanside and open the homeless soup kitchen and compllete 360-free services. I have seen a huge spike in homeless and incidents involving homeless since Blakespear started her international campaign to welcome all homeless to Encinitas. What an ignorant woman!!

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    Replies
    1. Julie made a fortune by dumping concrete on our beach community and destroying downtown. She’s a BIA member and hopes voters are so dumb that they will elect her to a position where she can direct more of that sweet BIA concrete money to her own pocket. She doesn’t listen to citizens. She shouts them down in public meetings. She also infringed on the name of a local news organization to spout right-wing propaganda dressed up as news.

      Voters will never let the concrete queen and BIA stooge near public office.

      Delete
  17. From EV: We need to eat, pay bills just like anyone else and running the largest beach run in the world, 2nd largest half marathon in San Diego being Executive Directors and program managers is very time consuming, about 60hr per week according to our 990 federal tax returns and when you break down the amount of time we spend and divide that by our salary, I make about $38 per hr and my wife makes about $32 per hr according to our 2018 990's. Our jobs at the Surfing Madonna are full time, and according to the IRS we are entitled to a reasonable salary. According to reliable publications our jobs in the private sector would be receiving a higher salary than what we pay ourselves. So, if the IRS is happy, our accountants our happy and the California Secretary of State is happy then we're happy.

    I can't see how this takes 60 hours per week, year around for two people.

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  18. Something is not right with SMOP. They have been posting aggressively, then on a dime Bob switches gears and says he wants to move past the negativity. Then he switches back to negativity. Go through his page and you'll see he's done this before, there's posts about being over charged by other cities, where he frequently writes in all caps and claims to be shocked by their treatment of him. It's a pattern.
    The staff report is mild compared to what it was really like to interact with him. He's brash, demanding, and rude.
    On EV, people are fawning over him because 1) he's controlling the narrative because it would be inappropriate for city staff to respond and 2) people there have a bias against the mayor and city council, so they automatically assume the worst.
    There are many people who were steamrolled by Bob on more than one occasion.
    As far as the artist saying he wants to take the mosaic down, has everyone forgotten that Mark lives with Bob because he is suffering from Dementia? How much does he understand and how much is Bob manipulating him? Bob and Megan claim the reports in the UT are unfair and the reporter has targeted them, but this couple is very very suspicious and people supporting them are merely reacting to the emotional attachment we all have to that beautiful mosaic and a run that has done genuine good. But just because they have done good for others should not blind us to the fact that they are pocketing a lot of dough, lashing out and treating others in an abusive way, and are manipulating a poor artist no longer fully in control of his faculties. But, yea, let's blame the mayor for his bad behavior. He's a con man, plain and simple.

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    1. Wow. Just wow. You make assertions and claims but provide no facts. Bob and Megan have provided emails and details on EV that lend credence to their side of the story.

      Most of us are adults here and can make up our own minds given credible information.

      "The staff report is mild..". Prove it with facts. What was it really like to "interact with him"?


      Delete
    2. I'm not 10:29. Just my personal opinion and analysis:

      I really don't care how much money they make. That's relevant to potential donors, but not to their relationship with the city. It's also not mentioned in the staff report, so I'm not sure why Bob and Megan are so defensive in constantly bringing it up. It seems like evidence that, in the back of their heads, maybe they have trouble justifying it themselves. But it's really not relevant.

      The fact is, they had a good gig going, and all they had to do to keep it going was not fuck it up. The events were a positive for the community--everyone admits that. THE VALUE OF THE EVENTS WAS NEVER THE PROBLEM, and isn't the issue in the staff report. In fact, these two people probably got away with their conduct for far longer that they otherwise would because it is politically very difficult to end a valued charity event for disabled kids. Everyone at the city knows that people love the events, so the staff report shows a long history of bending over backwards to try to make things work. But they can't use disabled kids as a shield to deflect attention from their abusive behavior forever, although I'm sure they thought they could.

      The abusive behavior is the issue.

      If they were in the right, they'd fight this. The fact that they have withdrawn the agenda item in front of city council tells me that they do not want the documents, emails, letters, voicemails, and recordings to come out. And if they were to challenge the city staff report, you know all of it is coming out.

      The staff report was written very carefully. You see specific dates named when things happened. You also see accusations that would have a paper trail. Who ever wrote that report knew that a political fight was coming, and so they only included stuff that they could back up with evidence. And they included specific dates so that Bob and Megan could go back into their sent folder to see exactly what was about to be revealed. The staff report is a veiled threat: You fight this, and we will air your dirty laundry. My guess is Bob and Megan quickly realized that they were not going to win, and that if their abusive conduct was fully aired, no other city would be willing to work with them. So, they did the only thing they could do--they decided not to fight.

      I think staff and department heads had enough, and they very smartly orchestrated this ending, and good for them. No one deserves to take abuse for years for doing their job.

      As far as council goes, they get a free pass. They didn't have to consider this issue or make any difficult decisions. It never came before them for consideration, so we will never know what they would or would not have done. All of you looking to slam council for this--for all you know, they would have denied the staff recommendation and sided with Bob and Megan. We'll never know.

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    3. A con man uh? Gives most of the profits from events to local causes including money to the city. Takes in a friend with dementia into his home. 300k/year city manager and 200k/year parks director over charge, take a lawyer to get them rectify, miss uses money for signs donated as well. So who is hard to work with? Who is conning who? Since when is 100k salary “a lot of dough”? Doesn’t even qualify you for a home loan in Encinitas.

      I don’t know all the facts but the anti-SMOP person/people only argument seems to be he is hard to work with. That’s a pretty weak reason to run them out of town, especially considering their results. That reason “does not follow” and makes me suspicious of their true motives, The city made the mistakes, you don’t get to justify mis handling other people’s money just because they are hard to work with. Of course he is hard to work with, look how incompetent the city was and has a history of being. The city staff are the overpaid, ineffective, hard to work with ones here.

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    4. 11:36 am
      The Mayor and City Manager decide what will go on the agenda. The Mayor is aware.

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    5. SMOP withdrew all current and future applications for events. Their action mooted the potential agenda item, taking it out of council’s hands.

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    6. It's disappointing. I would have liked to see what the City Council would have done. If they told Parks to grow a pair and let them continue i would have commended them. I don't think that would have happened because i think the newspaper articles were political cover so they could cancel the event and reduce the community backlash. But in this i think they miscalculated.. Sad..

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  19. And what’s with the strange UT reports? Why so many and so one sided?

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  20. First, who suggested the UT reporter write the article in the first place? He doesn't usually cover this kind of stuff. My guess, the Mayor. Second, Why now? These events have been going on for years. Why, all of the sudden are they so hard to work with? Remember SMOP pays the city to use the lifeguards, etc. So in a sense they become their employees for the day. The lifeguards have screwed up a number of times and yes, Bob, did chastise them, as anyone would who is in charge of as big events. Lastly, staff has known to be difficult to work with, from my own personal experience. Something is definitely not right her, and I haven't a clue why the city would do this. They have never run an event like the runs or the challenged kids events. Do they think they can run them now? It has been taken off tonight's agenda, so I guess we will never know the true facts in this case. Also, for everyone's information, Mark Patterson has early dementia. He is perfectly coherent, knows what is going on, and he is the one who wants to move the Surfing Madonna Mosaic. This isn't Bob, but Mark who wants it moved. If you all recall when it was first put up, a former City Council member raised hell. It was then moved to Leucadia Pizza. What I see here is a lack of leadership by this city council, who ultimately controls the staff. The UT hit piece was something I honestly think the Mayor did. Nothing else makes sense. Staff would not do that on its own, and this reporter usually doesn't report on this kind of stuff. Too small for him.

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    1. Good points. Would like to hear the answers to that. The reporter's articles have been one sided. Is he talking with Mr Nichols?

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  21. Look at tonight's agenda and the consent calendar item 8F.

    https://encinitas.granicus.com/MetaViewer.php?view_id=7&event_id=2066&meta_id=107738

    Read the changes to the municipal code regarding special events. It practically reads how Parks and Rec is going to cancel Surfing Madonna events regardless of Council's direction.

    I'm not in the know, but one can reasonably assume SMOP wouldn't want to work under those conditions.

    Codified Cancel Culture. Embarassing.

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    1. 12:49, I believe you are correct. I think SMOP has a reasonable justification for pulling away. How is an amended ordinance below welcoming for any event for SMOP or another organizer? If they are trying to push away all events, well, then they are doing a good job.

      The amended municipal code for special events item 8F states that: First time or new major special events require a Citizen Participation Plan meeting and notice must be given to all occupants within 500 feet of the proposed event area/course. Applicants must plan accordingly and hold the meeting prior to the City Council review of the first time or new major special event. This applies to events that begin as a moderate event and grow to a major event. Applicants are responsible for the full cost of holding the Citizen Participation Plan meeting.

      I've worked with many events in the Los Angeles region over the last 25 years and an amended ordinance with this clause would be cause of major concern. Personally, I would have looked for another city to relocate the events, too.

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  22. Flaming torches and pitch forks anyone ??

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  23. Read for yourselves. This is the new events language SMOP has a problem with:

    6.11.220 Code of Conduct.

    The City of Encinitas encourages a safe and healthy atmosphere by supporting an environment free from: . . . intimidation or harassment, . . . profanity or abusive language. . .

    This code of conduct applies to all event organizers, participants, spectators, visitors, vendors, exhibitors, facility users, organizations, or groups, staff and volunteers in any and all events held on City of Encinitas property or permitted by the City of Encinitas. The event organizer bears the sole responsibility of ensuring the code of conduct is upheld during the event.
    Behavior that violates this Code of Conduct, as determined by the City Manager or designee, is a violation of the terms of the special event permit and permit process and will result in cancellation of the special event and denial of future special event permits.

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    1. Don't pretend to know what they have a problem with. There are a lot more changes than just the code of conduct. There is a list of transgressions that can cause an event to get cancelled. And in that list is the wildcard that says if the city decides to hold a competing event, then buh-bye.



      Delete
    2. Agree with 2:17. I don't think Surfing Madonna had any trouble with that portion of the code, either, solely because all of the other changes directly effects their events.

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    3. In other words.... if you offend our sensitive, overpaid, city employees we will take our ball and not let you play with it. We will also start a smear campaign, mis manage the money you give us, over charge you, and then steal everything you built to pay our inflated salaries. Sound about par for the city course. Why should SMOP give out all this money from the profitable events they run when the city can take it over, charge the tax payers to run them and put the profits towards the city managers $300,000 salary, or the parks head $200,000 salary or the head beach bum salary of over $100,00.

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    4. Buh-bye.

      I used to support you, before you showed who you really are.

      We’ll miss the events, but not you.

      Delete
    5. Where is the code of conduct for the dictator Mayor/council?

      Delete
  24. This comment has been removed by the author.

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  25. If anyone is going to the meeting please pull this item. It's easy. Just go up to the City Clerk and say you want it off the agenda. I'd do it, but I'm home with the flu. What happens if a staff member abuses a citizen? This city has gone nuts, and it affects a lot more than the Surfing Madonna.

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    1. Pulling it won’t do anything.

      When a consent item is pulled, it instantly becomes a regular agenda item at the same meeting. They ask staff for a report, staff talks for five minutes describing the item. Then the council asks for public comments. Then they deliberate and pass it. It takes about 10 min tops.

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    2. I don't think it's on the agenda anymore. It's not there. I just looked.

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    3. I believe 3:24 is talking about Consent Item 8F. If you pull it from consent, it won't get passed with all of the other non-discussed consent items.

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  26. I just want to say that I know all of the SMF board members very well and proud to call them friends. Each one of them are stand up citizens that deserve to have our community support. Sure, Robert can be fiery as can most CEO's and that's partly why they are at the top, however in no way does he deserve the smear campaign brought on by Roff and Giles in the agenda report nor has he been anything other than a damn good leader to grow nothing into something extraordinary. Perhaps there is some jealousy on the city's part or maybe the city employees aren't experienced enough to handle a strong leader. I don't know. I do know that this has been a sad loss for Encinitas and it's us who live here who ultimately get the worst of it.

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  27. I don't know these people directly--they may be great people--but I tend to agree with 11:36 AM, who said: "If they were in the right, they'd fight this. The fact that they have withdrawn the agenda item in front of city council tells me that they do not want the documents, emails, letters, voicemails, and recordings to come out." I have followed the conversation here, in EV, and in UT. Rob and his wife defended themselves for a while and then decided to cancel the city council agenda item and take their event to another city. It certainly gives the impression of two people who could not back up their side of the story with emails and the like. By walking away, they are essentially agreeing with the city's version of events.

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  28. The City disconnects their website when they do not want people to watch what they are doing.

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  29. Even if you believe everything from SMOP at face value, a responsible board of directors would ask the following question:

    So, over a period of years, you have had an ongoing toxic relationship with a partner who controls effectively 100% of the charity’s access to events revenue. Even if the blame for that toxic relationship is 100% on the city, you still have a fiduciary responsibility to the charity to protect and diversify sources of revenue. So what have you done over the last few years to assure that the charity has sources of revenue that are not dependent on a partner you say you cannot trust?

    A responsible BOD would ask that question, and the executive better have a damned good answer.

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  30. How is it that in these "nonprofits" the employees, founders, managers and the like are often making annual salaries that appear to be in the amounts that are so large it's truly incredulous ?

    For those that want to justify these types of numbers and the arrogant attitudes of these folks ...by stating that well it's normal to pull down $250,000 in annual (combined) compensation with a "non-profit " that has maybe $600K in annual donations such as this...


    How do they sleep at night?

    You folks are completely full of shit...


    A repeat of 2008 cannot come fast enough.

    Lord, please bring the pain and bring it quickly.

    Amen

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    Replies
    1. It would appear that way if you don't understand IRS laws and regulations surrounding nonprofits. Every single nonprofit is different in how they fund raise and how they operate. There is no single uniform compensation law that all nonprofits must follow due to the wide variety of operational details. Basically, you must look at the nonprofit individually to see if their compensation practices are justified. To call people full of shit, arrogant and to pray to bring pain upon people who you have never probably met is a little ignorant, to say the least.

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    2. 7:53

      So don’t attend their events, pretty easy. How much on your profits do you donate? Do 70% of your profits go back out to the community? So you want them to become for profit and just keep the money? You make no sense, and Taco Bell managers make over 100k, get with the times boomer.

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    3. They don’t donate 70% of their profits. Profits don’t exist. That’s why it’s called a “nonprofit” organization.

      They also don’t donate 70% of revenues.

      30% of revenues goes to the salary of the couple running events. Some other percentage of revenues goes to permits, runner tee shirts, race numbers, aid stations (tables, pop up tents, water coolers, disposable cups, trash cans, etc), medical services, a PA system, public safety staffing, registration and billing systems, event promotion (web site design and hosting, advertising, fliers, etc.).

      All of that doesn’t come cheap. The running events are not charity. They charge the runners for that. The running events are for the purpose of revenue generation. So all of those costs listed above should be properly classified as cost of revenue generation.

      After you subtract the salaries and all costs for putting on the running events from gross revenues, you have some much smaller amount of money left. Some percentage of that money gets spent on the surfing event, which is the only charity event done by SMOP.

      They do not spend all of the available funds on the surf event. Per the recent online comments of the Nichols, they have been putting money away for a rainy day.

      Bottom line, I’m not sure what percentage of revenues are actually spent on grants and charity, but it sure isn’t anywhere near 70%.

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    4. If we are to believe SMOP, they have given $600K to the community since 2013 (EV facebook post).

      They list their donations on their website and it seems generous. There are a ton of running events that are popular and make $$$ that give ZERO money to community organizations. This group did.

      Even if the city didn't get any money from SMOP for Parks and Rec, there was still a huge community benefit. It is tragic to the community that SMOP is gone, regardless of who is to blame.


      Delete
  31. As an annual volunteer of the Surfing Madonna disability surf camps, events and various programs, I can attest to the powerful impact they have had on our community. I was there when the Surfing Madonna team took a quadriplegic gentleman out in the water for the first time in 50 years. It was one of the most memorable and beautiful moments I've ever witnessed. Words can't describe how truly amazing that day was. I still have photos of that gentleman on my desk. I don't see how the city can duplicate that kind of impact and experience. The love and heart (or experience) just isn't there. I asked Surfing Madonna if they tried to work it out with the City of Encinitas and they showed me many emails they sent. The city has no excuse. Shame on Encinitas.

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  32. After reading what Rob and Megan had to say on EV and how they said what they had to say, I say good riddance to them and their organization as far as their events are concerned. Arrogant. Entitled. Rude. And they do not seem to be very efficient at what they do. If both of them are working 60 hours a week, that is over 6,000 hours a year. And they have volunteers as well. That many hours for two events? Wow. Just wow.

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  33. Nobody is discounting the fact that a surfing camp for disabled people is an amazing experience for some folks.

    The subject here is the grifters charging $250K for arranging 2 surfcamps in one year.

    I would venture to say while it may be legal as far as IRS rules... it's just plain ridiculous when it comes to the math.

    Math is gonna math and grifters are gonna grift.

    Virtue signaling for bank is the name of my next noone profit.

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  34. You use the word "charging" where reasonable observers might say earning.

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