Three Statements by Edge Officials in Protest of Ouster Verdict

Letters to the EditorLetters

[Editor’s Note: Controversy over the Edge Swim Club has flared anew in recent days with the expiration of the 30-day notice to vacate The Plunge following the city’s abrupt termination of its agreement with the youth team. Founder/coach Patrick Moran and parent rep Cindy Popp addressed the City Council last Monday night. Joey Lynch, the team’s legal counsel, spoke at last week’s Council meeting. All three statements are reproduced in full here.]

City Council:

My name is Patrick Thomas Moran. I speak as an individual.

First and foremost, I deny ALL of the claims Alan Corlin used on Oct. 22 to justify terminating my License Agreement for use of the Culver City Plunge; and with it, the Edge Swim & Polo Club. I want to be crystal clear here: I accuse Alan Corlin of “Public Corruption.” When it all boils down, he has abused the public trust and caused direct harm to Culver City families over nothing more than personal resentment, envy toward me, and the desire to give an unfair business advantage to one of his friends.

It defies common sense that if Alan’s report was true, the City would have renewed my license agreement even once over the past seven years, much less every year since 2001, including the current license, effective July 1, 2007. Nor would they have entrusted me to take over their entire lessons program in 2005, the first summer The Plunge reopened after renovation. In fact, that summer was a resounding success for both the city and Edge.

Further, it goes beyond reason that there are no earlier reports or consequences for such allegedly grievous acts. In fact, if Alan’s claims were true, the City Attorney, the City Manager and the entire Recreation Department staff would be liable for having allowed the problem to persist for years on end.

Still further, Alan’s actions directly contradict the published “Code of Conduct” policy, which requires City Manager Jerry Fulwood to enforce a three-strike rule. The maximum penalty is for the “actual offender [to be] permanently suspended from The Plunge facility,” not the organization as a whole. I received one warning. I immediately appealed to both Fulwood in writing, as per the Code, and direct to this Council. I cited into the Public Record the misrepresentation of facts by William LaPointe, all of which is well-documented. You all never even responded. And Fulwood signed his name to terminating the License Agreement, no questions asked.

No mention has been made of Alan’s long-standing personal relationship with Kenneth Hammer. Hammer is a founding-leader of Edge rival, Royal Swim Team. Royal laid siege on The Plunge over two years ago, but has had virtually no recruiting success. Now it stands to gain a windfall with Edge’s abrupt demise. It is also beyond coincidence that the only witness mentioned (but not named) in Glenn Esterly’s Oct. 25 Culver City News article is Tracy Dozal, another founding-leader of Royal.

Well-documented communications between Edge’s Legal Counsel and the City Attorney show full compliance by both me and our swim community. The assertions Alan has made are bad-faith creations that reflect the sole-opinion of the person reporting. I was not provided any good-faith opportunity to place the accusations in appropriate context or to demonstrate that, in fact, many never even occurred. That fact remains true despite numerous written requests by our attorney for the report in advance, so I could properly prepare for a meeting. An objective review of the written history between the attorneys shows a conscious, focused attempt by Alan to blindside me behind closed doors with an overwhelming list of fabrications.


Steve, Scott and Gary

You three voted to destroy a thriving children’s program and the largest revenue provider The Plunge has had in over two decades without so much as scratching the surface. You consciously ignored obvious ample cause to dig deeper. We all know Alan’s commitment to personal revenge, whether the perceived slights are real or not. It’s no secret in this town. You’ve seen him play it out many times before. Perhaps that is why you kowtowed to him.


Scott

You had the audacity to welcome me at lunch, to look me in the eye and to shake my hand as a friend, mere hours after stabbing me in the back. You are the greatest disappointment of all, because you had the furthest to fall. With your possible re-election only two years away, I pray for your constituents’ benefit that they focus not on what you say, but how you have voted when it comes to their children.


Carol

Thank you for doing your best to protect our children. You must be commended. I can only imagine how difficult it has been to maintain integrity among such peers. The citizens do not realize how fine and rare a community leader they will soon lose in you.

And finally…


Alan

Your actions demonstrate two things:

1) you are nothing without the title and dais you hide behind; and

2) even with that fleeting power in hand, you became nothing more than a bully.



I was naïve. I never believed you would hit so low. And yet, I am still standing.

Patrick Thomas Moran


Statement by Edge Parent Coordinator Cindy Popp

Mayor Corlin and members of City Council:

I have been the Parent Coordinator, a volunteer position, for the Edge Swim Club for the past five years, witnessing first-hand the over 300 families and many, many success stories that have come through our program.

Like myself, people were drawn to Edge Swim Club because of the philosophy and principles on which owner and CEO Patrick Moran founded this team. Bottom line, Edge Swim Club was a wonderful program for our children. Not only did our children learn to swim, they gained self-esteem and self-confidence and of course genuine camaraderie. Even the city of Culver City couldn’t have created a better program themselves that embodied the city’s own mission statement for its citizens and children.

It is an absolute crime that Mayor Corlin has been allowed to destroy this children’s swim team. His published justifications are pathetic fabrications and mischaracterizations of the truth. Shame on Steve Rose, Gary Silbiger and Scott Malsin for going along with Mayor Corlin’s kangaroo court vote. Even though you all knew the real “truth” behind Mayor Corlin’s witch hunt, you voted selfishly to protect your individual self interests instead of investing in the best interests of the citizens of Culver City.

Council member Carol Gross, thank you for standing up for the truth. I thank you for your strength and for your years of consistent support.

Edge Swim & Polo club, our Culver City children, and their families have witnessed the damage that can be done by a bully who has temporarily acquired a small amount of power. In these unjust moments, we must all remember that we live in a great democracy. “We the People” ultimately hold the real power. This community has nothing to fear by unifying and acting toward positive change.

Sincerely,

Cindy Popp

Parent Coordinator

Edge Swim & Water Polo Club

Statement by SwimBiz, Inc. Legal Counsel Joey Lynch.

Culver City Council:

I was, and still am, shocked by the action you took at the October 22, 2007 City Council meeting – terminating Culver City’s License Agreement with the Edge Swim Team. You made a decision to remove over 200 families from the Culver City Plunge, effective less than 30 days from your decision date.

During the previous two-month period, Aug. 17, 2007, through Oct. 22, 2007, I was in primary contact with the City Attorney’s office and the City Manager’s office as the representative for the Edge Swim and Polo Club /SwimBiz, Inc. (the “Edge”) for the sole purposes of (i) ensuring that the Edge complied with and understood what its obligations were and what the city of Culver City’s (“Culver City”) obligations were under the current License Agreement and (ii) to establish an effective line of communication between both parties — the Edge staff and the Parks, Recreation & Community Services (“PRCS”) staff. I was brought in to handle this matter because of the failure of William La Pointe, PRCS Director, to achieve those purposes while in communication with four different Edge parents. (Each parent, at different times, assumed the position/responsibility of communicating with the PRCS on behalf of Edge, and each parent gave up the position due to Mr. La Pointe’s failure to address any issue with clarity.) A review of Mr. La Pointe’s communications, email and otherwise, with the Edge demonstrate Mr. La Pointe’s inability to clearly and effectively communicate with the Edge.

Furthermore, my involvement was intended to be short term. Unfortunately, I was faced with the fact that neither Mr. La Pointe nor the City Attorney’s office could answer simple straightforward questions as to what the Edge’s and Culver City’s responsibilities were under the License Agreement. As an example – On Sept. 17, 2007, I notified the City Attorney’s office that on Sept. 14, 2007, the pool staff failed to secure the lane lines — a dangerous situation created by the pool staff. The Edge needed to know who was to pull and secure the lane lines and at what time that would be done. Neither Mr. La Pointe, nor Carol Schwab, nor Heather Iker would answer that question in our telephone conversation on Sept. 19, 2007. It was not until Oct. 1, 2007 that I was advised as to how that issue would be handled – 13 days after I first notified Culver City of the problem. My observation was that Culver City’s increased time and cost to related to this matter was self-imposed – all Culver City had to do was tell the Edge what it was required to do under the terms of the License Agreement – Mr. La Pointe should have been able to do so but would not – the License Agreement was written by Culver City, not by Edge; it is not a burdensome request for the Edge to ask Culver City what the Edge is suppose to do to be in compliance with the License Agreement.

Rather than counter each statement made or relied upon by this City Council in voting to terminate the License Agreement, including each incident reported in your list since Aug.17, 2007, I invite you to review my complete communications with the city of Culver City, which can be provided to you by Carol Schwab; please note that I was in communication with Alan Corlin, Mayor, Jerry Fulwood, City Manager, Martin Cole, Assistant City Manager, Carol Schwab, City Attorney, Heather Iker, Asst. City Attorney, and William LaPointe, PRCS Director. I hope that that the City Council was not aware of the facts leading to its vote to terminate the License Agreement, but was misled by Alan Corlin, Jerry Fulwood and William LaPointe; if not, I can only conclude that the Councilmen who voted to terminate the License Agreement on Oct. 22, 2007, had another unrelated reason to send its Culver City constituents packing and out of the pool.

However, I must address a significant issue: Alan Corlin’s misrepresentation of his willingness to meet with the Edge/Patrick Moran to resolve issues prior to his scheduling the termination of the License Agreement and the substantial youth swim team and water polo club at the Culver City Plunge as a City Council agenda item. During the 1 month period between September 10, 2007 and October 10, 2007 that Alan Corlin tried to schedule a meeting with Patrick Moran, Mr. Moran had agreed to meet with him and even suggested the date and time be selected by Alan Corlin. However, Alan Corlin would not provide Mr. Moran with an agenda of the items to be discussed. It was not until October 10, 2007 that Alan Corlin first advised Mr. Moran that the agenda was to be the termination of Edge’s License Agreement.

Despite our multiple requests for the basis of such action so that Mr. Moran could fairly and effectively address Alan Corlin’s concerns, Alan Corlin did not provide that information to Mr. Moran or me until Oct. 22, 2007, the day of the City Council meeting. It is misleading for Alan Corlin to claim that he made any attempts to meet with Mr. Moran to resolve any issues prior to terminating the License Agreement.

Sincerely,

Joey Lynch, Esq.

Representing the Edge Swim and Polo Club and SwimBiz, Inc.