The pending litigation against the board of HASC, Inc. (“Lone HASC Critic on Board Is Dismissed,” June 24) initiated by former board member Lillian Lieberman is unfortunate, resulting in costly and unnecessary expense, and taking funds from HASC’s basic mission.
As the independent outside counsel for HASC and its board (and former deputy chief of the NY Attorney General’s Charities Bureau), I wish to clarify key points and set the record straight.
Lieberman did not oppose the return of Bernard Kahn as an employee of HASC (where he has no role with the camp). Ms. Lieberman joined a unanimous board in offering a contract to Mr. Kahn, and her constructive suggestions were all incorporated.
The HASC bylaws which Ms. Lieberman challenges were drafted in accordance with New York law and adopted unanimously (with her support) at a board meeting on October 12, 2010, which she attended.
The HASC board has functioned properly and transparently in accordance with its bylaws, holding regular meetings (all of which have been attended by Lieberman, including the meeting at which she was removed), guided by independent counsel and acting by consensus. Lieberman never opposed a single major board action.
The Supreme Court’s stay in no way requires Lieberman to remain on the board until the July 20 court hearing. The board was legally permitted to remove her after she commenced two meritless litigations against them.
Bernard Kahn’s return to HASC (an organization founded by his parents, which he served with dedication for more than three decades) was mandated by a Psak Din (agreed to by various board members including Lieberman) issued to resolve over six years of contested litigation, signed by three rabbis acting as arbitrators at the Beth Din of America, dated June 3, 2010. The current HASC board members have faithfully implemented that “Award” and “Order” consistent with New York law.