Subject: AT&T Lawsuit
Date: Wed, 21 Oct 2009 11:27:39 -0500
From: BBenson@pulmanlaw.com
To: SMatthes@ waonicole@hotmail.com; michelleanthonycryer@; karenmaxfield@
CC: csuroiu@
All-
Attached is opposing counsel's file on the AT&T lawsuit. It basically looks as though Carol took out an add for the WAO and did not pay for it. We are contacting the opposing counsel to see what needs to be done to settle this and will let you know.
Devin “Buck” Benson
PULMAN, CAPPUCCIO, PULLEN & BENSON, LLP
2161 NW Military Hwy., Suite 400
San Antonio, Texas 78213
(210) 222-9494 ext. 122
(210) 892-0510 (direct)
(210) 892-1610 fax
October 23, 2009
From: SMatthes@...
Date: Fri, 23 Oct 2009 14:06:57 -0400
Subject: Employee Information
To: michelleanthonycryer@...; karenmaxfield@...; waoheathernoe@hotmail.com; waomary@..; W.westcpa@..
CC: waonicole@..
Nicole: Will you please be sure that all employees and volunteers get a copy of this.
To WAO Staff:
As all of you are aware, our WAO is undergoing a transitional period of realignment of procedures and management. If the WAO is to survive, we ALL must work together at this crucial period of our existence and support the decisions of our CEO, Nicole Garcia, and our Board of Directors.
It continues to come to my attention and other members of the Board of Directors that there is too much conflict among the WAO staff that is causing disruption and hampers our mission to accomplish our goals. In any organization there will be some disagreements between employees and management, however, one of the basic requirements of a CEO is to attempt to resolve any conflicts in a professional manner. If no resolution is reached between the parties involved, the BOD will step in as a last resort. We want and need to keep the channels of communication open, so if at any time, any of you have a problem that you feel needs to be presented to the BOD, please feel free to do so without ramifications of being fired or relieved of your volunteer status for doing so. Only in cases where misconduct or unprofessional behavior is substantiated will the BOD take extreme measures to terminate employment.
Termination of employment for any WAO employee is certainly not the route that we want to take, especially during this critical time when the WAO is under microscopic scrutiny. We cannot allow ourselves to be open to any further public or private criticism during this transitional period.
The WAO Board of Directors appointed Nicole as the interim CEO and as such I have great faith and trust that all of you who are part of the WAO staff will respect that decision and cooperate with her and your fellow staff members to not only do your job, but lend a hand to help out in any way that you can. We must have a leader in the day to day operation of the WAO. We are preparing an organizational chart outlining specific duties for all personnel that should be published within the next few days.
This all boils down to one thing: If everyone gets on board to work together peacefully and progressively to keep the doors of the WAO open, then we can accomplish our mission of providing lifetime care for the animals that have no one else to depend on except us! Anything less will work to bring the WAO down and I will not accept that as an option.
Sumner D. Matthes
Board of Directors
Vice President
ASUS/WAOFrom: waomyrna@...
To: waonicole@...; smatthes@...; michelleanthonycryer@..; karenmaxfield@...; waoheathernoe@..; waomary@...; w.westcpa@..; waokimberly@hotmail.com; waomichelle@..; waomiked@...; waoterry@..; wao_rachel@...; waokelsey@...
Subject: RE: Employee Information
Date: Fri, 23 Oct 2009 15:11:05 -0500
Hi,
I have read the email and I must admit I was a little taken aback by it. As far as the Leslie road facility is concerned I believe that every single person I work with gets along just fine with their coworkers. Even the caretakers at Talley have been nothing but kind,respectful and very informative with us. The animal caretakers and I took it upon ourselves to reply to everyone to justify our happiness and cooperation with this wonderful organization.
One very happy employee,
Myrna Leal
From: waonicole@...
To: smatthes@..
Subject: RE: Employee Information
Date: Fri, 23 Oct 2009 13:26:39 -0500
This is Kim Meyer, I am the new Administrative Assistant at WAO. I received this email and just want to let you know my opinion on this matter. I feel things are working well, and everyone is working together to improve what needs to be improved, etc. I can honestly say I have no conflict and I am very happy to be working here.
To: smatthes@..
Subject: RE: Employee Information
Date: Fri, 23 Oct 2009 13:26:39 -0500
This is Kim Meyer, I am the new Administrative Assistant at WAO. I received this email and just want to let you know my opinion on this matter. I feel things are working well, and everyone is working together to improve what needs to be improved, etc. I can honestly say I have no conflict and I am very happy to be working here.
Date: Fri, 23 Oct 2009 13:44:41 -0500
Subject: Re:
From: kelseydyer@....
To: waonicole@...; smatthes@...; michelleanthonycryer@..; karenmaxfield@...; waoheathernoe@...; waomary@...; w.westcpa@..; waomyrna@hotmail.com; waokimberly@..; waomichelle@...; waomiked@...; waoterry@hotmail.com; wao_rachel@...; waokelseyd@...
CC: j65ac@ [Jamie Cryer]
Subject: Re:
From: kelseydyer@....
To: waonicole@...; smatthes@...; michelleanthonycryer@..; karenmaxfield@...; waoheathernoe@...; waomary@...; w.westcpa@..; waomyrna@hotmail.com; waokimberly@..; waomichelle@...; waomiked@...; waoterry@hotmail.com; wao_rachel@...; waokelseyd@...
CC: j65ac@ [Jamie Cryer]
Dear WAO BOD,
I am an animal care take at the Leslie facility and I do not feel that there is any conflict between the employees here. I feel that everyone here has respect for everyone else and we are all able to work together to accomplish or goals.
Sincerely,
Kelsey Dyer
From: waojenna@..
To: michelleanthonycryer@...; karenmaxfield@...; smatthes@...; waonicole@...
Subject: RE: Employee Information
Date: Fri, 23 Oct 2009 13:48:31 -0500
To: michelleanthonycryer@...; karenmaxfield@...; smatthes@...; waonicole@...
Subject: RE: Employee Information
Date: Fri, 23 Oct 2009 13:48:31 -0500
I wanted to respond to the following e-mail concerning staff conflicts. As far as I know, I have not seen any conflict here at WAO. When I was reading the e-mail, I was very shocked and trying to figure out where there may be conflict amongst us, and I could not think of anything. I know I cannot speak for everyone, but only for myself. Everybody here is working together as a team and extremely hard to get WAO and its animals where they need to be. Everything I have seen involves positive attitudes. Thank you for your time!
-Jenna PetersFrom: wao_rachel@..
To: waonicole@..; smatthes@...; michelleanthonycryer@..; karenmaxfield@...; waoheathernoe@...; waomary@...; waomyrna@...; waokimberly@hotmail.com; waomichelle@...; waoterry@...
Subject: RE: Employee Information
Date: Fri, 23 Oct 2009 13:58:19 -0500
Dear WAO Board of Directors,As an animal caretaker at the Leslie Road facility, I would like to express my confusion regarding the issues apparently being brought to the concern of the board. I work here almost every day and have not once experienced the "conflict" mentioned in the email to Nicole. All of the employees work extremely well together and respect one another, both those working outside with the animals and those working in the office doing administrative duties. All of the caretakers have discussed this issue with one another and we all agree that there is no conflict that needs to be taken care of. We understand that Nicole has been placed in charge, and that we are all to report to her. There is no bitterness of any sort regarding the "chain of command," or even between caretakers. We appreciate your concern for the welfare of our work environment, but there is no need to be concerned because we are all very happy and enjoy our jobs very much.Thank you!
Gee, I wonder who could have been stirring up trouble with the Animal Care Staff. Mike Dereadt? Terry Minchew? Michelle Cryer? Oh, and once again, Michelle & Mary Reininger are mum on the subject. What a shock.Sincerely,Rachel Jacobson
October 24, 2009
So, I have to say that it is 2:16am and tonight has been pretty educational for me. I noticed that on the quarterly returns for taxes 941's my father listed nothing on the 2nd quarter and well lets just say they never got "paid" but they did get quite a few advances through the year and um I guess they dont consider that as income that is taxable.
I am pretty upset that Melissa Asvestas received alot of advances and contract labor payments for rescues and misc. and alot of petty cash. She still owed about 2500.00 in payroll loans by the end of 2005 and that doesnt include loans from 2004 that were not paid. WOW do I have alot of typing to do.
I am not even about to start talking about the reimbursements or furniture or any of that stuff yet. I think the AG's office should put me on a payroll to do all this work for them. Or they could just give me a good reference? Kidding.
John paul located stuff on the land and heres my issue with that. It was paid or had zero balance in 2004 but there are many checks written and cleared through 2007, how does that happen?
Well I have to sleep ....... sometime.
Love
Nicole Garcia
Subject: RE: QuestionI am pretty upset that Melissa Asvestas received alot of advances and contract labor payments for rescues and misc. and alot of petty cash. She still owed about 2500.00 in payroll loans by the end of 2005 and that doesnt include loans from 2004 that were not paid. WOW do I have alot of typing to do.
I am not even about to start talking about the reimbursements or furniture or any of that stuff yet. I think the AG's office should put me on a payroll to do all this work for them. Or they could just give me a good reference? Kidding.
John paul located stuff on the land and heres my issue with that. It was paid or had zero balance in 2004 but there are many checks written and cleared through 2007, how does that happen?
Well I have to sleep ....... sometime.
Love
Nicole Garcia
From: n garcia [mailto:waonicole@hotmail.com]
Sent: Saturday, October 24, 2009 12:02 AM
To: Buck Benson
Subject: Question
Sent: Saturday, October 24, 2009 12:02 AM
To: Buck Benson
Subject: Question
I have a large amount of information that I would like to submit to The Attorney General's office. I am going to start with 2005 and submit this first. I did not realize how much work this is going to be but I will get the information that I feel is going to be of great importance copied first and type out a report to go along with it. I will do this after hours so that it does not interfere with the information that they have already requested from ASUS/WAO (and I have a large amount of work to focus on for the WAO improvements and operations), I would like them to know that I will have all the 2005 information given to you by Friday of this week coming up. I will also send you a response to the information they have requested in a separate packet by Thursday (to the best of my ability due to files missing, etc). Do I use the same CID number for the information I am providing as we will for the information requested?
I will send everything to you so that you can review and send this to them as you requested.
Thank you very much.Nicole Garcia
I will send everything to you so that you can review and send this to them as you requested.
Thank you very much.Nicole Garcia
Date: Mon, 26 Oct 2009 09:05:29 -0500
From: BBenson@pulmanlaw.com
To: waonicole@hotmail.com
I would focus more on producing 2006 and forward
Devin “Buck” Benson
PULMAN, CAPPUCCIO, PULLEN & BENSON, LLP
2161 NW Military Hwy., Suite 400
San Antonio, Texas 78213
(210) 222-9494 ext. 122
(210) 892-0510 (direct)
(210) 892-1610 fax
From: waonicole@hotmail.com
To: bbenson@pulmanlaw.com
Subject: RE: Question
Date: Mon, 26 Oct 2009 09:55:07 -0500
Well, I finished 2005 last night because it shows that we own items that are in their house. This is something that was filed with the AG's office and it proves a large amount of pay that was given and property payments.
This is something that was hinted to me that they needed.
Nicole Garcia
To: bbenson@pulmanlaw.com
Subject: RE: Question
Date: Mon, 26 Oct 2009 09:55:07 -0500
Well, I finished 2005 last night because it shows that we own items that are in their house. This is something that was filed with the AG's office and it proves a large amount of pay that was given and property payments.
This is something that was hinted to me that they needed.
Nicole Garcia
From: waonicole@...Well, we now have confirmation, from one of the WAO animal caretakers at Talley Road that the WAO did not provide the amount/variety of "produce that the NHPs would need in order to be healthy" (see email below). Sure, now the Talley Road animal caretakers are "chatty" in their emails to the board of directors. Why in the world was this information NOT provided to board of directors under the old regime? The USDA/APHIS inspectors?
To: michelleanthonycryer@..; j65ac@..CC: smatthes@...; karenmaxfield@...
Subject: Volunteer Forms
Date: Sun, 25 Oct 2009 17:10:49 -0500
This is a form that I am going to require for volunteer work. I just finished it and would like approval from the board on this or their thoughts. Until we are able to obtain appropriate insurance this is needed. I have 2 meetings next week to get some estimates on cost of insurance but for now, anyone who is volunteering time on the properties of WAO needs to sign this form once it is approved by BOD. Please let me know asap, because we have volunteers lined up to come in and volunteer their time. These volunteers will be supervised and NEVER be left around animals or on their own. I will have ALL employees sign a form of understanding. I will have an addition to this regarding procedures and NO HANDS ON info, etc. but this will have to wait for now. I don’t plan on actively allowing volunteers for outdoors for atleast another week due to the need for proper documentation first.
Right now, we only have Jamie Cryer and Michelle that are actively volunteering at both properties.
Thank you
***If approved - Michelle and Jamie, can you please fill these out asap. Thanks
Nicole Garcia
From: waomary@..Oh, so the animal caretakers were not "chatty" in response to a health and welfare issue pertaining to the WAO animals, rather they believed they personally were being attacked in an email directed to the other parties, not the animal care staff. Interesting... so it appears, Mary & Michelle only stand-up for themselves when wrongdoings are perceived and NOT when something terrible affects the animals health and welfare after all. Am I s-u-r-p-r-i-s-e-d?
To: smatthes@...; waonicole@....; michelleanthonycryer@...; karenmaxfield@msn.com
CC: waomichelle@..
Subject: RE: PRODUCE
Date: Wed, 28 Oct 2009 08:23:51 -0500
To All:
When we first talked about a new feeding schedule for the primates I had e-mailed Nicole with the proposed plan of feeding the primates twice per day. In the mornings, they would be fed their full portion of monkey chow, in the afternoons they would receive produce.
I realize that monkey chow is a 100% diet. That basically means that the chow contains everything the primate needs to be able to exist as a healthy animal. However, it also can be very boring for them. Hence, the want/desire to include produce. The problem with feeding them produce at the same time is that they will eat what tastes better or they want first. Being primates, they will generally eat and possibly fill up on the produce first. This will led to malnutrition, and is a big reason why the chow makers do not recommend feeding produce with the chow.
There is no way this organization can afford to feed the amount/variety of only produce that the NHPs would need in order to be healthy. We do not have the budget or amount of care staff that a zoo does [empahsis added].
If we feed 10% of monkey chow and 90% of produce, they would basically have to be able to eat continuously all day long. And how would you make sure that they are each getting the variety that would make a healthy primate and not just eating what they like? (For example, each of our chimpanzees would eat 20 bananas all at once if given the opportunity. Then they are not hungry and where does the complete nutrition come from?)
We have large groups of monkeys at Talley, feeding them 10% chow and 90% produce would never work.
My recommendation is that we feed monkey chow in the morning (full portion or 90% of their diet) and then give them produce in the afternoon, especially now with winter coming on. This way, the proper amount of what they need produce-wise each day does not necessarily need to be determined as they are getting complete nutrition in the morning meal of chow. The produce could be whatever is in season or we could change it up and give them different new things to try. It doesn't have to be a huge variety each and every day. They are happy just to be getting something with different tastes/textures or their favorite fruits/veggies.
As far as figuring out the schedule for produce delivery, it would be best to have a day set up each week for ordering and then delivery. Then we don't have misunderstanding concerning ordering.
Last Friday I was contacted by Myrna, who works in the office on Fridays, about how much produce was needed at Talley as they were going to be purchasing for Leslie. I told her we had just used up the last of the produce that morning and to just order three times the amount that was ordered for Leslie and that would give us a good amount to begin with. She said, okay, and I assumed that produce was ordered and would be brought out to Talley. We haven't seen it yet. If we had a set day for delivery, we would have some idea of when to expect the produce to be there. I think this would help set up a structure for ordering/delivery, so there is no confusion.Thank you,
Mary
From: waonicole@...
To: waomary@...; smatthes@..; michelleanthonycryer@..; karenmaxfield@...
CC: waomichelle@...
Subject: RE: PRODUCE
Date: Wed, 28 Oct 2009 08:31:35 -0500
I am sorry, that was passed to Jamie so that Henry could deliver what was purchased. No one told me that this did not happen and yes I purchased enough for both places. The email about produce was not directed to you or Michelle, I was explaining why it is that we were going to meet on Friday. I have 2 different produce schedules and everyone is giving their input. I was hoping we could sit down on Friday at the staff meeting (which only 4 people have responded to me about) and put final feeding schedules together based on what USDA and vets have told me along with what you all want for talley and leslie.
M&M, I have never questioned anything you all have sent. This was directed to others. Please be a part of the meeting on Friday because I need you all to approve everything before I am comfortable.
Thank you
Nicole Garcia
October 29, 2009
In a message dated 10/29/2009 9:40:17 PM Eastern Daylight Time, waonicole@... writes:
On Wednesday October 28th, 2009 at about 3:00pm, Jamie contacted Kimberly in the office to state that he needs a check for gas so he can deliver the cats to Hill Country Animal League for their spay/neuters. When Kimberly came to inform me of this I told her to please call him back and let him know that I will have them delivered, I have the paperwork and not to worry but thank you. Kimberly basically stated that he sounded happy and he said okay. (My whole thought process to this was.....Jamie has alot to get done and we havent yet started on the field, why not have someone take the cats so that Jamie could spend more time on the important time crunching projects?) About 15 minutes later Jamie called me to tell me that he has to take the cats because he just got yelled at. At that point I asked him who told him he had to take them and who yelled at him. He said Michelle and I told him I would call him back in a few minutes. I waited about 15 minutes and called him back and stated, Jamie I have the cats handled but thank you. He said okay. I received another phone call from Jamie who stated the following, "Nicole, I have to take those animals tomorrow." and I said, "why? no you dont, I said I have it covered." he then yelled, "don't you do it, don't you take those cats, it is in my f***ing job and my job description, I am taking those f***ing cats and you better not touch them." I simply stated in a calm voice, "Jamie, you are yelling at me and you are cussing at me, I am hanging up now."
Number one - I dont appreciate or allow anyone to talk to me like this. And it will not happen again. I refuse to allow Jamie anywhere near the WAO until I get some sort of appology. I also received a text message from Michelle Cryer telling me that Jamie is taking the cats tomorrow and nobody else. This was after I stated 3 times that I was having them taken care of. I want the office key returned and we still have not found the expedition key that Jamie Cryer had last. I will not tolerate this because if he can yell at me, then he will yell at anyone. My conversations with Jamie were witnessed by Will West and I was calm and nice the entire time.
I also, have no clue what he has done or what he hasn't done but I have all projects under control and appreciate the help that he has given but this is to much of a conflict and I will not allow this to happen again.
To remind everyone, until we get our files straight and we reach our goals of correcting the wrong that has been done with our animal transport - we have NO animal transport. This is why I wanted to have a CDL driver on standby for emergency transport of our animals. I still have not received any thoughts on this as of yet.
We should not even have a title of animal transport for anyone due to the fines we received. We are already working on getting everything in order just in case we decide to transport in the future and we will follow all rules when we do. I do have the originals of all of our transport records given by jamie and if anyone wants to review those let me know so there is no confusion as to what was lost or ruined - I have all originals for the past year and a half.
I have to say that everyone is doing well and I am impressed with all of the team effort that has increased in just one day. I receved many lists of long term and short term goals from Leslie and Talley and feel that we will all be positive from here on out.
Thank you all for taking the time to be there for all of us.
Nicole Garcia
October 30 - November 2, 2009
And the drama continues...
And the drama continues...
From: SMatthes@..
Date: Fri, 30 Oct 2009 00:00:03 -0400
Subject: Re: SITUATION
To: waonicole@..; karenmaxfield@...; w.westcpa@..
To All: Nicole does not have to be subject to this. I certainly do not tolerate it. I would suggest that the BOD take action to advise Jamie that he is not longer needed and that he is not welcome to be a WAO volunteer and therefore is not allowed on WAO property.Also, and somebody has to say it. In my opinion, it is time to ask Michelle Cryer to resign from the BOD and stop any further association with the WAO. It is obvious that she is not willing to work with us on our reorganization and change. In fact it would appear that she is doing everything she can to see us fail. I know that both of them have done lots of good work but, for some reason, they are now doing things that are very disruptive and can no loner be tolerated. We simply do not have time to concern ourselves with type of petty foolishness. Let's move on. Comments??I hope that tomorrow's staff meeting results in further support by all for the efforts of Nicole and the rest of the WAO team. Wish I could be there to participate.SumnerI'll vote yes for that.
From: waonicole@...
To: karenmaxfield@...; smatthes@..; w.westcpa@..
Subject:
Date: Mon, 2 Nov 2009 09:33:52 -0600
I have been trying to get some communication from Michelle for the entire weekend. I have had no response, no phone calls and no other form of communication from her. She came into the office this morning with an attitude and I am getting sick of it. When she started her comments, I simply stated that I was not having this conversation right now. She said, okay I will remember that attitude.
I forwarded all the emails to you all over the weekend and Michelle stated that she expected that I would have had the letter ready for her to sign. I am going to type this letter of authorization and send it to her to get sign and with a large amount of checks as well. I have had no office keys or gate keys returned by Jamie as of yet and the intentional ignoring of my requests is unprofessional. I am again having the keys changed and have had a key made for the expedition - free.
I do know that Jamie has been in contact with IFAW since the start on his own. And I would like the board to let Jamie and Michelle know that they are not to contact any of our donors. As it sits right now, IFAW will be here in December to visit. If they decide to change this, I will be very unhappy because it will lead me to believe that someone has contacted them.
Another note, Michelle told our attorneys in the last meeting that she had never approved any policies of Carol Asvestas' and I found a stack of policies from 2007 that were signed by Michelle Cryer.
Nicole Garcia
November 4, 2009
Despite not meeting DOT requirements, Jamie Cryer continues to transport animals across state lines!
Despite not meeting DOT requirements, Jamie Cryer continues to transport animals across state lines!
--- On Wed, 11/4/09, SMatthes@... wrote:
From: SMatthes@...
Subject: Name and Address
To: michelleanthonycryer@...
Cc: waonicole@...
Date: Wednesday, November 4, 2009, 7:47 PMMichelle: Would you be so kind as to provide me with the name and address of the person that Jamie and Henry went to when they picked up donations a week or so ago??Nicole needs this for a thank you and to possibly obtain future donations.Thanks,SumnerIn a message dated 11/4/2009 9:43:59 PM Eastern Standard Time, michelleanthonycryer@yahoo.com writes:
--- On Wed, 11/4/09, SMatthes@... wrote:
From: SMatthes@...
Subject: Re: Name and Address
To: michelleanthonycryer@...
Cc: karenmaxfield@..., W.westcpa@..., waonicole@...
Date: Wednesday, November 4, 2009, 9:14 PMJamie: I don't understand this. What is this Mississippi dog trip?? Does it have anything to do with the WAO? I know you picked up animals before from Mississippi for the WAO, but I'm not aware of any WAO authority to make this trip. If this is a private thing between you and Mississippi Humane Society I have no problem. If the WAO is involved in this in any way, including the use of WAO vehicles, credit cards etc. then I will assure you that you will not use any of WAO equipment and I will advise the Mississippi Humane Society that you do not represent the WAO and we are not involved in this or any further transactions between you and the Mississippi Humane Society. Two Quick question? If you are picking up dogs where are you taking them? Do you have all the DOT documents required for this type of trip?I'd really appreciate an email reply on this so that we all know what this is all about. If this is a private transaction then I'm sorry that I possibly have misunderstood it.SumnerDate: Wed, 4 Nov 2009 19:50:42 -0800
From: michelleanthonycryer@...
Subject: Re: Name and Address
To: SMatthes@...
From: SMatthes@...
Date: Thu, 5 Nov 2009 00:24:51 -0500
Subject: Fwd: Name and Address
To: waonicole@..; W.westcpa@...; karenmaxfield@...; michelleanthonycryer@...
To All: Sorry. In my previous email I indicated that this had been sent to all. It had not.Sumner
Well that figures, IFAW, Big Cat Rescue and Animal Planet getting involved with this convicted felony. Nope, not surprised in the least.
Meanwhile, Nicole continued to get the WAO name out to the public. Time for some positive activity for a change! Plus she is involving the staff -- excellent!
A stunning revelation! Sumner admits the entire board screwed up and allowed the WAO to sink into a mass of debt. It's about time he admits what we all knew as the truth all along.
Meanwhile, Nicole continued to get the WAO name out to the public. Time for some positive activity for a change! Plus she is involving the staff -- excellent!
From: waonicole@..
To: waojenna@...
Subject: RE: Asian Festival/Tiger Presentation
Date: Wed, 4 Nov 2009 12:21:23 -0600I would be happy to have you there.
Nicole Garcia
From: waojenna@...
To: waonicole@...
Subject: RE: Asian Festival/Tiger Presentation
Date: Wed, 4 Nov 2009 12:12:20 -0600I would love to be able to attend and help out. This is a subject I am passionate about and would love others to be aware of the exotic pet trade (I am also born in the year of the tiger ;-)). Just let me know if there is anything I can put together (info packets, etc.). I normally hate talking in front of people, but when it comes to something like this, I am on fire!
-Jenna
From: waonicole@...
To: waoterry@...; waomyrna@...; waomary@...; waomichelle@...; waoheathernoe@..; waojenna@...; kelseydyer@...; waokimberly@...
Subject: FW: Asian Festival/Tiger Presentation
Date: Tue, 3 Nov 2009 20:31:15 -0600
To everyone:
I would like everyone's thoughts on this. We have quite a few events that we will be attending in 2010. We are also featured at the 2010 San Antonio Pet Expo. Anyone have ideas? I will personally be at all events.
Thank you and I hope you all are excited. The Asian Festival had 20,000 attendees last year.Nicole Garcia
Subject: Asian Festival/Tiger Presentation
Date: Tue, 3 Nov 2009 11:06:16 -0600
From: antonio.rivera@...
To: waonicole@...
CC: JoAnn.Andera@utsa.eduGood Morning! Nicole this is a follow up email regarding our conversation over the phone yesterday. As I stated before the Institute of Texan Cultures hosts several special events each year that focus around the different ethnic groups that help form Texas. On February 20, 2010 We will be hosting the 23rd Annual Asian Festival celebrating the “Year of the Tiger”. We would like to invite the wildlife orphanage to take part in our ne day festival by offering one of your Experts to come speak on the Tiger. Its history, their status as endangered species etc etc. We would like to have (2) 30 minute sessions. Any material you may have to hand out would also add to the lecture. We cannot allow you to take money donations from our patrons directly but we can offer you a information table on our grounds that your personnel can pass out literature about your organization and promote the times of your lectures. I appreciate your interest in helping us promote Tigers and we too look forward to helping you promote your organization. I have copied JoAnn Andera the Director of the Festival with this email. If you have any question regarding our event please feel free to ask.Have a Great Day!Antonio Rivera, CMP, CSEPProgram Coordinator: Texas Folklife Festival/ Asian FestivalThe Institute of Texan CulturesUTSA HemisFair Park Campus801 East Durango Blvd.San Antonio, TX 78205-3209(210) 458-2227 Te. (210) 458-2113 Faxwww.texasfolklifefestival.org38th Annual Texas Folklife Festival: Celebrate Everything Texas!June 11-13, 201023rd Annual Asian FestivalFebruary 20, 2010
A stunning revelation! Sumner admits the entire board screwed up and allowed the WAO to sink into a mass of debt. It's about time he admits what we all knew as the truth all along.
In a message dated 11/4/2009 10:22:33 AM Eastern Standard Time, michelleanthonycryer@... writes:i was just wondering if the past treasure Laura Mirales - then Andrew Behaine - would have been responsible for any of the over site of lost funds . MichelleFrom: SMatthes@...
Date: Wed, 4 Nov 2009 11:19:27 -0500
Subject: Re: treasure duties
To: michelleanthonycryer@...; karenmaxfield@...; W.westcpa@...
CC: waonicole@...Michelle: I don't want to try to place blame on any board member past or present. If each of us will sit down and take a good look at our By-laws we would all come to the conclusion that each of us, except Will, were negligent in our responsibilities. I contribute that, partly, to the faith and trust we put in Carol. In reviewing past Minutes it should be noted that many items that were discussed and then tabled were never brought up again. Also, the lack of overall concern of the board members as to how the WAO was being operated, certainly was a factor.At this point we have to just bring out all the true facts and let the proper authorities determine the final outcome.I know that I have learned a lesson. I hope that everyone else involved has too.Sumner
Yet sadly, these criminal acts perpetrated against the animals will undoubtedly go unpunished—after all, animals don't count, right OAG? What an expensive lesson Sumner, Karen, and Michelle learned over the last several years. Because of the their prolonged “education” too many animals died needlessly. This case has cost me personally as well. I spent thousands of dollars proving my allegations, not to mention the high cost to my health and personal life, and yet all Sumner can say is "oops, we made a boo boo." That's not justice. That's life.
November 5, 2009
From: n garcia <waonicole@...
Subject: Trips - final comment
To: "Michelle Cryer" <michelleanthonycryer@...>, "Karen Maxfield" <karenmaxfield@...>, "William West" <w.westcpa@...>, "Sumner Matthes" <smatthes@...>
Date: Thursday, November 5, 2009, 7:12 AMI will state this again. I never said we were not doing anymore rescues and I was never contacted or asked if we would do anymore rescues.
I simply stated that because of the fines we received from Jamie Cryer's trips, we would not do trips without following the rules that have been laid out for us by WAO attorneys and TXDOT.
Jamie, I am just curious are you going to help WAO with the fines received? I was also told by you that you had a CDL? I don't believe you do.
Jamie, there is no reason why we need to communicate any longer (you and I) because I feel we don't have time for this and you have already made your choices.
November 7, 2009Thank you,
Nicole GarciaDate: Thu, 5 Nov 2009 06:04:25 -0800
From: michelleanthonycryer@..om
Subject: Re: Trips - final comment
To: karenmaxfield@...; w.westcpa@...; smatthes@..; waonicole@...
From: shawn.peters@...
Date: Sat, 7 Nov 2009 10:53:52 -0600
Subject: Emails about postings
To: waonicole@...
Nicole,
I saw your email from a couple days ago that you sent to my other email. I would be happy to double-check on why you are receiving emails but not actually needing to approve anything. Would you please forward me a copy of one or two of the emails you received? I am not sure what to look for without knowing what the emails contained.
Thank you and I apologize for not seeing it sooner. I don't check my shawnrpeters22@... email often. If you need me, then send me an email at shawn.peters@...
Shawn Peters
830.743.9109
shawnpetersonline.comOn Sat, Nov 7, 2009 at 1:27 PM, n garcia <waonicole@hotmail.com> wrote:No worries - i figured it out thank you anyways and I will give jenna a check on tuesday.
Nicole Garcia
From: shawn.peters@...Date: Sat, 7 Nov 2009 14:42:23 -0600
Subject: Re: Emails about postings
To: waonicole@...
Ok then. I'm glad you were able to figure it out. Most times its missing that one little thing. Personally, those are the ones that frustrate me more than the complicated problems. Oh, and good idea on sending the check with Jenna. I should've thought of that. By the way, I have my website up and running now! There's not much to put up since I don't need a blog, but feel free to let me know what you think.
If you need anything, just shoot me an email and I will get back to you asap.
Shawn Peters
830.743.9109
shawnpetersonline.com
On Sat, Nov 7, 2009 at 3:53 PM, n garcia <waonicole@hotmail.com> wrote:I love your website. I think it will attract those looking to save. I wish you the best on this and let me know if you have business cards yet so I can put them in the gift shop.
Nicole Garcia
From: shawn.peters@...
Date: Fri, 13 Nov 2009 08:13:26 -0600
Subject: Re: Emails about postings
To: waonicole@...
Nicole,Thank you for the offer to place business cards in the gift shop, but I do not currently have business cards for shawnpetersonline.com. I am not sure if I will for now because of the initial cost. My plan is to work on word-of-mouth and take opportunities as they arise. I already have a full time job, so I have to watch how many clients I have at any given time.By the way, Jenna said you were really busy Tuesday, and so she didn't get the check. Would you please let me know if you are you still planning on giving it to her, or look for it in the mail?Thanks, and keep up the good work!From: waonicole@...
Shawn Peters
830.743.9109
shawnpetersonline.com
To: shawn.peters@shawnpetersonline.com
Subject: RE: Emails about postings
Date: Sat, 14 Nov 2009 10:35:42 -0600
I sent a check with Jenna - Hope you have a great weekend.
Nicole Garcia
November 8, 2009
In a message dated 11/8/2009 7:13:57 PM Eastern Standard Time, waonicole@... writes:From: waonicole@...
To: smatthes@..; karenmaxfield@..; michellecryer@...; w.westcpa@...
Subject: RE: Action Items
Date: Sun, 8 Nov 2009 12:29:16 -0600
Nicole Garcia
[Nicole’s responses to Sumner’s questions are in red]
From: SMatthes@..
Date: Sun, 8 Nov 2009 12:31:05 -0500
Subject: Action Items
To: waonicole@..; W.westcpa@..; michelleanthonycryer@...; karenmaxfield@...To All: It seems that my "To-Do" List is getting pretty long. I've made a copy for all to review and add to as necessary. I feel that is very important to have such a list so that we can address the items that need review and/or solutions ASAP.Please feel free to add to this list and provide any comments that may be necessary.November 9, 2009WAO Items that need to be addressed:1. Financial Reports: The BOD must have up to date and accurate financial reports relating to amounts received and on hand and amounts owed. Also the IRS Form 990 must be completed and must be made available to the BOD. I know Will is working on this.Nicoles response: This is something for Will to handle.2. Talley Road clean up of property, building of fence and providing of the needs stated by Mary and Michelle as to what is required to operate properly.Nicoles response: We have already started on these things:Yesterday, the front field was mowed completely. Charlie and Chad started and should almost be done tearing down a building (at the request of Mary and Michelle) so that we could reuse materials for winterizing rather than purchase. We have already received the plywood that we are using for winterizing. We have made a list of priorities and Mary, Michelle, Myself and Chad and Charlie and Robert and Mike Dereadt sat down yesterday and discussed the winterizing. We are in the process of working toward all of it.3. Talley Road fencing.We have a group of 150 people coming in to volunteer on the 14th. Some will be working on the fence, some will be painting the chimp houses and some will be helping with the cleanup of the field. I am also in the process of speaking to fencing companies to help us at donated labor.4. Lawsuit: BOD must be kept current as to the status of the lawsuit. Also, we need to keep being advised by the law firm as to how much money we owe them.Lawsuit. They attorneys are filing a response on the lawsuit and I am still gathering info on the coutersuit. This will be along process but since I am doing all of the work, the lawyers are just going to sit back and wait. Eric Turton response is going to be a no charge. We will send in small payments at a time on the amount currently due. We are at 7500.00 right now. Again, we are not going to be accruing anymore large expenses on this because I am doing ALL of the work for the time being.a. We need a copy of the deed that provides WAO ownership of the Leslie Road property if such a document exists.We will not have a copy of the Deeds because it was not properly done from what I understand. I gave michelle cryer copies of everything that we had, with the understanding that after the board meeting last held with the attorney's at WAO and board, she was going to provide you all with this. If this has not happened then I will handle it. Let me know.b. We must prepare and then review Detail Listings for as many years as possible to determine the extent of improper transactions relating to expenditure of WAO funds.I have already sent what is ready and I am trying to get this done in a timely manner. However, I was told by our attorneys not to rush to much because we will not need all of this until we coutersue. This is all going to take alot of time and we all have to understand that it is time consuming on my part and have other responsibilities that are important as well. If we want to save money this is how we have to do it.5. Vehicles: A review of vehicles that should be sold must be accomplished. Such vehicles that are not required must be disposed of to prevent any further costs relating to such vehicles. In conjunction with this the BOD needs to make a determination as to what the policy is going to be as regards future transportation of animals.We have placed all vehicles and equiptment on craigslist that we can sell that we do not have need for. We are not selling anything for any set amount without talking to Will West first since he is the most convenient person to reach daily. We have values of vehicles however, you cannot truly value these vehicles due to some of them having major wear and tear on interior and mechanical issues. We will not be selling anything that we are still paying on at the moment. We would not be able to cover the full amount of the loans.I feel that I as well as our attorneys should discuss the policies on future transportation of animals since we have already discussed this. I feel that right now, we should only do emergency transport of our own animals and discuss transportation down the road. I have some ideas I would like to propose but right now I think we have more important things to focus on.6. Animal Food. We must have adequate and proper animal food on hand at all times.We have already handled the diets and we have not had a problem as of yet. We have our exotic diet that we feed, every other day we are feeding chicken with vitamin supplement. The primates are getting monkey chow and fruits/veggies and the bears get fruits and veggies along with dog food and bread.I have checked with USDA, veterinarians and labs as well as our staff and this is not just adequate but over the basics.7. BOD Members: We must get 1 and hopefully 2 new BOD Members.8. Tally Road Bear Enclosure. We need to determine what is needed to properly house and provide sufficient room for the Talley Road bears.I feel that the septic system is in the way of this, not to mention the 25,000.00 payment that we just sent to IRS. We will have to fund raise for this which I have already started discussing. We also have to remember that we just allowed 5,000.00 to be spent on a monkey enclosure that I was told would complete it according to Jamie and this was not correct. We will be doing this in house now. We have to keep in mind that none of this is going to happen overnight and the bears were my most touching area. We will get all of this done but right now we are on a priority schedule. I will not let these concerns go beyond the end of the year without some start to completion. IFAW is visiting in Dec. and they already know what our needs are, I hope they will help but if they dont we will have a backup plan.9. Animal Inventory: Work must be accomplished to update and keep current in the future all animal health records and all other records required by USDA and any state or local agencies regarding the animals in our care.We have current animal inventory at Leslie Rd with no question. Talley rd is a much longer process but I feel Mary and Michelle will get the exact totals to me soon. I will talk to them about this on Monday when we are done with interviewing.10. Preparation of Job Descriptions for all employees must be completed and distributed to all employees as appropriate.I have the job descriptions and will email them by Tuesday for your review. I did not want to hand them out until certain changes take place which should be complete by Wednesday.a. The Organizational Chart must be finalized and approved by the BOD.11. Bylaws need to be reviewed and updated as necessary.12. Discussion should be conducted by BOD and employees as to need for employee uniforms.I have made the decision on the employee uniforms and they are being fitted on Monday. Why would the board be involved in this? I am just curious. I have also made it clear to employees that we will require uniform for professional appearance.13. Meetings: BOD should meet at least monthly. The CEO should schedule meeting for all employees at least once a week to insure everyone is aware of the current status of the WAO and to provide a forum for the employees to discuss problems, solutions and new ideas.I have created a policy for meetings and will hand this out at our Friday meeting for Leslie rd. So far we have for the most part had a meeting once a week since this was mentioned. I will have to meet with Talley rd seperately because I feel it is unfair to drag them to leslie regularly and the girls are interviewing people with me on monday so this week I will come to them at talley.14. Board Meeting Minutes for all meetings held in September, October and November need to be formally prepared and provided to each board member.SumnerAnimal Sanctuary of the United States/ Wild Animal OrphanageTel: 941-924-2505Email: smatthes@...
I was kind of left out of the loop with full involvements on the primate enclosure at Talley Rd. I was under the impression that the enclosure was going to be ready for the monkeys after we paid the 5000.00 to Macias Welding for their labor.
When the board was asked for approval on this expense, what was stated so I know whether the job that was performed is what we paid for or if there were any agreements outside of the contract that I have. (I did sign the contract but it was a general contract for payment and Jamie was the contact for this).
I was told that once the roof was finished with this payment. We would be able to move the monkeys to Talley.
I am asking so I know how to address the situation I am left with. The enclosure has a roof on it, but the cage is not done. Were there other plans for this enclosure already scheduled so I don't go into this not knowing what the plan was, please fill me in.
Nicole Garcia
From: SMatthes@...Date: Mon, 9 Nov 2009 01:04:03 -0500
Subject: Re: Primate enclosure
To: waonicole@...; j65ac@...[Jamie]; karenmaxfield@...; michelleanthonycryer@...; w.westcpa@..
To All: I'm afraid that I am also pretty much in the dark on this. I must assume that Carol initiated the contract. I do not recall that this item was ever voted on by the BOD. Again, as I recall, Carol indicated that IFAW or someone was providing funds for this project. In reviewing BOD Minutes from April 29, 2007, I note that Carol indicated that the San Diego Lab, that the WAO had received 31 long-tailed Macaques from, had agreed to provide $200,000 of grouping enclosures and also gave WAO $50,000 for taking the 31 monkeys. I don't know the disposition of this gift nor do I know if the grouping enclosures were ever received. I assume that these are the enclosures that are currently unfinished and/or need further welding, etc., that need to be completed ASAP.Do we currently know how much it will cost to finish the enclosures that are needed so that the monkeys can be transferred from Leslie?To me, this is the type of a major item that needs to be addressed immediately.Wish I could be of more help.Sumner
From: waonicole@hotmail.com
To: smatthes@...; karenmaxfield@...; w.westcpa@...
Subject: RE: Primate enclosure
Date: Mon, 9 Nov 2009 06:59:28 -0600
Sumner,
This project was started by Mike Escamilla, he was our welder. This was started prior to Carol Asvestas leaving but they never finished it. When Jamie and I started to get things in order. Jamie Cryer sent an email to Karen Maxfield and I am not sure if anyone else got it. It was an email of request for approval on the completion of the monkey enclosure for 5,000.00.
I will forward this to you as soon as I can.
Nicole Garcia
Well that figures, the board never followed up on the San Diego primates (Bayer Corporation) because...what? They didn't care about how the animals were living? I mean, hello people? It has been over two years since they arrived in San Antonio! Didn't anyone on this puppet board ask any questions regarding animal care? Or was the main focus on Ron and Carol's pay?
November 9, 2009
From: waonicole@hotmail.com
To: bbenson@pulmanlaw.com; csuroiu@ ; epullen@
Subject: ITEMS
Date: Mon, 9 Nov 2009 21:34:12 -0600
The video camera was purchased in August of this year. Check # Camera type:
(This video camera was purchased the day of the press conference for Vivi so that they could record what was being stated to the media - They also used this camera to record the items that our movers were recovering from their residence on the date after they were terminated)
The fiberglass animals : 1 Large Zebra - 1 Large Lion - 1 Large Giraffe - 1 Large Elephant
(These were donated to WAO from a hotel that closed between 96 - 00) The Asvestas claim that they bought them from WAO - but there is nothing on file reflecting this. They are currently in their front yard.
Furniture - You have copies of all of the receipts that show WAO paid for the items or reimbursed Carol Asvestas for them.
(List)
A/C units - 2 of them that were purchased with WAO mony from Lowe's - Mike Escamilla was sent to purchase these units. They are in their home for personal use.
Blinds - these blinds are in Aaron Asvestas room and were purchased on WAO credit card in 2008.
Motorola Radios - Ron Asvestas took these to the residence in August of 2009 for their use to communicate with staff, they were never returned.
Purchased on WAO credit card in 2009.
Chargers are also in their possession.
Laptop Computer - Dell that was given to Melissa Asvestas in 2005 has not yet been returned.
The Sprint data card was still being used through our account after 10/2/2009 - This needs to be returned undamaged.
I would also like to use the fact that Ron Asvestas took 2 phone numbers from the sprint account and put them on a personal account of his after they were no longer with WAO. I have filed a police report on this and it took me 3 days to get these numbers back. I believe that during this time, Carol Asvestas contacted some of our donors who will not even return my phone calls at this point.
This was theft of services for Melissa Asvestas' line of 210-979-1626 and Carol Asvestas' line 210-255-0550.
Thank you
Nicole Garcia
November 9, 2009
From: waoterry@...
To: waonicole@...
Subject: New Beginning
Date: Mon, 9 Nov 2009 09:47:30 -0600
Nicole,
I've wanted to talk with you since the meeting in Will's office, but you were busy right afterwards and then I had issues with my blood pressure on Friday that I needed to get under control.
I want you to know that I have been doing a lot of thinking especially about points that Will had made when I came back in to speak with him and I believe that I can understand things more clearly now. I was very confused that day and with my blood pressure spiking high like it was it made me feel like I was having some sort of anxiety attack right in the middle of the meeting. Now I am back on both of my high blood pressure medications and things have settled and I have had time to try to put myself in your place somewhat and try to see things from your perspective.
I'm afraid I may have been making you feel that I was in some way working against and/or challenging your authority on some issues and if that's the case I am very sorry. That has not been my intention. Goodness knows you have enough working against you from outside sources and you don't need nor deserve to have to worry about those kinds of things from employees or friends. I can see Will's point and I agree that what you need and deserve from all of us at this time is our unwavering trust and support and you can count on me to do my part in seeing that you get that...both from me personally and also through my interactions with the other employees.
I know I have been guilty of dwelling on the past, but that will stop immediately. That attitude is not helpful and can even be destructive and as Will said...we need to get over it and believe me I intend to do just that. Please forgive me for that as well. I know you are not your parents. None of us are perfect, but the important thing is to strive for perfection and to always move forward towards that goal and I can see you everyday striving and moving and I'm proud to be part of your "New Beginning" team.
We have all been through hell these past months, but we have managed to come out the other side stronger, smarter and more dedicated than ever to the animals and the WAO. I give you the bulk of credit for that...we could have never accomplished this without you and for that I will always be grateful. You have made so much positive change in such a short period of time that I can hardly wait until a year has passed and we can look back and say "Look how far we have come from last October. Look how far the new beginning has brought us." As I told Will I truly feel we can become one of the premier exotic animal sanctuaries in the US. I believe that all of our enthusiasm will be so infectious that people will clamor to join in and help. I believe we can see that happening already.
I'm sorry this got so wordy but I wanted so much to get through to you my feelings and the fact that I want you to know you have my full support from this day forward regardless of what has happened in the past.
Sincerely,
Terry
From: waonicole@hotmail.com
To: bbenson@pulmanlaw.com; csuroiu@ ; epullen@
Subject: ITEMS
Date: Mon, 9 Nov 2009 21:34:12 -0600
The video camera was purchased in August of this year. Check # Camera type:
(This video camera was purchased the day of the press conference for Vivi so that they could record what was being stated to the media - They also used this camera to record the items that our movers were recovering from their residence on the date after they were terminated)
The fiberglass animals : 1 Large Zebra - 1 Large Lion - 1 Large Giraffe - 1 Large Elephant
(These were donated to WAO from a hotel that closed between 96 - 00) The Asvestas claim that they bought them from WAO - but there is nothing on file reflecting this. They are currently in their front yard.
Furniture - You have copies of all of the receipts that show WAO paid for the items or reimbursed Carol Asvestas for them.
(List)
A/C units - 2 of them that were purchased with WAO mony from Lowe's - Mike Escamilla was sent to purchase these units. They are in their home for personal use.
Blinds - these blinds are in Aaron Asvestas room and were purchased on WAO credit card in 2008.
Motorola Radios - Ron Asvestas took these to the residence in August of 2009 for their use to communicate with staff, they were never returned.
Purchased on WAO credit card in 2009.
Chargers are also in their possession.
Laptop Computer - Dell that was given to Melissa Asvestas in 2005 has not yet been returned.
The Sprint data card was still being used through our account after 10/2/2009 - This needs to be returned undamaged.
I would also like to use the fact that Ron Asvestas took 2 phone numbers from the sprint account and put them on a personal account of his after they were no longer with WAO. I have filed a police report on this and it took me 3 days to get these numbers back. I believe that during this time, Carol Asvestas contacted some of our donors who will not even return my phone calls at this point.
This was theft of services for Melissa Asvestas' line of 210-979-1626 and Carol Asvestas' line 210-255-0550.
Thank you
Nicole Garcia
In a message dated 12/11/2009 5:20:55 PM Eastern Standard Time, SMatthes writes:
To All: I note that this is an item that Will has a problem with the auditor.
Do we, at this time, have any supportable data regarding how much money is actually owed to the WAO by Carol & Ron?
Next, do we have any supportable data on how much money the WAO owes to Carol & Ron?
I have had a very unsuccessful experience with your Texas Work Force Commission over the past couple of days regarding Carol's application for unemployment.
I have spoken to a Ms Sylvia Martinez at 1-800-819-9146 and her supervisor Ms. Jen Garza at 817-420-1600.
My attempts to contact Ms Martinez have been very frustrating since having an initial call from her. I have been getting her voice mail. She is not returning my calls. At her request I sent her a FAX yesterday which included a copy of the BOD Minutes where Carol & Ron walked out of the meeting. I also noted to her that they were subsequently terminated for going into the WAO office and removing equipment and records.
I expected a call from her today since she said that she had to make a decision on the unemployment application today by 2:15 PM.
I advised her that I certainly would like to discuss this with her as I am of the belief that no unemployment compensation should be allowed.
At 11:45 AM this morning I contacted Ms. Martinez's supervisor a Ms. Garza and explained the situation to her. She was very receptive and said that she would have Ms Martinez get back to me by phone or email.
I still have heard nothing.
This might be something that we should tell our attorney, but I feel that it's important to know the financial answers regarding how much we owe or are due from the Asvestas' before we go any further.
As I understand it, the reason and circumstances relating to their final termination have a direct bearing on approval or disapproval of her claim. If the claim is approved it would seem appropriate that a stipulation should be included regarding payback of any money they may owe the WAO.
From: SMatthes@
Sumner
Date: Sat, 12 Dec 2009 15:07:37 -0500
Subject: Fwd: Money
To: waonicole@hotmail.com
Nicole: I'm having a terrible time getting a FAX thru to Texas Work Force Commission.
I did get a call from Ms Martinez this morning. She said she had not received the FAX I sent to her on Dec 10, 2009. I then told her I would send it again but I can't seem to hook up with their FAX.
Could you please FAX the following statement that I sent to her in my first FAX and also FAX a copy of the Sept 28, 09 Minutes?
Her FAX Number is 1-512-322-2855 . Attn: Sylvia Martinez
My statement to her is as follows: " Herewith are copies of the ASUS/WAO Board Meeting Minutes for Sept 28, 2009, in which it is recorded that Carol Asvestas made the following statement that: "she didn't appreciate being accused of stealing, and someone else could take over." At that point Carol and Ron Asvestas left the meeting.
As a result of their leaving the meeting they were both placed on 90 day unpaid administrative leave by the Board of Directors.
At the close of this meeting it was determined that Ron and Carol went directly to the ASUS/WAO office and began removing record, computers and other items from the office. The police were called and a formal report was made. The following day our then attorney, with a warrant and witness went to the Asvestas' home and was able to retrieve most of the items that had been taken.
This illegal action on the part of Ron and Carol Asvestas prompted the BOD to terminate the employment of both Carol and Ron Asvestas effective Oct 1, 2009.
Sumner D. Matthes
Vice President
ASUS/WAO
From: SMatthes@aol.com
Date: Mon, 14 Dec 2009 13:04:31 -0500
Subject: Fwd: Money
To: waonicole@hotmail.com
Date: Mon, 14 Dec 2009 13:04:31 -0500
Subject: Fwd: Money
To: waonicole@hotmail.com
Nicole: Did this get done? Do we have any acknowledgment of receipt? Sumner
From: waonicole@hotmail.com
To: smatthes@aol.com
Subject: RE: Money
Date: Mon, 14 Dec 2009 13:29:15 -0600
yes and yes
Nicole Garcia
To: smatthes@aol.com
Subject: RE: Money
Date: Mon, 14 Dec 2009 13:29:15 -0600
yes and yes
Nicole Garcia
November 12, 2009
Folks, welcome to Michelle Cryer’s romper-room world…
From: SMatthes@...
Date: Thu, 12 Nov 2009 15:45:58 -0500
Subject: Fwd: I am sick of this.
To: michelleanthonycryer@...
CC: waonicole@...; karenmaxfield@...; W.westcpa@...
Michelle: I asked Nicole to send this to me. I think Nicole's title for this email is very appropriate. I'm sick of it too. When I spoke to you last week I felt good about our conversation and expected that we understood each other and that we were going to all work together, as a team, for the care and welfare of the animals.I was wrong. Why and what is the reason for this never ending conflict and what has to be done to resolve the problem?I'm sorry that you and Nicole apparently are unable to work together. As a board member you should understand that the WAO is not a personal thing between you and Nicole but a multimillion dollar business. It was determined that as a business it was being directed and operated in a very unsatisfactory manner. It was further determined that in the opinion of the BOD the business was on the brink of a total loss of control. Board action was and is being taken to correct these major problems as quickly as possible.We as members of the BOD are working very hard, I thought as a team, to get control of the business again and, although I certainly have concern for the cats, we simply cannot be taking our limited time to immediately deal with this type of minor issue.Nicole has far more important issues to deal with and I, for one, believe she is doing a great job. She does not need you or me or anyone else disrupting her efforts with small items. They can be addressed later after the major items of concern get straightened out.If you still feel warranted in including this S/N matter as a major item of concern to you then I would respectively request and suggest that you take care of it yourself now and in the future and no longer involve the WAO staff in making appointments, transporting etc.As you know are currently in the process of attempting to obtain additional members for the BOD.This certainly does not seem to be the time to suggest to you that you seriously consider resigning from the BOD because of this very obvious conflict. However, as a concerned board member, I will make that recommendation if I ever hear anymore issues on this personal inability for you to work together with us as a team.I would like to believe that no such action on my part will ever be necessary.SumnerWe had this problem on S/N of cats a few weeks ago and I thought it had all been resolved. Obviously it had not.To: smatthes@...
--Forwarded Message Attachment--
From: waonicole@...
Subject: I am sick of this.
Date: Thu, 12 Nov 2009 12:53:15 -0600
Text Messages:
11/12/2009 : 10:15am From Michelle Cryer to Nicole Garcia:
I just received a call that thise demestics have missed their last 4 apts. They were not happy with me - what happened - I really dont understand I put my name out there for you guys to make this happen and I didnt.
11/12/2009 : 12:10pm From Nicole Garcia to Michelle Cryer:
You didnt tell me anything how was I supposed to know Michelle
11/12/2009 : 12:14pm From Nicole Garcia to Michelle Cryer:
FYI....nobody here had any idea that you or jamie scheduled anything more thats why this is happening. I am really busy today so talk to you later
11/12/2009 : 12:16pm From Michelle Cryer to Nicole Garcia:
Yes I did - I had them scheduled and left all the paper work there I remember very clearly discussing this with u and the board - I put myself on the line once again and u didnt see it threw. No room for argument!!!! I am very dissapointed!!! This changes future help !!!
11/12/2009 : 12:19pm : From Nicole Garcia to Michelle Cryer :
Michelle, I don't have time for this today. It happened. Leave me alone and let me focus. No you didn't and I am not arguing with you period.
11/12/2009 : 12:20pm: From Michelle Cryer to Nicole Garcia
Whatever nicole im done with you
11/12/2009: 12:21pm : From Nicole Garcia to Michelle Cryer:
Thank you and when Jamie left the papers left to and Jamie wouldnt return my calls. So this is what it is
11/12/2009 12:23pm : From Michelle Cryer to Nicole Garcia
No he didnt - papers were never taken
11/12/2009 12:24pm : From Nicole Garcia to Michelle Cryer
Im done michelle I have work to do
11/12/2009 : 12:25 From Michelle Cryer to Nicole Garcia
Who doesnt - but I get all of my stuff taken care of
11/12/2009 : 12:25pm From Nicole Garcia to Michelle Cryer
don't message me anymore if this is what your purpose is.
Nicole Garcia
What is mind-blowing is that Michelle Cryer has known about these cats for as long as they have been there and now suddenly she wants to get them spay/neutered (s/n)? What took you so long, Michelle, and why are you creating waves now when the Orphanage needs to focus on raising badly needed donations? For goodness sakes woman, where are your priorities?!
You know, one would think it not appropriate to continually harp on this same subject over and over again, but gosh darn it, there goes Michelle Cryer once again...
Date: Thu, 12 Nov 2009 14:14:37 -0800
From: michelleanthonycryer@...
Subject: Re: Fwd: I am sick of this.
To: SMatthes@..
CC: waonicole@...; karenmaxfield@...; W.westcpa@...
Nicole did say she was going to taken care of this- as your may remember Jamie was going to be taking them and she said "she had it under control". We stepped back and let her do it - if the animals could not make the apts i would liked to have been able to cancel and sincerely apologize for the cancellation instead of being a no show - i am not trying to have conflict with Nicole - just a courtesy call would have helped - and i would have found some way to make it happen all i needed was some notice.When i was called about this i was put on the spot and had no idea that these animals hadn't been going - this should be a team effort i agree- i feel that i am only trying to offer donation serves as well. I still feel good about our conversation and feel we are going in the right direction - Sumner i did not call you about any of this i followed the chain of command and asked Nicole about it first - I didn't want to add to the drama. i just feel very sorry
for those domestics in cages when they should be able to stretch their legs and run around a family home. of course the other animals are a big concern but they have to live in sanctuary- these domestics could get out . I agree Nicole is working hard - just as i said a courtesy call and all of this could have been avoided and yes it did disappoint me. i was really happy for the grant being shared with us on this project. i think we are all doing a great job and this is a shame that something so easy can turn into such drama.Thank you Michelle
From: waonicole@hotmail.com
To: michelleanthonycryer@...; smatthes@...
CC: karenmaxfield@...; w.westcpa@...
Subject: RE: I am sick of this.
Date: Thu, 12 Nov 2009 16:42:18 -0600
FYI - Those cats were delivered and picked up even though there was such a fight over me doing so, since there was so much turmoil over a simple delivery of those kitties, I was never kindly handed ANYTHING or communicated with after that day. Nobody ever relayed to us that more were scheduled. The cats in small cages will be moved into a larger area this week coming up. We are already in the process of adopting more out.
TO THE BOARD:
I am not responding on this matter anymore. I was not EVER given contact information on the person handling any of this. THIS WAS NOT given to any of the caretakers, I had the last set of papers with the last appointments schedules and went off of that. Those cats DID make it to their appointment. NEVER did any of us receive anything further on appointments, nor did we receive appointments. Do you think I would have passed them up purposely? If anyone thinks that any of us would have overlooked help that we knew we had, then they are mistaken.
I will not spend anymore time on this matter.
Thank you.
Nicole Garcia
From: waonicole@hotmail.com
To: michelleanthonycryer@...; smatthes@...
CC: karenmaxfield@...; w.westcpa@...
Subject: Plans
Date: Thu, 12 Nov 2009 18:37:28 -0600
One final thought and Karen I dont think you should have to read any of this with all you have to handle right now. But I am going to copy you on everything out of courtesy.
I received a phone call the other day asking me why we had not participated in a pet adoption at Petsmart that I was told Michelle Cryer stated that we would participate in. I had no clue any of this was set up. This was another thing that was NOT relayed to me at all.
I was able to make them happy and we will attend one in the future. To get the cats adopted out quicker we are registering on petfinder.com all I am waiting for is a letter which I was told by michelle she could get me from Dr. Henry to state that he would provide care for the domestic cats in the future. I am receiving a letter from Dr. Ehrlund tomorrow that will allow me to place their pictures online. Further, we are expanding the current cat area outdoors, have added a large heat box for the cats and we are pushing adoptions as much as we can and not taking more in.
I dont know how much more we are expected to do, immediatly. We are also scheduling an adoption day for the new year along with the hope of doing a vaccination drive at WAO as well. Not only will we be helping the animals find homes, we will be helping by allowing a veterinarian to do vaccines at WAO for a low cost to public in return we will get free advertising and bring more of the community in for the NEW BEGINNING. I do know we have 5 cats left to be fixed and I will handle that on my own.
thank you very much and I hope that we can move on and start looking forward.
Just wanted to be sure everyone new that this situation is being taken seriously with domestics just the same as with the exotics, no one is being left out of thought.
Nicole Garcia
Let it go already and focus on making money for the animals!!! Priorities, please!
November 13, 2009
November 13, 2009
In a message dated 11/13/2009 8:54:50 PM Eastern Standard Time, waonicole@...writes:Did the board receive this yet? I was copied on it when it was sent to you all but I don't think I heard any discussion on this? Can I get a response so I can send it to the lawyer?From: SMatthes@...
Nicole Garcia
Date: Fri, 13 Nov 2009 23:24:17 -0500
Subject: Re: FW: DOT settlement
To: waonicole@...
Nicole: I don't believe I ever saw the agreement. As I understand it they cut the agreement fine down to (I think) $5,000 and we are to make monthly payments on it. I would like to see a copy of the agreement before we agree to pay. I do remember you telling me about this and how you knew that it could be a big fine. Did you ever discuss this with Ron and Carol before they were terminated?
From: SMatthes@...
Date: Wed, 2 Dec 2009 15:26:47 -0500
Subject: Fwd: FW: DOT settlement
To: w.westcpa@...; waonicole@...; karenmaxfield@...; michelleanthonycryer@...
Actually I think that Jamie should be the one to pay this since he was the one who actually committed the infraction. We sure could use this money for the animals. I also believe we should add this amount to the overall monies that Ron & Carol owe the WAO.
However, if the rest of the board goes along with it, I guess it has to be paid. I'll go along with it, but reluctantly.
Sumner
From: SMatthes@...
Date: Wed, 2 Dec 2009 15:26:47 -0500
Subject: Fwd: FW: DOT settlement
To: w.westcpa@...; waonicole@...; karenmaxfield@...; michelleanthonycryer@...
NIcole: I understand that you paid this fine with your personal credit card because they wouldn't agree to a bank transfer of funds. How much of this did you pay yesterday? Be sure to get confirmation of their receipt to support reimbursement to you. If you did not pay it in full then we need to set up a payment schedule for balance.
Sumner
From: waonicole@...
To: smatthes@...; w.westcpa@...; karenmaxfield@...; michelleanthonycryer@...Subject: RE: DOT settlement
Date: Wed, 2 Dec 2009 14:34:50 -0600
I paid it personally - Will viewed the receipt 710.00 and there is one on file.
Thank you -
Nicole Garcia
Sumner claimed he and Carol Asvestas were in constant contact regarding WAO issues. So this begged the question, how come Sumner did not have a copy of the DOT agreement that was entered on behalf of Jaime Cryer? Sumner was absolutely correct, as the hired "contractor," he should have been totally responsible for the fine. Obviously, Michelle Cryer would have objected to the accepting the fine levied by the DOT against her husband, which illustrates there was a major conflict of interest with her serving on the WAO board of directors and her husband "contracting" his services to the WAO. For if this was any other contracted professional animal transporter company, would the Board of Directors insisted that the company pay for the fine or would the animals have to suck up the expensive mistake made by another?
Which leads me to wonder...was Jaime a WAO employee skirting the IRS employee contribution requirements, or was he a contractor? The DOT makes Jamie Cryer out as a WAO employee, but he describes himself as a contractor to the WAO. So which is it? I guess it will be up to the IRS to make that determination!
I'm sure HSUS will get right on this immediately [wink wink]. Well, now the line in the sand has been drawn and the Cryers will undoubtedly pull out all the stops to get Nicole out of there so Jamie can resume his "illegal" transportation services to HSUS, Big Cat Rescue, IFAW, and the like. It's all about the money, baby. It's all about the money.From: customercare@hssm.org
To: SMatthes@...
CC: karenmaxfield@..; michelleanthonycryer@...; W.westcpa@..; waonicole@..
Subject: RE: ASUS/Wild Animal Orphanage Current Policy on Transporting of Animals
Date: Thu, 5 Nov 2009 14:18:21 -0600Thank you for the below information. I will pass it along to the appropriate people in my organization, so that everyone at HSSM is aware of the below information.Shelli SkiadosCustomer Care Supervisor228-863-4394 X115" Saving just one pet won't change the world . . . but, surely, the world will change for that one pet"From: SMatthes@..Sent: Thursday, November 05, 2009 1:41 PM
To: customercare@HSSM.org
Cc: karenmaxfield@...; michelleanthonycryer@..; W.westcpa@...; waonicole@...
Subject: ASUS/Wild Animal Orphanage Current Policy on Transporting of AnimalsTo: Ms Shelly:Ref. our phone conversation of this morning Nov 5, 2009.This is to advise you that, effective immediately, Jamie Cryer is no longer employed or contracted to perform animal transport for the Animal Sanctuary of the United States ASUS/ dba as the Wild Animal Orphanage.Any such transport performed by Mr. Cryer will have the legal responsibility of Mr. Cryer and your organization. The Wild Animal Orphanage will not be legally liable or involved in any way.Once our reorganization is completed we will contact you regarding any further animal transport that the WAO may be able to provide.We appreciate your understanding of this email and would request that you acknowledge your receipt and understanding by return email.Thank you,Sumner D. MatthesVice PresidentBoard of Directors
November 17, 2009
From: waonicole@hotmail.com
To: waojenna@hotmail.com
Subject:
Date: Tue, 17 Nov 2009 10:06:48 -0600
I want to make sure that everyone checks primates and makes sure we have heat tonight and plenty of bedding.
Produce I will order to be delivered tomorrow.
What do you feel about everyone's schedules?
Nicole Garcia
From: waojenna@hotmail.com
To: waonicole@hotmail.com
Subject: RE:
Date: Tue, 17 Nov 2009 11:49:07 -0600
We will go around and add hay, bedding, towels, blankets, etc. this afternoon. I have attached and excel document concerning our present schedule and what would work best.
-jenna
Hmmm. Wonder how Mary & Michelle like the idea that Jenna will be putting together the staffs' work schedule?
In a message dated 11/17/2009 9:21:51 PM Eastern Standard Time, waonicole@hotmail.com writes:
I was presented with this 990 15 minutes till 5pm Yesterday. No time to review, I was told to rush completely with no opportunity for myself or Will to review; not to mention no time to send to the board which is required.
I was presented with this 990 15 minutes till 5pm Yesterday. No time to review, I was told to rush completely with no opportunity for myself or Will to review; not to mention no time to send to the board which is required.
This 990 is not correct or complete. I am completely ashamed that I had to sign this and I am not happy at all. I know we are firing John but what is going to happen with the fact that this is incomplete and missing items. I feel like I got screwed yesterday and I am extremely upset, this is my signature and the name of WAO. I know we expected crap and so did the AG but this is unacceptable. He simply did not answer any of the basic questions on this. I know that no one else would have touched 2008 given the circumstances but this is not okay.
If anyone remembers correctly I wanted to fire him immediatly after the meeting with the OAG and I was told "out loud" to get this 990 from him and hire someone to take his place after. This is not okay.
Missing:
Part 3: Not even answered and all should have been with complete detail to the questions.
Page 3: Missing schedule A/Missing Schedule B/Question 5 not answered/Missing Schedule D & schedule L
Part 4: #28 b - Answer is questionable: Jamie Cryer - indirect?
Part 5: 2a - is not correct - 25 employees - when?
2b - 6b are completely blank.
7b Blank
7c - what does personal property mean here?
7f - Questionable - Life Insurance.
10a - 12a - Blank
Part 1a and 1b - Is this number correct - I thought it was 6 as listed on the front.
Line 2-7b
We are supposed to describe circumstances in schedule O - there is not attachment O for this.
#4 questionable - what are they asking
#5 - Still no schedule O
#6 Is questionable
#7a and #7b Is questionable
How can you say yes to 7a but no 6 and 7b?
#8a - 11 is blank
#10 - How?
#11 - yes - sumner
#12b - we need to have this.
#12c - this was horrible as an answer
#13 and #14 - I have this now. But we didn't.
#16a and #16b - What is this and where is the explanation. These are all RED flags. and where is the policy?
#17 - Is this supposed to be blank because it is federal?
#18 - this should not be blank.
VIII - Is completely blank - This is unacceptable regardless of the excuses.
#19 is blank.
Page 7 and 8 and 9 are blank.
The salary line: He compiled everyone's salaries in line together in line 5.
I cannot even continue - John Savickas came into our office at 4:45pm and told me it was immediate that I sign this to make it by the deadline by IRS. What was I supposed to do?
Nicole Garcia
From: SMatthes@a
Date: Wed, 18 Nov 2009 00:31:00 -0500
Subject: Re: SO THERE ARE NO SUPRISES
To: waonicole@hotmail.com; karenmaxfield@ ; michelleanthonycryer@; W.westcpa@
To All: I will do my review of this 990 in the morning. Just looking over it quickly, I can't believe that any accountant could present this to us and the IRS in the totally unsatisfactory falsification and erroneous condition that he indicates to be a complete and proper report. I guess this is why we have not been able to get a 990, which was due in May, until today. (What was the exact deadline date that this had to be postmarked??) It looks like we'll just have another federal agency to answer to as soon as the IRS has a chance to look at and probably audit this 990. We certainly don't need any more financial penalties but it looks like we may have some from the IRS.
Will: I don't see any sense in having anything further to do with John Savickas. Any audit report that he provides will certainly be suspect. Can you obtain another auditor to perform the 2009 Audit? Also, it would seem that this is a total mess and somehow has to be corrected. Can we get all the financial records that Savickas has on the WAO? Especially those that were used to prepare this 990. I believe Nicole said that he was to bring them to us on Thursday. We should insure that we get them ASAP.
Also, do we have any more action on getting someone to come in and help you as I can see that we really have a serious IRS financial reporting problem on our hands?
I don't know what else to add to this right now but will get back with all tomorrow.
Nicole: I know this has upset you but we'll get through it just like everything else. You must concentrate on making everyone understand that you did not create these problems and that you are solving them as quickly as possible with the assistance of your BOD members.
Karen: Trust that you are OK under the circumstances. I say a prayer for you and your husband each day. Try to stay strong in this very difficult time.
Michelle: Any help that you can provide to WAO during this most difficult time will be most appreciated. I still very much would like to get a copy of the deed for the Leslie Road property. Also, there are BOD Minutes for September 21 that need to be completed. Perhaps you can help on that?
Everybody hand in there.
From: waonicole@...
To: smatthes@...; karenmaxfield@...; michelleanthonycryer@..; w.westcpa@...
Subject: Thoughts please? Events and happenings
Date: Thu, 19 Nov 2009 20:51:07 -0600
EVENTS AND HAPPENINGS:
November 28, 2009 - Public is invited in to donate treats to WAO animals at 12:00 noon. The animals will be locked out and the care staff will toss treats into their enclosures (as normal - place them in the center) and when they are done they will allow the animals back into their enclosures to play with the toys and treats.
This will basically be a normal tour day with some extra treats for a few of the animals - Yes we will be sending plenty out to Talley as well.
November 28,2009 - We will have our volunteer group (30 people) back at Talley and we will paint the other chimp building/ continue clearing the field for TCEQ / continue the fence work.
December 13, 2009 - KONO (Oldies radio station) - will be aired on this date. They are doing a half hour interview with me regarding the new beginning and what we need from the public. I will be called the week before to record.
(Kristina Brunner made this happen)
December 17, 2009 - KSAT 12 - is coming out to do a story - They would like to follow Kristina Brunner around for a visit on a tour to reinforce that there is definatly a positive change and that the WAO is doing a wonderful job. I don't know how everyone feels about Kristina Brunner but I will say the following: This woman has worked magic behind the scenes and has made plenty good things happen without asking for credit. Also, people have been following her for a long time and now that things have changed, her word means alot. There is nothing negative that can come out of this but they contacted her and asked if this was okay with her and then they contacted me and asked how I felt about it. I feel that this is going to be another long stretch of the news that we need to have and if KSAT is going to dedicate this much time to WAO story wise, we should take it.
I feel that this will close the story on a positive note and set many peoples mind at ease with the positive comments that K. Brunner has been spreading so far. Just so everyone knows: She has NO intentions to be a part of WAO ever again. She does want to help from behind the scenes and I am happy with that.
December 29, 2009 - Same as November 28, 2009 - This is the christmas event. KSAT 12 will be visiting for a positive story and merry christmas to the wild animal orphanage during the event as long as no REAL CRAZY events take place that hour. We are scheduled already.
January 1, 2010 - We are going to have some sort of essay/poetry contest that will allow educational writing on animals. Still in the thought process but it wont require much and it should be simple and fall into the educational category. It is for the children and we will have a company sponsor the gift.
Nicole Garcia
Date: Thu, 19 Nov 2009 19:54:28 -0800
From: michelleanthonycryer@...
Subject: Re: Thoughts please? Events and happenings
To: smatthes@...; karenmaxfield@...; w.westcpa@...; waonicole@...to all -thank you Nicole you put a lot of thought into scheduling - i know that Karen and i have said many times to Nicole and the board members we do not want Kristina brunner out at wao - thank her for the help but that is given at her free will -we do not need to return the effort - on the subject i do understand that she wants to help but - she caused trouble for everyone outside of wao too - sent all kinds of agencies to Dr Henry's office he is a good Christan man an runs an honest practice and DEA -USDA - dept of Ag - and many others came in very upset-he keeps his books perfect but Kristina brunner was very rude lots of accusations were said to him and Dr Lambert this caused all of our practice much headache as well as unneeded time spent . i feel that we are blessed that she resigned and may have connection's to help. but vindictive people are not needed at wao these are just thoughts i believe Karen has spoke to Sumner about this before and he understood i may be wrong on that - keep up the hard work and i will be coming in for board meeting minutes and such we will get it all together -no hard feelings –MichelleFrom: n garcia .
Subject: RE: Thoughts please? Events and happenings
To: "Michelle Cryer" <michelleanthonycryer@...>, "Sumner Matthes" smatthes@..>, "Karen Maxfield" <karenmaxfield@...>, "William West" <w.westcpa@...>
Date: Thursday, November 19, 2009, 10:06 PMThere are no hard feelings and I understand - but if we are thinking about WAO and WAO alone, this is a good thing. I don't want to upset anyone in this process but lets think about this. K.Brunner has had the USDA and everyone on her side from the beginning and regardless of the ways she went about things lets not forget that Carol as well as others were not allowing the board to know the full story and K.Brunners word is obviously stronger than any of ours. If the public and these agencies see that she is happy - which she is very happy. This is a good thing for WAO.
I speak to her daily. And she has got a ton of donations and if she is my connection through KSAT 12 - I need to have this. If she is getting the support from the City of San Antonio - I need this as well.
It is a simple visit and I personally dont have any reason to deny a tour on camera with a positive interview. It is free advertising and we NEED her support whether we want it or not. I have recieved phone calls from donors all over the US that have taken her word and have told them of the positive changes and they in turn chose to donate. This is a true statement.
This is something I know can only bring good. You do not have to like her, but we all failed to believe what she was saying to be true or take the time to investigate. I know when I felt helpless with the requests I was making to get help....I felt like screaming it to the world. We all need to move forward and let go of our feelings for the better of WAO. This is my opinion. If we lose her, we lose a ton of support.
She has done NOTHING but good since the changes were made.
Nicole GarciaDate: Thu, 19 Nov 2009 20:43:39 -0800
From: michelleanthonycryer@...
Subject: RE: Thoughts please? Events and happenings
To: smatthes@...; karenmaxfield@...; w.westcpa@...; waonicole@...its not that i dont like kristina brunner i dont even know her she must be a srong determend women -i just dont like the way she operates and we do not need any more of that -i think at times its a good thing when someone leaves on their own - move forward not backwards this may not always apply to everyone ( example Terry)Christa Brunner may help with info or donations and thank you - no need to reopen wao doors to her no need to return any favors thank her for all of her time and efforts - let it be a clean break move forward and we can always do a sweet reconition certifict - picture or something - but wao can still benifit from her or others donations but not a wise move to set ourselves up again - still open for convesation -Sorry im going to bed -chat soon-michelleFrom: SMatthes@aol.com
Date: Fri, 20 Nov 2009 12:05:15 -0500
Subject: Re: Thoughts please? Events and happenings
To: waonicole@...; michelleanthonycryer@...; karenmaxfield@...; w.westcpa@...To All: Publicity can be a two edged sword. It can be great when it is positive but can be very destructive when negative.Having said that, I will express my thoughts on the Brunner visit issue. Sometime ago, I did briefly discuss Brunner with Karen in regard to Brunner's actions and manner in which she handled her complaints through the AG rather than through the WAO which we both deemed inappropriate. Since then in reviewing my files I have found a 27 page email, addressed to the WAO Board of Directors and all Interested Parties, dated January 17, 2006, from Kristina M. Brunner.in which she presented her concern, in great detail, regarding problems at the WAO.To my knowledge, as I remember, and I don't have any BOD Minutes to verify my remembrance, this email was discussed, by the BOD, with Carol, and unofficially it was rebutted by Carol and nothing further was done about it. As a result, since this email apparently also was sent to the AG, their investigation was initiated.Now, in retrospect, the BOD was remiss in not taking appropriate immediate corrective action regarding the facts contained in the subject email. It took 3 1/2 years to finally take the action we did in September 2009. I have spoken, by phone, with Brunner since the reorganization, regarding additional information that she wished to submit to the AG and concurred in her doing so with info copies to our attorney.Based on the above, I now believe that Brunner's actions with the AG were appropriate. I know she caused a lot of trouble for the WAO but believe that a large number of her accusations were true. She obviously a very talented individual who could be an asset to the WAO in our reorganization. I would like Nicole to advise the BOD as to why she believes that Brunner has no intention to becoming further involved in the operation of the WAO but only wishes to provide help and assistance. Brunner must be clearly advised that her help and assistance is appreciated but, in no way, will she be allowed to attempt any additional control of the managerial actions of the WAO. The WAO is, and will continue to be, run by the BOD and the CEO.Now we come to the current question of her visit to the WAO. I do not have any real reservations about her making such a visit, with the following stipulations:1. A pre-visit must be made at which time a complete itinerary must be established and she must be advised and clearly understand that no negative comments will be presented at the formal visit. For example if she observes a primate cage that is in disrepair she will not mention that to the media but present it to the BOD after the visit.2. Any verbal media script must be OK'd by Nicole prior to being broadcast.3. All BOD Members, with the exception of myself, will accompany Nicole and Brunner on this visit. This will show the general public that the BOD is taking an active and positive part in the reorganization.If the above stipulations are clearly presented and understood I would now vote to have the visit scheduled and accomplished.I note that Will has not yet commented on this and I would like to get his comments prior to any final BOD vote on this.From: n garcia <waonicole@...>
> Subject: RE: Thoughts please? Events and happenings
> To: "Sumner Matthes" <smatthes@...>, "Michelle Cryer" <michelleanthonycryer@...>, "Karen Maxfield" <karenmaxfield@...>, "William West" <w.westcpa@...>
> Date: Friday, November 20, 2009, 11:17 AMJust so everyone knows what I know:
Kristina Brunner was approached by KSAT to do an interview on the 3 year anniversary of Kbrunner leaving WAO. They want to see her on her first tour back to WAO. I would never allow anything in WAO that would hurt or even be a possible negative thing for WAO.
I would like to ask the board to trust me with this one. Kristina will not visit WAO on a regular tour because of her fear of my parents and the threats they have made to her and to me.
With cameras here, my parents will not do any harm. She wants to close this part of her life and begin a new one. May sound a little odd but if you talked to her as often as I have, you would understand what this means.
Kristina truly was thinking of the animals this entire time and that is why she wants to help. She knows that she is responsible for alot of support that left and now wants to bring it back.
I feel that Michelle, you have to many opinions of Kristina Brunner (with good reason) to be around her and I would personally request that if a board member be present it be will or Karen. Now when I say that .... Karen has more important things to worry about and should not be asked to do this.
Again, Kristina will not visit here on her own or on a tour prior to.
This is a simple tour - no behind the barriers - no stopping for hours. A tour.
This is not a big deal - as i see it, if we say no we don't look transparent if we say no ksat is not going to be on our side (AND WE NEED THIS WHETHER WE LIKE IT OR NOT) to support us in a positive way. And Kristina is not banned from WAO tours, no one is.
I talk to Kristina Brunner Daily. But I do not share anything about WAO that is discussed between the board and myself.
We only talk about animals and donations and most of the time it is me calling her.
She has made a lot happen and so have other people that were trying to address these issues for years. There will be no volunteering, there will be no working and there will be absolutely no regular visiting.
KSAT is the only on that did a good story on our new beginning and Kristina Brunner made that interview happen.
Nicole GarciaDate: Fri, 20 Nov 2009 10:33:10 -0800
From: michelleanthonycryer@...
Subject: RE: Thoughts please? Events and happenings
To: smatthes@...; karenmaxfield@...; w.westcpa@...; waonicole@...my thoughts have not changed on these items i think it would be a huge mistake to put the thorn back in our side - to me cut the ties and clean breaks are the better way to move forward niole could handle an interview if needed - i dont think brunner needs to be a part of it - sorry just dont trust the lady - (burn me once shame on you - burn me twice shame on me) again no hard feelings - just discusion on this matter –michelleIn a message dated 11/24/2009 3:50:42 PM Eastern Standard Time, waonicole@... writes:I was hoping to allow this. I spoke to Will and he is for it. I met Kristina last night and she along with many from the city donated quite a few items that we really needed.
Kristina has no ill intentions and I trust her. Regardless of past, we should think about future and there is no harm that can be done because we have absolutely nothing to hide. Basically, we need these people for the public eye.
This is just how I feel. If it is up to me, I am moving forward and allowing this. If it is not, let me know.
Nicole GarciaFrom: SMatthes@...
Date: Tue, 24 Nov 2009 16:01:08 -0500
Subject: Re: Thoughts please? Events and happenings
To: waonicole@hotmail.comNicole: You go girl. Sumner
Wow, I have to admit I had no idea how much Cryer did not want me around the WAO animals, especially after all the hard work I put into saving the WAO animals. It's not like she didn't know what to expect when I spoke to the WAO Board in 2006, with her present in the room as an observer and then a few minutes later, as my board replacement.
At least Cryer admitted the truth -- I quit the board. She was there and she heard my prepared resignation speech I wrote prior to attending the January 7, 2006 Emergency Board Meeting. Those individuals who did not participate in the Emergency Board Meeting were told by Carol Asvestas I was "thrown off" the WAO Board of Directors.
I don't think Cryer truly knew how much I did for the Orphanage from October - December 2009:
- Informed Nicole of the Tax Lien against Talley Rd property (board was not aware of this lien);
- Informed Nicole of the Balloon Loan Payment Due 2/1/10 (board was not aware of the payment due;
- Informed Nicole of the WAO's 2009 debts (newsletter production costs, IRS taxes, etc)
- Reviewed/made changes to Extreme Home TV Show letter;
- Reviewed/made changes to potential business donors letter;
- Reviewed/identified extensive errors made on the 2008 990;
- Reviewed/identified errors to the 2008 financial report;
- Reviewed/reformatted report sent from WAO to OAG (Excel);
- Reviewed/recommended changes to holiday hardcopy newsletter;
- Recommended holiday party for animals raising money for animal enrichment items;
- Wrote SAL article advertising the holiday party;
- Arranged the KONO Community 1/2hr spotlight on radio for WAO;
- Rewrote the WAO Employee Handbook;
- Prepared IFAW Handbook;
- Created the new 990 required documents to be presented and signed by the WAO board of directors;
- Created a free e-newsletter account and transfered email addresses to the e-mailing list;
- Wrote the WAO's first-ever e-Newsletter for January;
- Prepared Spring Open House Event plan;
- Schedule meeting w/Tax Office to make past due tax payment arrangements;
- Contacted the free meat program (Wal-mart) to add WAO to the meat program;
- Found the WAO a new veterinarian specializing in wild animal care;
- Reviewed WAO web site (animal section) web pages and made recommended changes;
- Arranged the return of the Juvenile Probation work crews, performing general property clean-up and landscaping duties;
- Researched the Leslie Road land deed and reported findings to OAG then WAO; and
- Arranged the first-ever WAO TV commercial featuring the Leslie Road animals.
I was able to accomplish all of these actions before the end of 2009, simply because there was no one willing or able to help Nicole transition into her new position. Sadly, I knew more about the WAO's financial situation than any of the WAO board directors. Since the board directors abrogated their board responsibilities to Ron and Carol Asvestas, the WAO's debt grew to over $100k with very little donations coming in to support the animals.
Now what exactly did Cryer do during this same time period? Oh yeah, she stirred up trouble amongst the board and staff.
Nicole had enough issues on her hands, such as dealing with argumentative board directors, sick animals, disruptive ex-WAO employees and board director; low donations; and employee relations issues, just to name a few unhappy challenges. There was absolutely no way one person could have taken on such a huge challenge without back-up support. She needed experienced help and that was not going to come from the WAO Board of Directors. I was surprised and pleased Sumner admitted that the WAO BOD dropped the ball three years ago and should have investigated my allegations when I first brought them to the Board. I just wish the BOD listened to me back in the day so that so many animal lives could have been spared.
As to Dr. Henry, I told him and Dr. Lambert back in 2005 that they were giving controlled substances to an animal caretaker, not to an attending vet, but I got the impression they did not believe me. I proved the WAO did not have an on-site vet, as proclaimed on the WAO's website, thanks to the OSHA investigation. So, I am not going to apologize for reporting the sale of controlled substances to an "animal care worker." Too many animals were killed with the drugs given to the WAO staff, with absolutely no oversight by an attending vet. I was never rude when I alleged that the WAO received dangerous controlled substances without oversight and quite frankly, I don't care if their feelings got hurt. If the vets had done their due diligence, the vets would have taken action immediately after I told them there was no vet at the WAO back in December 2005. And what in the world did Cryer mean by "...caused all of our practice much headache." Since when did she make "partner" at the vet clinic. Last time I checked her resume, she was only a vet tech!
November 20, 2009
http://www.sacurrent.com/blog/queblog.asp?perm=70034
November 26, 2009
As to Dr. Henry, I told him and Dr. Lambert back in 2005 that they were giving controlled substances to an animal caretaker, not to an attending vet, but I got the impression they did not believe me. I proved the WAO did not have an on-site vet, as proclaimed on the WAO's website, thanks to the OSHA investigation. So, I am not going to apologize for reporting the sale of controlled substances to an "animal care worker." Too many animals were killed with the drugs given to the WAO staff, with absolutely no oversight by an attending vet. I was never rude when I alleged that the WAO received dangerous controlled substances without oversight and quite frankly, I don't care if their feelings got hurt. If the vets had done their due diligence, the vets would have taken action immediately after I told them there was no vet at the WAO back in December 2005. And what in the world did Cryer mean by "...caused all of our practice much headache." Since when did she make "partner" at the vet clinic. Last time I checked her resume, she was only a vet tech!
November 20, 2009
http://www.sacurrent.com/blog/queblog.asp?perm=70034
WAO update: Nicole responds, R.G. Griffing doesn’t.
By Enrique Lopetegui
elopetegui@sacurrent.com
As reported by the Current in Animal Wrongs, on October 15 Carol Asvestas, founder and former CEO of the Wild Animal Orphanage, sued the new WAO board, claiming that it acted without proper authority when it suspended and then fired her and former husband Ron Asvestas. The original lawsuit asked for monetary and property restitution.
On November 9, the Wild Animal Orphanage (led by new CEO Nicole García, who is Carol and Ron’s daughter) counterattacked. WAO’s answer states that the “Orphanage denies each and every, all and singular, the allegations … and respectfully requests Plaintiffs be required to prove such allegations by a preponderance of the evidence as required by the laws of the State of Texas.” WAO asked the court that the Asvestases reply within 30 days (by December 9) and that the lawsuit be dismissed.
That isn’t the only lawsuit Carol Asvestas is involved in. In August, while she was still in charge of WAO, she filed a libel suit against the San Antonio Lightning’s R.G. Griffing, who covered the WAO saga for more than two years and who labeled her “The Lyin’ Queen.”
On Friday morning, Eric Turton, Asvestas’s attorney, and Griffing (who represents himself), met at the court of Judge John D. Gabriel during Turton’s “motion to comply,” which basically means that he wants Griffing to reveal where he got the documentation for the allegations he has made against Carol Asvestas.
Turton told the judge he sent Griffing a written Discovery Request on September 19 and on September 25, and received no reply. He said he sent Griffing an email on October 28, with no answer, and that nine weeks later Griffing finally replied with a “rambling, non-responsive answer.” A final email from Turton was greeted with “a flippant response.”
“I’m getting nowhere with this, so we’re filing a Motion to Comply,” said Turton, who told the judge “There’s nothing unusual with this request.”
“In other words: Show me your sources,” he said.
Turton also asked the judge to make Griffing pay for attorney’s fees. After stating that he made $250 per hour, Turton described to the judge the time he spent on the case and requested a judgment for $1,150.
The judge subtly rolled his eyes, while Turton asked that Griffing answer (both sources and money) by December 1.
“It gives him another week [to prepare],” Turton said.
Griffing began telling the judge that the lawsuit stemmed from a series of stories he published on the Lightning and that those stories were “backed up” by another story in the Current. Turton objected, saying, “the San Antonio Current story was irrelevant” to the case, but the judge wanted to hear more.
“I can’t reveal the sources of my reporting,” Griffing said. “ It’s either source materials or public records. Based on the new Texas Shield Law, I have to protect my sources.”
“Is that your defense?” asked the judge, who admitted he was not very familiar with the law.
The Texas Free Flow of Information Act, or Texas Shield Law (HB 670), was signed into law by Governor Rick Perry in May, and it states that no “judicial, legislative, administrative, or other compulsory process" can compel a journalist to reveal "any confidential or nonconfidential information, document, or item obtained or prepared while acting as a journalist" or "the source of any information, document, or item ..."
But the law, written by San Antonio State representative Trey Martínez Fischer, also states that the court can compel the journalist to reveal that information if three factors come into play:
1. All reasonable efforts have been exhausted to obtain the information from alternative sources.
2. The information is relevant and material to the proper administration of justice, and
3. The information sought is essential to the maintenance of the claim or defense of the person asking for it.
The key allegations against Carol Asvestas are easily found through Freedom of Information or public information requests.
The judge told Griffing that, no matter what his answer is (and he does plan to invoke the shield law), he must formally reply and gave him 30 days (three more weeks than what Turton would have preferred) to stop by Turton’s office and deliver his response.
“Just make sure you get these answers,” said the judge.
“Well, that was a good first step,” said Turton after the hearing. “Yes, it was a good first step,” replied Griffing.
After Turton left, Griffing turned to me.
“He thought he was going to get his money now, didn’t he?”
elopetegui@sacurrent.com
As reported by the Current in Animal Wrongs, on October 15 Carol Asvestas, founder and former CEO of the Wild Animal Orphanage, sued the new WAO board, claiming that it acted without proper authority when it suspended and then fired her and former husband Ron Asvestas. The original lawsuit asked for monetary and property restitution.
On November 9, the Wild Animal Orphanage (led by new CEO Nicole García, who is Carol and Ron’s daughter) counterattacked. WAO’s answer states that the “Orphanage denies each and every, all and singular, the allegations … and respectfully requests Plaintiffs be required to prove such allegations by a preponderance of the evidence as required by the laws of the State of Texas.” WAO asked the court that the Asvestases reply within 30 days (by December 9) and that the lawsuit be dismissed.
That isn’t the only lawsuit Carol Asvestas is involved in. In August, while she was still in charge of WAO, she filed a libel suit against the San Antonio Lightning’s R.G. Griffing, who covered the WAO saga for more than two years and who labeled her “The Lyin’ Queen.”
On Friday morning, Eric Turton, Asvestas’s attorney, and Griffing (who represents himself), met at the court of Judge John D. Gabriel during Turton’s “motion to comply,” which basically means that he wants Griffing to reveal where he got the documentation for the allegations he has made against Carol Asvestas.
Turton told the judge he sent Griffing a written Discovery Request on September 19 and on September 25, and received no reply. He said he sent Griffing an email on October 28, with no answer, and that nine weeks later Griffing finally replied with a “rambling, non-responsive answer.” A final email from Turton was greeted with “a flippant response.”
“I’m getting nowhere with this, so we’re filing a Motion to Comply,” said Turton, who told the judge “There’s nothing unusual with this request.”
“In other words: Show me your sources,” he said.
Turton also asked the judge to make Griffing pay for attorney’s fees. After stating that he made $250 per hour, Turton described to the judge the time he spent on the case and requested a judgment for $1,150.
The judge subtly rolled his eyes, while Turton asked that Griffing answer (both sources and money) by December 1.
“It gives him another week [to prepare],” Turton said.
Griffing began telling the judge that the lawsuit stemmed from a series of stories he published on the Lightning and that those stories were “backed up” by another story in the Current. Turton objected, saying, “the San Antonio Current story was irrelevant” to the case, but the judge wanted to hear more.
“I can’t reveal the sources of my reporting,” Griffing said. “ It’s either source materials or public records. Based on the new Texas Shield Law, I have to protect my sources.”
“Is that your defense?” asked the judge, who admitted he was not very familiar with the law.
The Texas Free Flow of Information Act, or Texas Shield Law (HB 670), was signed into law by Governor Rick Perry in May, and it states that no “judicial, legislative, administrative, or other compulsory process" can compel a journalist to reveal "any confidential or nonconfidential information, document, or item obtained or prepared while acting as a journalist" or "the source of any information, document, or item ..."
But the law, written by San Antonio State representative Trey Martínez Fischer, also states that the court can compel the journalist to reveal that information if three factors come into play:
1. All reasonable efforts have been exhausted to obtain the information from alternative sources.
2. The information is relevant and material to the proper administration of justice, and
3. The information sought is essential to the maintenance of the claim or defense of the person asking for it.
The key allegations against Carol Asvestas are easily found through Freedom of Information or public information requests.
The judge told Griffing that, no matter what his answer is (and he does plan to invoke the shield law), he must formally reply and gave him 30 days (three more weeks than what Turton would have preferred) to stop by Turton’s office and deliver his response.
“Just make sure you get these answers,” said the judge.
“Well, that was a good first step,” said Turton after the hearing. “Yes, it was a good first step,” replied Griffing.
After Turton left, Griffing turned to me.
“He thought he was going to get his money now, didn’t he?”
Posted by Kamikaze108 on 11/20/2009 5:55:51 PM
November 26, 2009
From: waojenna@...
To: waojenna@..
Subject: final procedures
Date: Thu, 26 Nov 2009 17:53:58 -0600
Final copy of WAO procedures.
To: waojenna@..
Subject: final procedures
Date: Thu, 26 Nov 2009 17:53:58 -0600
Final copy of WAO procedures.
From: waojenna@...
To: waonicole@...
Subject: FW:caretaker final procedures
Date: Sat, 28 Nov 2009 12:19:27 -0600
To: waonicole@...
Subject: FW:caretaker final procedures
Date: Sat, 28 Nov 2009 12:19:27 -0600
>
[Present Day: Too bad the workers did not even follow their own guidelines, as evidenced by the USDA violations]
November 26 - 27, 2009
From: Will West
Sent: Friday, November 27, 2009 2:36 PM
To: Sumner Matthes; Karen Maxfield; michellecryer@...
Subject: Briefly - Form 990 and Gift ShopWAO Board of Directors –Two quick items:Form 990: Explaining that he had inadvertently picked up a first draft, our auditor delivered to us the “real” Form 990 last Wednesday afternoon. While it appears substantially improved over the prior version, it remains to be reviewed and revised to our standards. This provides us with a springboard for our “Amended 990” and Nicole and I will be working on this and sending you a review copy asap. The silver lining in this fiasco is that I am confident we have the strongest “reasonable cause” defense imaginable against any penalties. It remains imperative for other important reasons that we get this done at the soonest. My original estimate of sending a copy for BOD review of Wednesday to Friday remains.Heather Noe resignation: Having observed on-site a great deal, it is my opinion that while probably inevitable, this is a positive development. Without writing a book here, her resigning to the BOD as opposed to Nicole tells volumes. Further, and as I have said before, this is to be expected and will continue for the next 9 – 12 months. The culture at WAO has changed. It will take Nicole some time to assemble her “A” team. In the process, those who cannot embrace the new “business” culture will become uncomfortable and quit or Nicole will weed them out as needed. As of early this week, Noe was not enrolled and it was obvious. Further, I expect Noe’s leaving will improve morale immediately. Everyone knows when someone is slacking or not on the team.In a related matter and as I have advised Nicole, the gift shop has every potential to be an important and significant financial contributor and springboard toward mining significant donations. The person running it should take ownership and pride in it and find ways to make it better. Much better. In short, the person should want the job saying: “Geez…there is so much I could do with this…”.Please call or email with any questions –Will West432/978-5960
I completely agree with Will. The WAO needed innovators, team players, and employees willing to take ownership and pride in their daily work. This was clearly NOT Heather Noe.
Date: Fri, 27 Nov 2009 19:15:30 -0800
From: michelleanthonycryer@...
Subject: RE: UpDate
To: smatthes@...; waonicole@hotmail.com
CC: karenmaxfield@...; w.westcpa@..
for an update Nicole -i have been reading and keeping up with the emails - i just think we should have a time goal if possible on these items 1 month 6 months whatever it may be - we should try to set a goal. a potential donor is great but the way i figure for the animals and new enclosure's being built, repaired and so many items to fix USDA fence TCEQ i could go on and on - we easily need 150,000 to 250,000 and that's a low estimate -I do love the donors but we need back ups and from what i understand ifaw only wanted to help with food this is a huge help but can not be relied on .....I'm sorry I'm worried i think that a plan of action of these items needs to be in play. As for the 5,000 on the primate roof - half was paid before starting the job and before Jamie left. The other half of the payment was given after Jamie quit and the enclosure was not checked out and approved for monkeys to live in?? the other half of money should have never been given if it was not completed. i did not add Mary or Michelle to my email but if a board member wants them to answer questions it should be that board members choice- My next question is where are we going to get such larger amounts of money when things are tough all over. i know you are doing alot but these are things that concern me and make my heart sick. the bears should not have to live another day i such unexcepatable conditions. Michelle
From: waonicole@...
To: waoheathernoe@...
Subject: RE: Employment
Date: Fri, 27 Nov 2009 13:58:58 -0600
Dear Heather Noe,
I am in receipt of your voluntary resignation. I am unclear as to the reasons for your resignation and would like some further details. On Wednesday November 25, 2009 (the last date you worked) it was not brought to my attention that you had any problems or concerns in the workplace.
I look forward to your response. Please return all WAO property immediately (key needs to be given to Kimberly so that it does not get placed in the wrong hands) and discontinue any use of WAO accounts. If you have AFLAC Insurance, we will be notifying them of your resignation.
Since I cannot locate any other email address for you, this is being sent to this email account and a copy by registered mail.
Thank you,Nicole Garcia
From: waoheathernoe@...
To: waonicole@...
Subject: Employment
Date: Thu, 26 Nov 2009 22:53:08 -0600
Nicole,
Today was the straw that broke the camels back.
I quit!
Heather
--- On Fri, 11/27/09, Nicole Garcia <waonicole@...> wrote:
From: Nicole Garcia
Subject: RE: UpDate
To: "Michelle Cryer" <michelleanthonycryer@...>, "Sumner Matthes"
Cc: "Karen Maxfield","William West" <w.westcpa@Date: Friday, November 27, 2009, 9:53 PMI think for the items at hand of need, we need no more than 50,000.00 and that's shooting on the high end.
Long term projects - we are getting estimates right now that will let us know what we need for Leslie animals to be moved to talley after we take care of the bears, primates, etc.
I have planned very well.
Time line - not something that is possible to set until January 1, 2009 - By the 3rd week of december we will know where we are with money from newsletters, ifaw and donors. It would be asking to much if any of us thought we could do such a thing right now.
Who stated that IFAW only wanted to help with food? I did not have a conversation with IFAW regarding food in specific. Have you spoken to IFAW, someone from IFAW told me that someone close to WAO met/spoke with them recently - were they referring to you. Just a thought since you mentioned that you were under the impression they wanted to help with food and I don't recall saying that. If anyone has met with IFAW or spoke to them, this is something I need to know as well as the board.
Bears - we will take care of them as we will all of the others. The bears have been in these conditions for years and I was one of the people that raised the concern for the bears. This will get taken care of. There cannot be a timeline given as of yet. Please be patient I am handling these concerns and my word is good.
I am doing my best and I am also again asking for help with the stuff I/we have to do for OAG - Can I get this help? I can focus on other things of importance if I can get this help.
Nicole Garcia
Date: Fri, 27 Nov 2009 20:10:54 -0800
From: michelleanthonycryer@...
Subject: RE: UpDate
To: smatthes@...; waonicole@...
CC: karenmaxfield@...; w.westcpa@...Nicole you mentioned in an email about the food and IFAW and if they felt more comfortable with paying the distributors themselves for food - you would understand.. if need be i will pull it up in my email and send it back to you. i understand the AG and such -but we need to get other projects grants donors ifaw whatever else on board. i know you are doing the best you can, and never forget that Jamie and i will always be there to help WAO no matter what has happened and please quit questioning if i talk with IFAW - i never have and i am not saying it anymore . these are items just up for discussion -keep up the good work Michelle
From: waonicole@..
To: michelleanthonycryer@...; smatthes@...
CC: karenmaxfield@...; w.westcpa@...m
Subject: RE: UpDate
Date: Fri, 27 Nov 2009 22:51:31 -0600I have an idea - I can focus more on raising money and grants if you can assist me with the OAG project. I think that would be wonderful. And your right, I forgot I sent that email because I have been talking to 2 individuals from IFAW and in the begininning they stated that. Sorry.....lots of emails.
I have been working my butt of on ideas, now I need the time to make them happen. When would you like to come to the office so I can show you some of the things I really need help with to allow me to make the $ things happen?
Thanks for the help.
Nicole Garcia
[Present Day Note:]
I'm shocked! And such 'concern' for the WAO's operations! Too bad Michelle Cryer was all talk and no (positive) action.From: waonicole@..
To: kbrunner@...
Subject: FW: UpDate
Date: Mon, 3 May 2010 19:33:55 -0500
She never came to the office to help.
Nicole Garcia
December 10, 2009
From: waoheathernoe@...Below is a strange email exchange from someone who wants to remain "annoymous" and Andrew Behaine, former WAO board member.
To: waonicole@...
Subject: Employment
Date: Thu, 26 Nov 2009 22:53:08 -0600
Nicole,
Today was the straw that broke the camels back.
I quit!
Heather
From: waonicole@...
To: waoheathernoe@...
Subject: RE: Employment
Date: Fri, 27 Nov 2009 13:58:58 -0600
Dear Heather Noe,
I am in receipt of your voluntary resignation. I am unclear as to the reasons for your resignation and would like some further details. On Wednesday November 25, 2009 (the last date you worked) it was not brought to my attention that you had any problems or concerns in the workplace.
I look forward to your response. Please return all WAO property immediately (key needs to be given to Kimberly so that it does not get placed in the wrong hands) and discontinue any use of WAO accounts. If you have AFLAC Insurance, we will be notifying them of your resignation.
Since I cannot locate any other email address for you, this is being sent to this email account and a copy by registered mail.
Thank you,
Nicole GarciaIn a message dated 11/27/2009 3:00:45 PM Eastern Standard Time, waonicole@hotmail.com writes:
Just wanted to copy the BOD on this.
Nicole GarciaFrom: SMatthes@...
Date: Fri, 27 Nov 2009 20:35:44 -0500
Subject: Re: FW: Employment
To: waonicole@...
To All: I agree with Nicole and Will. Let's move on.Sumner
http://disqus.com/andrewbehaine/
Wild Animal Orphange Seeks Fresh Start - San Antonio News Story - KSAT San Antonio
In my opinion, Behaine is a JOKE and should have never been on the WAO Board in the first place. If he really cared about the animals, he would have been fighting for them from the beginning. Instead he sided with the Asvestas. Enough said.
Nicole and I had long discussions about finding a new WAO vet as I was very concerned with the type of care currently provided by the WAO's primary vet, Dr. Erhlund. Earlier this week, I sent Nicole a vet candidate's bio in the hopes she would be interested in visiting with her. The vet candiate was recommended to me by my vet. Based on the vet's work history, to include providing medical care to zoo animals, I believe she can provide the level of care the WAO animals so desperately need right now.
From: Kristina Brunner
To: avianexoticdvm@satxrr.comSent: Thu, December 10, 2009 11:17:34 AM
Subject: Wild Animal Orphanage
Dear Dr. Finkelstein:My apologies for not contacting you sooner as I was out-of-pocket yesterday attending the SMW&V Business Owners Conference.I spoke with the new director, Ms. Nicole Garcia, and she is very interested in meeting with you sometime this month if possible. The WAO is looking for a new primary veterinarian and Ms. Garcia would like to discuss the WAO’s vision regarding its proposed health care plan for its animals.I attached the WAO’s health care plan for the next few years, keeping in mind; changes are constantly being made based on new priorities and needs.The WAO recognizes your desire to remain out of the organization’s politics, so you will be pleased to know that the new veterinarian’s primary duty will be to administer/treat the WAO’s animals, reporting any issues, treatment plans, and recommendations directly to Ms. Garcia.The board of directors, however, will have to approve the hire of a new primary veterinarian, based on the new director’s recommendation and the person’s experience with treating zoo animals.Ms. Garcia was very open to your suggestions regarding supplies and equipment needed discussed during our telephone conversation and you will be pleased to know the WAO is already in the process of purchasing a scale to weigh the larger animals. I was able to confirm the WAO does not possess any drugs on the property, and will there require guidance in purchasing and stocking regularly used drugs for its two facilities.Ms. Garcia agrees that the attending veterinarian should visit the animals on a weekly basis until such time the animals require monthly visits, based on their improved health conditions.I’m not sure what your schedule is like, but Ms. Garcia said she would like to meet with you at your convenience this month, with the exception of December 18th and 19th, as IFAW is visiting the WAO.You may either contact me directly 335-2400 (w) or 647-1789 (h) or Ms. Garcia at 688-9038 (w) to set-up an appointment to visit the director, staff, and animals.I pray this will be a mutually agreeable partnership between yourself and the WAO—I may be a little biased, but I believe the WAO animals are worth the effort and that you can truly make a difference in their lives –Kindest Regards,
Kristina BrunnerI was so pleased that Dr. Finkelstein wanted to put together a treatment plan for the animals--something that was NEVER done before at the WAO.
December 11, 2009
Nicole called me to let me know she needed help with an HR issue. Myrna informed Nicole, after she took the drug test, that she will probably pop positive for drug use (marijuana ?). I sent this email to Nicole:
From: Kristina Brunner
To: Nicole Garcia
Sent: Fri, December 11, 2009 11:22:03 AM
Subject: Drug Testing Action
Greetings Nicole:
I guess it's not all about the money...it's also about the illegal drug use!
Later: Just received word -- Myrna Leal popped positive for drugs. I recommended termination. Nicole wants to think about it over night.
December 17, 2009
December 18, 2009
From: Kristina Brunner
Sent:"> Friday, December 18, 2009 4:55 PM To: Gonzales, Pete Cc: Medellin, Joseph; kbrunner@ Subject: Juvenile Community Service Resitituion Workers |
;">Dear Pete Gonzales:
Please consider this e-mail as a request to allow juvenile probationers to perform community service restitution work at the Wild Animal Orphanage, located in San Antonio, Texas.
Five years ago, Chief David Reilly visited the facility and agreed it was an acceptable work environment for the CSR youths. The youths performed such duties as mowing, edging, raking, gardening, and so forth.
Three years ago, I requested Juvenile Probation suspend its work at the facility until such time new management was instilled by the board of directors due to internal issues requiring resolution.
Now that new management is in place, I have returned to the facility to oversee its community service program and to be quite honest, I could really use the assistance of the CSR youths once again.
If approved, the same duties would apply as before: mowing, edging, raking, gardening and other such green projects would be performed. The juveniles will not be handling, cleaning, or performing any duties relating to animal care. Once again, I will oversee each group visit and will be actively involved in supervising the youths to ensure compliance of safety rules and completion of projects (and we do have a lot of projects requiring immediate attention!).
Please let me know if Juvenile Probation Department will allow the youths to resume their service at the WAO either by return email or by telephone, home 647-1789 or work 335-2400. Thank you for your kind consideration in the matter!
Sincerely,
Kristina Brunner
WAO Unpaid Consultant
The juveniles are back! Now it's time to clean up the joint--literally!
December 20, 2009 - December 30, 2009
Dualing emails between WAO and Dr. Ehrlund:
To: waonicole@...
Subject: answeres
Date: Sun, 20 Dec 2009 18:54:45 -0500
From: texvet@...I also want to make it very clear that no one here at WAO has EVER stated that there is no attention coming from you. I think this is a thing that I will not look past.
You left that on text messages to Laurie Badders who offered that you said you had not heard from me on more than one occassion even after you and I had exchanged e-mails at midnight.You told Katie Higbee that when you called saying you had to have medication, paperwork or otherwise right now.You said that to Dr. Henry who offered that in a conversation with him.You said that to Stephen Telo who expressed that concern and said it was stated several times that you couldn't reach me despite having my personal cell phone number and private e-mail and business phone numbers.I was not addressed in a professional manner regarding what is being stated and I do not appreciate that.I disagree, I stated it clearly to you and only you. What is not professional is calling my colleges with false references: Dr. Henry, Dr. Val, Dr. Finklestein and undermining me to my employees by texting non business phones for business purpose so as to pass my office.If one of my staff/employees has made that comment, why was this not brought to my attention?Trust me, I would have.I do feel that you think differently than I do when it comes to the care of these animals and my feelings and thoughts are very different from past.I understand that. And that is why I give you all the information and all the options available in my medical opinion. As the animal's guardian, yours is the final decision. I'm happy to provide appropriate care or assist you with inplace nursing care whichever is required however you want to do that.
I do not want this to be an ugly relationship and I want to say thank you for your dedication in helping our sanctuary past and present.I agree, there is no need for ugliness. And thus why I have addressed you about these personal concerns. It undermines me on purpose. There is no reason for doing so. You and I have alwayshad contact and you know that. You are in charge of what care your animals get and you know that. My loyalty has always been to the animals and WAO not a personality.But you are not always clear on what you want. E-mails referring to illness or injuries are great, but then there are little or no instructions as to how you want to proceed or thatyou've consulted someone else. That's not professional either. If you choose to put the care in someone else's hands, fine, I'm never upset over second opinions, but even they do not want to be undermined by having a second or third veterinarian working on a case they are already working on. Honesty is imperative.So let's consider starting over professionally. I accept that you are owner/CEO of WAO. I have no malice toward you or your staff. Let's you stop referencing us as slow to help or not being able to help.If you really don't know the extend of our professional capabilities, then let's talk about what we have done previously, what we are capable of offering you, etc. Ours is not a small dog and cat practice. We have brought quality medicine and high class diagnostics to many species both small and large including many exotic species for over 25 years. We have professional association with other colleagues that do these things also and good rapport with many zoo/exotic specialists to add to help when needed. We look for specialist when its needed and are never afraid of second opinions. We encourage honest and open dialogue with the animal's owner, in this case you, and we willingly answer your questions.Let's you clearly define what you want in the way of extended care and on going care. Lets be open and up front should you desire a second opinion or moving the care of the patient to another veterinarian. Its not offensive. Its business. Ours is a business relationship. That's it, that's all.So this week, let's get down to business: establish a doable payment plan, and let me know how you want to proceed with other concerns of patient care.Loretta A. Ehrlund, DVM
Heritage Veterinary Medical Center
9793 Culebra Ste 109
San Antonio, TX 78251
210-509-1707
Texvet@aol.com
www.heritagevetsa.com
Life is not about avoiding the storms. Life is learning to dance in the rain.
From: waonicole@...
To: texvet@...
Subject: RE: answeres
Date: Sun, 20 Dec 2009 19:27:33 -0600I did not make any references to any colleagues that were negative. It is a FACT that I could not reach you when I had an emergency and you did not return my text until the following day and you stated that you had an aggie mom affair and were cleaning house. You were NOT REACHEABLE after one conversation that wehad.
Dr. E, YOU WERE NOT SOMEONE THAT I COULD REACH IN A TIME OF NEED. This was not a negative comment but when another Veterinarian asks me the question of: Where is your regular vet. I am going to state: I need your help because I can not reach my regular Veterinarian. That is a fact - not a negative comment. You respond to my emails when you get time, when I am leaving messages at your clinic and they tell me that you are gone for the day and I call your cell phone, I am not going to wait for a full day to get animals seen if I can find someone else to help them immediatly.
I spoke to Laurie but that is between Laurie and I and Yes I did tell her I could not reach you. Me contacting Laurie on her cell phone was not all about business and I was told by many at your clinic to contact Laurie directly. Where was I wrong here? But again, it was not negative. I believe that you have taken everything I have stated in a negative manner. It was not stated in a negative manner.
I understand that you are used to being the only veterinarian for WAO however, I feel that if we have 3-4 different vets it is better than waiting for just 1 to be available.
This is not about me, this is about what the animals need.
Fact is that if I can't reach you or anyone else when I feel that there is an emergency, I will go to another Vet. You probably know this already but most of the time, veterinarians will not get involved with an animal if another veterinarian is already caring for that animal and that is why I make it clear that I was unable to reach you in a time of need.
I email the animal concerns as a matter of record so that you can visit or advise me of what your thoughts are, this is something you stated would be good.
Again, no negative comments but emails at midnight do not help me when I feel there is an emergency at noon and you are unavailable. Your reasons are good for not being available but the animal should not have to wait.
Your idea of important concern to be seen immediatly is different than mine. I dont feel Lulu was an animal that should have waited until Monday to be seen or have anything done with, you suggested that she wait until Monday. You stated that since there was no payment, first rate service was not something I could have. Okay that is fine, but I wish you would have told me that in the beginning rather than tell me a payment plan was fine and that Vanessa would meet with me and then make the statement.
Your bill will be paid off ASAP, please give me the cost on records. I require those immediatly so I have medical history to pass on in the event it is needed. I will not be placed in a situation where I feel that I have to defend myself because my focus does not need to be there. I also will not involve myself in a he said she said battle when there was no issue to begin with on my part.
Thank you,
Nicole GarciaI responded to your comments below.I also want to make it very clear that no one here at WAO has EVER stated that there is no attention coming from you. I think this is a thing that I will not look past.
You left that on text messages to Laurie Badders who offered that you said you had not heard from me on more than one occassion even after you and I had exchanged e-mails at midnight.I told her I could not reach you long before the emails at midnight. I was worried and since in the past all of us at WAO were told that when we contact Heritage with concerns we are to ask for Laurie, I felt she would know how to reach you. I spoke to you that morning and could not reach you after that, I spoke to her at noon about deer meat and told her I could not reach you after 2 attempts on your cell phone. (This was the Saturday that you stated to me that you had aggie moms coming over and you had to focus on cleaning your house. No big deal. Nothing negative.You told Katie Higbee that when you called saying you had to have medication, paperwork or otherwise right now. - What medication? I requested a death certificate on a marmoset that I still have not received. I never said right now - I stated as soon as possible but I told her that the next day was fine since you were out for the day. This was witnessed by Will West - our CPA. I was not demanding at all.You said that to Dr. Henry who offered that in a conversation with him.I told Michelle Cryer that I could not reach you. I couldn't reach you, your daughter had a busted ear drum and that is what you told me. I only spoke to Dr. Henry about Lulu - nothing about you or reaching you.You said that to Stephen Telo who expressed that concern and said it was stated several times that you couldn't reach me despite having my personal cell phone number and private e-mail and business phone numbers.I told him I could not reach you because I could not. I asked him for his help and for a referral for primates - he would know that.I was not addressed in a professional manner regarding what is being stated and I do not appreciate that.I disagree, I stated it clearly to you and only you. What is not professional is calling my colleges with false references: Dr. Henry, Dr. Val, Dr. Finklestein and undermining me to my employees by texting non business phones for business purpose so as to pass my office.There were no FALSE references and I never undermined anyone, Laurie and I have always talked on a personal level with no business involved. Why would I pass your office? If your not there and out for the day I will call other Doctors. No one owns the animals other than WAO and if we feel the need for immediate medical attention, I will contact anyone that can help these animals. If I am asked why is Dr. Erhlund unavailable, I will stated yes because that is the only way most will help so they dont step on toes. This was true - you were unavailable.If one of my staff/employees has made that comment, why was this not brought to my attention?Trust me, I would have. You did not, as a matter of fact you told me that you did not have a problem with Dr. Kirk assisting me because she was a primate vet and had more experience in that area.I do feel that you think differently than I do when it comes to the care of these animals and my feelings and thoughts are very different from past.I understand that. And that is why I give you all the information and all the options available in my medical opinion. As the animal's guardian, yours is the final decision. I'm happy to provide appropriate care or assist you with inplace nursing care whichever is required however you want to do that.I don’t feel that giving the animals antibiotics or meds of any kind is okay without seeing the animals, since prior management ran up a huge bill which you allowed - I am not able to have the first rate service that these animals deserve, even when I state to you that I will pay for my service requests up front at the time of service you are still stating that since we have an overdue balance this is something you can not offer the animals right now. I understand that WAO owes you but please do not be upset with me over that balance as I will work to pay it off but I did not build that balance or agree on those fees.WAO owes this, Nicole Garcia did not run up that balance.
I do not want this to be an ugly relationship and I want to say thank you for your dedication in helping our sanctuary past and present.I agree, there is no need for ugliness. And thus why I have addressed you about these personal concerns. It undermines me on purpose. There is no reason for doing so. You and I have alwayshad contact and you know that. You are in charge of what care your animals get and you know that. My loyalty has always been to the animals and WAO not a personality.But you are not always clear on what you want. E-mails referring to illness or injuries are great, but then there are little or no instructions as to how you want to proceed or thatyou've consulted someone else. That's not professional either. If you choose to put the care in someone else's hands, fine, I'm never upset over second opinions, but even they do not want to be undermined by having a second or third veterinarian working on a case they are already working on. Honesty is imperative.So let's consider starting over professionally. I accept that you are owner/CEO of WAO. I have no malice toward you or your staff. Let's you stop referencing us as slow to help or not being able to help.If you really don't know the extend of our professional capabilities, then let's talk about what we have done previously, what we are capable of offering you, etc. Ours is not a small dog and cat practice. We have brought quality medicine and high class diagnostics to many species both small and large including many exotic species for over 25 years. We have professional association with other colleagues that do these things also and good rapport with many zoo/exotic specialists to add to help when needed. We look for specialist when its needed and are never afraid of second opinions. We encourage honest and open dialogue with the animal's owner, in this case you, and we willingly answer your questions.Let's you clearly define what you want in the way of extended care and on going care. Lets be open and up front should you desire a second opinion or moving the care of the patient to another veterinarian. Its not offensive. Its business. Ours is a business relationship. That's it, that's all.So this week, let's get down to business: establish a doable payment plan, and let me know how you want to proceed with other concerns of patient care.Please just contact Kim to let her know when we can meet to go over the bills and set up a plan as we agreed to do. I am not happy right now with how my statements have been twisted. At this time, I would like some time to clear my thoughts. I am someone who cares about all people and every animal, I go out of my way to help everyone no matter who they are and I have NEVER bad mouthed anyone including you.I need just a little bit of time to think about where I want to go with my thoughts. It is obvoius that your staff is clearly not fond of me and I am not comfortable with this. I feel that the way my statements have gone from a simple factual statement to me being rude and snide is not fair.Loretta A. Ehrlund, DVM
Heritage Veterinary Medical Center
9793 Culebra Ste 109
San Antonio, TX 78251
210-509-1707
Texvet@...
www.heritagevetsa.com
Life is not about avoiding the storms. Life is learning to dance in the rain.
I offered to help find a new vet for the WAO since Dr. Ehrlund, in the past, did not provided the WAO animals the care they needed. Dr. Ehrlund knew that the WAO animals were not receiving proper nutrition while the Asvestas' were in charge and yet she did nothing to protect the very animals she professes to care about! Because she refused to stand up to Carol and Ron Asvestas, many animals died due to vitamin deficiencies. In my opinion, Dr. Ehrlund was Carol's friend, not the animals'.
December 27, 2009
December 27, 2009
From: waomary@hotmail.com
To: waonicole@hotmail.com; waokimberly@hotmail.com
Subject: Talley Animals (Dec. 27th)
Date: Sun, 27 Dec 2009 21:04:25 -0600
Mixed Troop (longtailed and pig-tailed macaques) -- seem to have a virus starting to go through the troop. Several of the monks were sneezing today and had mucous from their nostrils (clear). One of them had a small amount blood outside of his right nostril. All are eating/drinking normally.
** Also noted that some of the longtails have frostbite on their tails.
Mindy (leopard) -- the spots/sores (on her belly) mentioned last week are still present. Also, the growth in her abdomen seems to be getting larger. I'm attaching a couple of pics so you can see.
Madras (tiger) -- took her meds this morning and afternoon. Drinking and eating well. (Coughed up some of the water she drank, but only a very small amount). The white spot I was wondering about yesterday was gone today so must have just been something she got into.
George (baboon) -- has been taking meds for 6 days. Not using leg yet. Eating/drinking well.
From: waonicole@...
To: gabrunzo@ifaw.org; irobinson@ifaw.org
Subject:
Date: Wed, 30 Dec 2009 18:00:14 -0600
Dear Gail A'brunzo and Ian Robinson
Thank you very much for your visit. We have the 990 that is almost finished and I should have the ability to send you the final copy by Friday after the Board of Directors reviews the documents for completion.
I wanted to update you all on Lulu and this was my main reason for requesting contact information. After your visit, Charlie (Our main Maintenance Supervisor) and I spent all of Sunday at the Veterinary Clinic with Lulu, the bengal tiger that was ill. We transported her awake in one of the transporters and our enclosed trailer. When we arrived at the clinic we sedated her (with the prospective Veterinarian - the dip....if you remember my models) and we placed an IV Cath, intubated her and we ran some more blood in house. We did have some x-rays taken as well as a scoping (this procedure was donated along with the portion of the other services). I have to say that this was a very unique experience for all of us and I am very happy to say that her blood work came back normal that day (odd). She is doing very well and back to her normal self. I appreciate that you all were able to give me your professional opinions regarding Lulu and the amount of time you all took out of your busy schedules to speak with us, will always be appreciated.
Also, after speaking with you all we have managed to re organize our existing team of staff and new staff members in a manner that I think you will be impressed with. We are all very pleased with everything and look forward to a wonderful future for The Wild Animal Orphanage and IFAW. I think you will be happy with our plans as well and hopefully we can discuss these items very soon.
I have put together some ideas and plans for the primates and the walls that we discussed and we are putting that plan in motion week after next. We will also move the wolf hybrids into the new enclosure we will have completed by January 1st and this will allow us to immediatly move the tigers into their larger area as well as the cougars into the enclosure the tigers are being moved from (after adding some enrichments and some new benches, etc.). I will be posting updates on our website so everyone will be able to see this.
Again, thank you all for your time and it was wonderful to meet with all of you.
I admire your work and hope that you know, many appreciate the effort in providing the assistance that you do during disasters.
Have a great week,
Nicole Garcia
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