PCM & Third Mutual – The Ultimatum



 

Posted by CotoBlogzz 2/20/2009 6:30 AM

 

After a successful Initial Public Offering (IPO) and experiencing an exponential growth in revenue circa 1996, Gateway computer issued an ultimatum to a computer peripheral supplier:  You can bid on a new product, however, you must significantly  improve the quality  AND reduce the price of the new product, or else.  The demands were so drastic that the CEO of the Taiwan-based supplier conceded in a press release to having lost the Gateway account. 

However, a young executive decided that not all was lost, and although the Taiwan-based supplier had never proven able to deliver a quality product, he figured out a way forward:  Radical changes were implemented and the new product established new sales and quality records for both Gateway and the supplier.

 

Milt Johns, PCM vice president issued  the Third Mutual of Laguna Hills board of directors a new kind of ultimatum.  In this case, it is the service provider issuing the demands and “respectfully requests the directors to adhere to the following conditions”, reads a memorandum dated January 20, 2009.

 

The conditions define a code of conduct for board members, including a Shut Up Rule:  “Directors will not make demeaning or hostile comments about staff nor the general manager in any venue other than closed session meetings of the board”.

 

Additionally the demand in essence turns the employer-employee rules around, by having the service provider dictate what the board can and cannot do as in “Directors will agree to not breach the management agreement by performing any work of the managing agent, eg. Preparing RFQs/RFPs to solicit proposals from banks, law firms, lien and collection companies, etc.”, presumably not going out to bid for property management services either.

 

In the case that “board members question an action on the part of PCM that they deem not to be in conformity with its duties as managing agent, a mediator will be hired at the expense of the Mutual to privately resolve the issue.”  In other words, if the service provider is not performing, quietly hire a mediator at resident’s expense.

 

The demands also describe a chain of command:  “To assist the Directors to this end, and effective immediately, and until further notice, any contact between the Directors of Third and PCM shall be restricted to only the PCM Executives (currently Jerry Storage, Jane Price, Kurt Rahan and Russ Ridgeway”.

 

However, Mr. Johns will be “very happy to ease these restrictions once the roles of the Directors and PCM as management agent have been reconciled to the mutual satisfaction of both parties.” so states the memorandum.

 

Gateway’s ultimatum to the Taiwan-based supplier significantly raised the performance and quality bar.  And although the Johns’ ultimatum to the Third Board seem to go South, we understand there are some Third board members willing to accommodate Mr. Johns’ demands.  Judging for Gateway’s pursuit of excellence, seems like they would have fired the service provider on the spot, had it tried to establish the rules of engagement.

 

We have asked PCM representatives to confirm whether PCM is seriously willing to walk away from the Third gig, but have not received a response.

4 Responses to “PCM & Third Mutual – The Ultimatum”

  1. The CotoBuzz Journal’s CotoBlogzz » Blog Archive » TV or Not TV Bea? Another Chapter in the “As the World Turns in Laguna Woods” Says:

    […]     At the same time and to cover his basis, Mr. Curtis sends in a request to United Mutual President Lloyd Foster to ask “PCM’s Channel 6 Station Manager, Paul Ortiz, that this important meeting be recorded and televised to our community.  Seems he’s waiting for word from you”   Apparently Mr. Foster, like Bea,  did not have a position on the matter either, as he had to ask  “ …the Chairman of the Select Audit Committee if he wanted the meeting Friday to be televised he said yes”, so Mr. Foster then instructs Mr Ortiz to “… arrange for televising the meeting same as last year”   So apparently the answer is TV - since Mr. Ortiz’s confirmation to Mr. Foster reads in part:  “Okay. We will have to do as we did last year and tape the meeting and broadcast it later in the day.  We have scheduled the tape delayed broadcast for Friday, March 27 at 6 pm”   Should the property management company employees not be responsive to the needs and or inquiries from the residents, or is an iact of Congress really necessary?    Or perhaps this is just positioning for the Ultimatum? In any case, for the question of TV or not TV Bea? The answer is TV! […]

  2. The CotoBuzz Journal’s CotoBlogzz » Blog Archive » Implications of Restraining Order Against Third Mutual Says:

    […]  -What is the common denominator between Denmark’s Entrepreneur of the Year, KPMG, Aide to Madoff HOA/CID board of directors’ fiduciary dutPCM & Third Mutual – The Ultimatum  […]

  3. The CotoBuzz Journal’s CotoBlogzz » Blog Archive » One Third Mutual Board Vacancy Down ……for now, or for the count? Says:

    […] PCM & Third Mutual – The Ultimatum […]

  4. The CotoBuzz Journal’s CotoBlogzz » Blog Archive » Gunning for Souls or for the Weak Buck? Says:

    […] PCM & Third Mutual – The Ultimatum […]

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