"Leisure World General Manager Kevin Flannery must resign"


Leisure World General Manager Kevin Flannery must resign

Call for termination of Leisure World General Manager Kevin Flannery's employment contract for cause:

By Point Blank©-slk, Patch Poster Updated Jul 10, 2017 8:01 pm ET

The call for termination of Leisure World General Manager Kevin Flannery's employment contract for cause

Point Blank© slk

Maryland Clubhouse Service, Inc. personal property reports and filing fees were not filed with the State of Maryland for 33+ years. The State of Maryland requires that every corporation file annual personal property reports, and a filing fee (in this case $300).

Until this investigation, the State considered it a "forfeited" corporation. During that entire period of time the Montgomery County, Md. liquor license held in the name of Maryland Clubhouse Services, Inc. was renewed annually.

Kevin Flannery, who has been a Leisure World employee for 35+ years, became Leisure World General Manager in 2004, after years of being groomed to take the place of his boss, then General Manager, Robert Sullivan. Since 2005, as President, Maryland Clubhouse Services, Inc. under penalty of perjury - Flannery began signing annual alcoholic beverage license renewal application forms and submitting $2100 of resident funds to (State of Maryland) Montgomery County Office of Board of License Commissioners for Montgomery County. Under penalty of perjury the attestations include:

State Tax Obligations

I/We hereby agree to keep current all state and local tax obligations including, but not limited to, state sales and use taxes, withholding taxes and admissions taxes. X -Agree

Attest

I/We hereby attest, under penalty of perjury, that all the information contained in the original license application are true and unchanged at this time except for information I have since submitted to DLC in writing on renewal applications or otherwise. X -Agree

As a result of this investigation, on May 12, 2017, the Montgomery County Board of License Commissioners found 2 violations against Kevin Flannery, Jolene King and Paul Eisenhaur for providing "false information on their applications and failed to update their applications in violation of the Rules and Regulations of the Board of License Commissioners, specifically Chapter 3, Section 3.0."

https://en.wikipedia.org/wiki/Perjury

The rules for perjury also apply when a person has made a statement under penalty of perjury, even if the person has not been sworn or affirmed as a witness before an appropriate official.

http://dictionary.law.com/Default.aspx?selected=1508

perjury -- n. the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) known to contain false information. Although it is a crime, prosecutions for perjury are rare, because a defendant will argue he/she merely made a mistake or misunderstood.


State regulation requires there be a State Sales & Use tax account established in the same name as the liquor license holder. Until this investigation began, no such account had ever been established.

According to the Office of Comptroller, currently there is no record that the sales tax collected on every alcoholic beverage sold in the Leisure World restaurants and bar, has been paid to the State of Maryland Comptroller.

Leisure World of Maryland Vice President Timothy Coursen and Executive Secretary Berenice Sommer both "resigned" shortly after the beginning of this investigation.

Last month, Vice President Jolene King suddenly tendered her resignation.

Flannery submitted this document in January, 2017 to the Montgomery County Department of Liquor Control Office of Regulation and Licensure. Marlene Smith states that she never knew she was "elected" or authorized her name to be an officer of Maryland Clubhouse Services, Inc.

On June 19, 2017, Secretary Marlene Smith, submitted her letter of resignation--followed by her rapid June 23, 2017 departure.



On July 5, 2017, Flannery emailed the Leisure World Board of Directors:

"Please be advised that I signed off on the Montgomery County form taking responsibility for prior years applications. Jolene and Paul signed on the application for the current renewal 2017/2018. Kevin B Flannery, LWMC : President, CEO, Community General Manager."

The Leisure World of Maryland President & Leisure World Community Corporation General Manager Position Description requires:

Kevin Flannery has violated his employment contract for which he receives a resident funded salary of $204, 000 plus all paid benefits. He must resign or his employment agreement with the Leisure World Community Corporation homeowners association must be terminated with cause.

He must resign or his employment agreement with the Leisure World Community Corporation homeowners association must be terminated with cause.

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