OCEAN PINES – A motion to ban former board member Tom Janasek from the association’s food and beverage amenities highlighted a special board meeting held last week.
Citing the need for counsel review, the Ocean Pines Association (OPA) Board of Directors voted last week to table a motion to remove Janasek from the community’s food and beverage amenities. The motion, introduced by Director Larry Perrone, followed an altercation that occurred between Janasek and Director Josette Wheatley on the evening of May 20.
“On that date, Mr. Janasek verbally accosted Director Josette Wheatley and her husband at the Tiki Bar at the Yacht Club,” Perrone said.
On May 25, the directors held a special board meeting to go into closed session for the purposes of discussing general manager candidates and the performance of Board Secretary Rick Farr. Before a motion was made to go into closed session, however, Perrone introduced his motion for removing Janasek from food and beverage amenities. The motion was ultimately added to the agenda in a 6-1 vote, with Director Doug Parks opposed.
“I move that the Board of Directors give direction to General Manager [John] Viola to make the ban that will be instituted on Tom Janasek, prohibiting him from entering the Beach Club, Yacht Club and Golf Club for one year from the date he is notified,” Perrone said.
During discussion, Perrone described the altercation that occurred between Janasek and Wheatley the evening of May 20. While he didn’t dispute what had occurred, he said there were some questions as to whether the board could reprimand Janasek.
“There’s no question that it had happened …,” he said. “The discussions that we’ve had to this point are whether or not our documents give us the ability to render punishment for actions of this nature.”
A report filed with the Ocean Pines Police Department describes the series of events that took place between Janasek and Wheatley the evening of May 20. According to the report, Wheatley and her husband had approached Janasek at the Yacht Club’s outdoor patio when the incident occurred.
“Mrs. Wheatley stated that after she and her husband received their drinks, they went over and said hello to Rich [Kelly] and Mr. Janasek,” the report reads. “Mrs. Wheatley said Mr. Janasek stood up and said, ‘I’m going to do it.’”
According to the police report, Janasek then began yelling at Wheatley.
“Mr. Janasek stood over her and began yelling loudly at her because she did not vote for Doug Parks as President for their Board of Directors,” the report reads.
Wheatley’s husband attempted to intervene while Janasek continued to yell at Wheatley, according to the police report. When attempts to separate Janasek from Wheatley and her husband failed, Janasek was escorted from the property. The report also states that Wheatley felt threatened and had requested an investigation of the incident.
In last week’s special meeting, Perrone said the association had banned one community members from association amenities in the past. He also highlighted another incident involving Janasek.
“The incident is the second incident where Mr. Janasek verbally accosted a person at the food and beverage amenity,” he said. “The prior incident involved the general manager, John Viola, and that incident resulted in a complaint to the Board of Directors.”
While he acknowledged the governing documents gave the board no authority in reprimanding Janasek, he said a section of the bylaws highlighted the board’s responsibility to safety.
“I understand all the issues, but as a board it’s my position we have an obligation to protect the community and we have the right, under the other legal clause portion of the bylaws, to give the general manager direction here,” he said.
Perrone last week explained the association’s attorney, Jeremy Tucker, had advised against such action, and that Viola had expressed concerns about litigation. He added that the board had also received a letter from Matt Ortt Companies – the Yacht Club’s food and beverage operator – outlining their decision to issue Janasek a first warning. To that end, Perrone moved to table his motion, and the board voted unanimously.
“The Matt Ortt Companies agreed if we make this decision to enforce a one-year ban, they will comply with our direction, but the direction will be Ocean Pines’, not Matt Ortt’s,” he said. “All that being said, after talking with counsel and understanding we received that letter today, I’m going to move we table this motion so that our counsel has an opportunity to review and analyze the letter we received today and that the board receive a briefing on our options.”
When reached for a comment this week, Janasek asserted Perrone had turned the incident into a larger issue.
“It was a discussion at the bar, which turned into an argument, which turned into a shouting match. I’ve since apologized to Josette, and I thought the issue was over,” he said. “But Larry decided he wanted to keep pushing buttons and picking on me …”
Janasek continued, “I’m not a board member any more, I’m an association member who pays their association fees. I’m in a public place. If I want to speak my mind, as far as I know the Constitution allows me to do so.”
When contacted this week, Wheatley declined to comment on the incident.
“I am refraining from comment as this topic remains open to investigation,” she said.
