July 28, 2006-
TPSA MEMBERS- STRIKE WHILE THE IRON IS HOT!
Conference in September will give members the opportunity to oust
the current "good 'ol boy" leadership.
The Election Committee Chairman of the Texas Process Servers Association is sending out
absentee ballots for elections that will be held at the September 22-23 conference in Dallas.
Members now have a chance to replace the current leadership with responsible, honest
leaders that will stop wasting the members' money and promote positive changes for the
industry.
In an email to the membership, Interim Membership Director Roger Harman states his primary
duty is to increase the TPSA membership. He explains, "As we all know, we are now certified by
the Supreme Court of Texas. We no longer have to obtain 103 Orders from every court in Texas
to serve process. This was done by the strength of an association of many, not as individuals."
This statement could not be further from the truth. Individual process servers are precisely
the ones responsible for making the statewide authority to serve process possible. Leaders of
the TPSA did everything in their power to prevent the certification program from being
implemented; and they used the strength of their association to do it. This is just another
example of flip-flopping on the issues after SB 165's defeat. It's an old, well known political
trick; knowing they have failed, they are attempting to take credit for the efforts and
accomplishments of the opposition. They fought against certification before SB 165 was filed.
After it was killed, they act as if they supported it all along. These facts are evidenced by the
testimony of several TPSA leaders including its own Vice President, Carl Weeks, who is also
Chairman of the Process Server Review Board, and emails that followed the bill's death. At one
hearing on SB 165 Weeks claimed, "The TPSA has 800 members and they all support licensing".
TPSA emails immediately after SB 165's defeat stooped to name calling referring to the
opposition as "non-members", screaming zealots" and "idiots." More recently, TPSA President,
Lee Russell, thanks the Legislature for not making SB 165 law. So, which is it? Are the
opposition friend or foe?
The only reason most members ever supported licensing in the first place was because they
were not given any options. The current leadership led them to believe that licensing was the
only way to achieve statewide authorization. Despite the fact that certification was an
appropriate vehicle by which statewide authorization could be achieved, TPSA leaders betrayed
the trust of their members by continuing to speak on their behalf after certification was
proposed. In fact, many wondered why SB 165 was even filed after certification was approved
by the Supreme Court.
The reason is simple. The Supreme Court's simple program requires training every three years
and there is no fee to become certified. SB 165, on the other hand, would have made training a
yearly requirement and the TPSA's course the only course approved for that training. The bill
would have also created government regulations, extremely high fees and scores of
unnecessary rules that would have put the careers of private process servers in jeopardy. As
Chairman of the PSRB, Weeks is still attempting to achieve those goals by proposing and
supporting recommendations that would change certification into licensing. These changes
will cost process servers up to $1000.00 or more per year to be certified.
Harman goes on to say, "If we want to continue to improve and professionalize our industry and
the ease in which we can do our jobs, we must have the strength in numbers for our voice to
be heard by our legislators and senators in Austin."
His statements are puzzling. Now that certification is in effect, serving process could not be
easier and there is no longer a need for a voice at the Texas Legislature. That is, unless TPSA
leaders are secretly planning another bill designed to regulate process servers. The "voice"
he speaks of has been for the last several legislative sessions the voice of licensing. Although
Russell has assured the members that no bill has been or will be proposed, the minutes of the
last two board meetings tell a different story. According to members who have reviewed the
minutes, that is exactly what the leadership is trying to do in secret and behind the backs of the
members.
TPSA members must ask themselves, if the Supreme Court was set to implement certification
that would have allowed us to serve all writs, thereby allowing us to take even more of the
market share from the constables, why did TPSA leaders try to prevent it by endorsing SB 165?
And, after SB 165 was defeated despite their best efforts, why did they do a "180" and applaud
its death? (see PRO-LICENSING GROUP APPLAUDS KILLING OF THEIR OWN BILL) This makes no
sense.
Then there is the issue of Keith Oakley, the TPSA's lobbyist. Now that we are certified, why
does the TPSA need an expensive lobbyist? Had TPSA leaders not squandered all the
membership dues on this now unnecessary lobbyist, everyone could have attended the
upcoming conference for free instead of being asked to pay another $100.00 just to walk in the
door.
TPSA members need to seize control of their association now! They are being kept in the dark
and not being consulted on decisions that affect their ability to make a living. Those entrusted
to lead are taking advantage of the members' good faith, and that's not all. The most egregious
aspect is that these unscrupulous persons are also betraying the members by misusing the
money of the very people they purport to represent. Being forced to take the same course
over and over again year after year would do more to line the pockets of the TPSA seminar
directors than to increase professionalism within the industry. It would literally be like being
forced to repeat the same grade in junior high indefinitely.
Proof that TPSA members are being taken for a ride can be found on this site and through the
Certified Civil Process Servers Association of Texas. The CCPSAT is not a competing
association. It was only started as a response to the abuse TPSA members are being subjected
to at the hands of their so-called leaders and to prove that real leadership can be achieved
without having to pay for it. Both Texas Process Watch and the CCPSAT are maintained and
paid for with just a few dollars per month. The internet makes access to news, rule changes
and fellowship among the industry possible without the need for membership dues. Now that's
real "bang for the buck" as Harman puts it.
I also have a challenge for TPSA members. I challenge them to lead themselves and stand for
what is right. The first step is to become informed by reading the minutes of the TPSA board
meetings for the last several months. Simply request a copy be emailed to them by contacting
TPSA Secretary, Barbara Goodman, at barbara@lonestarattysvc.com. The last two meetings
alone will shed important light on the situation. The next step is to vote, either by mail or in
person at the September conference. Just like one of the most famous lines in American
history, all TPSA members need to do is "follow the money." It's your association, take charge
of it.
Nominations for TPSA officers will close August 21, 2006. The conference will be on September
22-23, 2006. Even if you don't pay to attend the whole conference, please vote ether by mail or
show up on the 23rd at 3:15 p.m. and vote in person. There should be no charge for those
members who wish only to vote. Contact your leaders for the specifics. I hope to see you all
there.
Story by:
Tod E. Pendergrass
Director, Texas Process Watch
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