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Ballots for the Alternate Slate Were Never Counted

January 26, 2013

RPO, Inc. board secretary Jules Smith confirms that the ballots for the alternate slate were NOT counted but apologizes for Ms. Rice’s behavior at the annual meeting of members: 


From: Tom Fink <>
To: Eileen Buholtz [and other recipients] 

Sent: Friday, January 25, 2013 9:57 AM
Subject: RE: RPO annual meeting


I got a call from Jules Smith yesterday. He apologized for Rice interrupting me and not letting me make my full statement. He also indicated she should have let Eileen and Kishan talk as we had agreed.  When asked, he acknowledged that the marked up ballots were not counted and disqualified as not being in conformance with the by-laws. I believe some members would be surprised since the indication was that they would be counted.


Thomas A. Fink, Esq.


Davidson Fink LLP

28 East Main Street, Suite 1700

Rochester, NY 14614

Phone:  585-546-6448

Fax:      585-546-8125 


From → Uncategorized

  1. ted cichanowicz permalink

    my impressions of Ms Rice since the beginning of this fiasco is that she is pretty arrogant and abrasive. As for Charlie, I think it best if both he and she stepped down, for the good of the ORCHESTRA. Their continued presence is like a sliver that keeps festering and won’t allow healing. Right now the whole organization needs healing. They got their way for better or worse…now its time to let someone else run the show. Their lack of interest in doing this correct thing speaks volumes as to what is most important to them. I read about Remmereit betraying the trust of some musicians. I want to know exactly what that means. We continue to get no legitimate read from his ‘haters’ as to what he did to create this animosity. It would really be helpful to get some closure. Rather all we get is we are babies; we should just move on….etc. There are over 500 written comments from supporters that have been totally ignored or fluffed off as insignificant. I don’t think they are. When the musicians start to dismiss their audiences (who buy the tickets) as less important than they are, there is a problem that needs correcting.

    A lot of this would go away if someone would come forward and tell us what is so awful about the ex-Music Director. It truly would help. Its what we are looking for. If its legitimate, then most assuredly its time to move on.

    But there definitely should be a huge apology by Ms Rice to the attendees of the annual meeting. Her behavior was unacceptable.

    I would also like to note that I have not ‘picketed’, leafleted, booed, or withdrawn my support to the orchestra. I have all my tickets…although I did not go to the Mozart concert. I just want fairness…and we aren’t getting it. I want to give the musicians the benefit of the doubt, but I really want some specifics. This has been one of the most one-sided public displays I have seen in some time.

  2. Peter Maurer permalink

    I think the only way Ms Rice will do anything but what she wants is if a court orders her to do so. And I’m not sure even that would do it.

    Of course, the fact that a misappropriation of funds, or even proof that she lied during this period may also make her unwilling to give up her position. If the alternate slate was elected, they could do a fair amount of digging to see exactly what has been going on the past several years.

  3. Jennie Oberholtzer permalink

    Why am I not surprised? I kept asking the Bonadio guy who was collecting ballots if they would really be counted. He never answered my question! I gave Mr. Fink my ballot in the end. I was told there were no refunds when I turned in my tickets for Mozart and two other formerly-Arild concerts in May. Now I guess I have to storm the castle to get my actual money back. This has just all made me never want to set foot in Eastman again. For them to wait until the day after the Annual Meeting to fire him just stinks of total corruption. And Margaret Thatcher has nothing on Betsy Rice…talk about The Iron Lady! I was sitting in the front row and almost got frostbite from her!

  4. Let us calm down and analyze this situation. If the write-in ballots had clearly been in the minority, would they have had any motive for not counting them? They would have won anyway, and would have avoided a potential legal challenge. How many of you think they deliberately decided not to notice the size of the pile of write-in ballots before deciding to reject them. Please raise your hands.

    • ted cichanowicz permalink

      So what are you saying then? Guess I’m thick as a brick. Are you saying there WERE enough write-in votes or not????????

  5. My answer to Ted is that we will never know unless the ballots can be impounded and recounted. I merely suggest there is some reason to believe that the write-ins could have been a majority.

  6. ted cichanowicz permalink

    Given the way things were handled, I think that may have been the case as well.

  7. Will everyone posting remarks here please also forward them to each of the editorial directors of local publications so that they will have some chance of being seen by a wider audience. It is IMPORTANT that this story not die simply due to exhaustion/ fear on the part of those who disagree with the RPO administration.

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