P.O.

Box 1015, Wilmington, MA 01887-'10'15 " Phone: (978) 645-1919

Fax (978) 984-5310 " e-mail: mfzger@comcast.net

MSCFgAEt F. ZELTEN
Grand Exalted Ruler

g{s{&
EXECUTEVE ORDER f..{O. 16-065
A Fraternal Qrganization

TO TI.IE OFFICERS AND MEMBERS OF

CAFE CORAL, FLORIDA LCIDGE 20.2596

Pursuant to the authority vested by Article lV of the Constitution of the Benevolent and
Protective Order of Elks, Section 9.160 of the Laws of the Order and after consent of the Board
of Grand Trustees, and with the concurrence of State Sponsors C. Valentine Bates, Past Grand
Exalted Ruler; Robert Grafton, Past Grand Exalted Ruler and Michael F. Smith, Past Grand
Exalted Ruler, I do hereby SUSPEND THE CF{ARTER of Cape Coral, Florida Lodge No. 2596
effective this date for the following reasons:

1.

On October 23,2013 pursuant to Executive Order No. 13-075, Cape Coral, Florida
Lodge No. 2596 was placed on probation by reason of failure, among otherthings, to maintain a
souncj financial condition by showing a lack of financial management skills and excessive
losses. ln said Executive Order the Lodge was directed:

(a) "The Officers and Members of Gape Coral, Florida Lodge No. 2596 shall
address the operations of the Lodge, Home or Club and the financial
workings of all entities".

(b) "The Trustees/Board of Directors of Cape Coral, Florida Lodge No. 2596
shall review the budget versus actual of the Lodge, Home or Club on a
monthly schedule and take immediate steps to bring the Lodge, Home or
Club into at least break even status."

(c) "All Officers enumerated in Article Vll, Section 2 of the Constitution shall fulfill
their respective responsibilities as set forth in Chapter 12, Subordinate Lodge
Officers, of the Laws of the Order and as directed in the Executive Order. All
Officers have the primary responsibility of personal conduct which reflects
credit on the office, is above reproach and sets a positive example for the
membership of the Lodge."

(d) "The Lodge is hereby directed to utilize an approved and acceptable monthly
profit and loss statement and Budget versus Actual statement for the Lodge,
Home or Club, and any other entities identified with Cape Coral, Florida
Lodge No. 2596. These statements shall be submitted monthly to the
Trustees and State Sponsors, C. Valentine Bates, Past Grand Exalted Ruler,
Robert Grafton, Past Grand Exalted Ruler and Michael F. Smith, Past Grand
Exalted Ruler. The Exalted Ruler, Lodge Secretary and Lodge'Treasurer of
Cape Coral, Florida Lodge No. 2596 shall be responsible to ensure that
these repofts are transmitted promptly.".

Benevolent anel Fn'oteetive @nder of Eflt<s o Gnand Lodge

, I Cyfrg:-;,,''

SIrAgfe

Executive Order No. 16-065

Page 2 of 3

2.. Notwithstanding such Executive Order, Probation and Directions the Lodge has
failed to comply with the Executive Order in the following regards:
(a) The Lodge has continued to lose money and as of monthly bills average

$24,000. Payroll is $12,000 every five weeks and as of October 14 there

were no funds in the operating account and there was approximately
$14,000 in bills being held. The Lodge has only about $103, 700 in a money
account and in reserves.

(b)

During the period from February to August, 2016, no profit and loss
statements were provided to the Special Representative or the State
Sponsors. Because of the inability to produce such profit and loss
siatements, the State Association's auditor had to go through the books and
records of the Lodge. During such period of time the Trustees of the Lodge
were unable to review profit and loss or comparisons with actual budget
versus actual expenses. During such period six of the lodge officers
resigned. A full slate of officers was unable to be secured until October.

(c)

Notwithstanding the Constitution and Laws of the Order, in 2015 the Lodge
elected to membership one who was and presently is not a citizen of the
united Sfafes. Ihe application for membership disclosed that the individual
was not a citizen. ln 2016 the Lodge elected such individual as Leading
Knight. The Special Representative appointed pursuant to Executive Order
No. 13-075, has been unable to find any records of such individual's
orientation, initiation or an assignment of a membership number.

Further, it is directed that all Officers of the Cape Coral, Florida Lodge No. 2596 are suspended
from office. The three (3) Trustees, named herein, will be appointed to supervise the building
and insure it from break-ins or burglaries or damages or other adverse happenings.

All of the Members of Cape Coral, Florida Lodge No. 2596 are refrained from aitempting to use
the facility or entering it during the period of suspension and the Trustees herein appointed will
take possession of a-ll the noofs and records of the social facility and the Lodge records and
secure them at a location other than the Danville Lodge building'
The Trustees herein appointed shall arrange to sell all of the furnishings owned by ihe and shall
consider securing the'services of a licensed realtor to sell subject to the approval of the Grand
Board of Trusteei the building and real estaie upon which it is located'

The Trustees herein appointed will make sure that the heat and electricity will, remain "on" at
the building and the bills will be paid from whatever funds the Lodge presently has, which the
Lodge is to turn over to such Trustees.

Executive Order No. 16-065

Page 3 of 3

The following Members are appolnted as Trustees to provide and carry out the duties herein
set forth:
Samuel L. Wenzel, PDDGER
Chairman, Trustee
25459 Kowloon Lane
Punta Gorda, FL 33983-6085

Philip Gersbach,

Trustee

PDDGER

Circle
33913

11554 Meadowrun
Ft. Myers, FL

Thomas C' Johnson, DDGER

Trustee
6159 Gillot Blvd
Port Charlotte, FL 33981

The Trustees shall report the Lodge's progress every thirty (30) days to this office and to the
State Sponsors. Said Trustees shail have futt and complete authority to review any and all Lodge
records and/or books; to have final authority to review and approve all bills incurred by the
Lodge before paying.

The Grand Secretary is hereby directed to mail a copy of this Order to the Members of the Cape
Coral, Florida Lodge No. 2bg6 and it is further directed that a copy of this Order by placed on
the bulletin board maintained by the Lodge until such time as a sale of the Lodge is closed.
This Order shall remain in fullforce and effect subject to further Order by this office.
Executed this 20th day of October, 2016 in the City of Wilmington, County of Middlesex, State of
Massachusetts.

Michael F. Zellen
Grand Exalted Ruler

cc:

C. Valentine Bates, PGER

Robert Grafton, PGER
MichaelF. Smith, PGER
Bryan R. Klatt, Grand Secretary
Hugh H. Scanlon, Chairman, Board of Grand Trustees
Larry S. Shaver, Vice-Chairman, Board of Grand Trustees
Geohrey B. Dobson, Area 3, Committee on Judiciary
Winston Needham, PMGER, Coordinator, SpecialRep'' FSEA
Doris Waddell, PDbGER, DDGER Coordinator, Special Rep', FSEA
Thomas C. Johnson. DDGER, Florida South Southwest District 2020, Trustee

Samuel L. Wenzel, PDDGER' Trustee

Philip Gersbach, PDDGER, Trustee
Johri C. Harris, President, Florida State Elks Association, lnc'
Carl T. Seiberi, Secretary, Florida State Elks Association, Inc'
Rosemarie Falion, Exalted Ruler' Cape Coral, FL Lodge No' 2596
Carol Peppers, Secretary, Cape Coral, FL Lodge No' 2596

PERSOhTAL PR.OGESS

Rosemarie Fallon, Exalted Ruler

Cape Coral, FL Lodge No. 2596
5101 Avalon Dr
Cape Coral, FL 33904-5802

gEBVleE
Carol Peppers, Secretary
Cape Coral, Florida Lodge No. 2596
1228 SW 26th St
Cape Coral, FL 33914-4194