Share Our Shoes                                                                                  IN THE OFFICE OF

                                                                                                                ADMINISTRATIVE HEARINGS

SHARE OUR SHOES

                                PETITIONER,

JENNIFER PIERCE –FOUNDING DIRECTOR

Vs.

NORTH CAROLINA SECRETARY OF STATE  -BRANDON TRUMEN, ROY COOPER

RE: APPEAL THE REVOCATION OF SOS CHARITABLE LICENSE

UPDATE OF EVENTS THUS FAR:

A)     APPEAL FILED BY JENNIFER PIERCE-SHARE OUR SHOES

B)     MOTION ENTERED BY STATE TO DISMISS THE APPEAL WITHOUT PREJUDICE

STATES OBJECTIONS TO APPEAL:  

                              PIERCE HAS NO AUTHORITY TO APPEAL,  

                              PIERCE HAS  HAD NO AUTHORITY TO ACT SINCE OCTOBER 2011 or TO ACT IN ANY CAPACITY

                              PIERCE HAS NO ATTORNEY TO REPRESENT HER

C)     PETITIONER –SOS, JP ENTERS REBUTTAL RESPONSE OF ATTORNEY GENERAL MOTION, TO JUDGE

D)    MOTION FOR STAY BY NORTH CAROLINA SECRETARY OF STATE and

E)      MOTION FOR ORAL ARGUMENT BY SECRETARY OF STATE-ATTORNEY GENERAL= REFERENCE THAT ELVIA GERDES IS DIRECTOR

F)     DURING ORAL ARGUMENT STATE DOESN’T CALL ITS WITNESS E.GERDES, INSTEAD MOTIONS FOR A CONTINUENCE OF THE ORGAL ARGUMENT BASED OFF OF PETITIONERS TESTIMONY (May 8^th,2012)

JUDGE ORDERS BOTH PARTIES TO SUBMIT THEIR ARGUMENTS OF WHY JENNIFER PIERCESHOULD OR SHOULD NOT LEGALLY BE ABLE TO APPEAL THE VERDICT OF THE CSL DIVISION of SEC OF STATE’s REVOCATION OF THEIR LICENSE BY MAY 30th,2012

JUDGE AUGUSTES ELKINS HAS SENT NOTICE THAT HE WILL MAKE HIS RULING WITHOUT A NEED FOR ANYMORE ORAL ARGUMENTS , and will do so any day now...

INCLUDES: statutes that have been violated on behalf of Share Our Shoes

This submission is that of formal/public record and comes with sworn testimony on behalf of Jennifer Pierce of Share Our Shoes

Sworn AFFIDAVIT of Jennifer Lynn Pierce-SHARE OUR SHOES

1)      My name is Jennifer Pierce. I am a resident of the state of North Carolina. I am over the age of 18 years of age and I am competent to make this Affidavit. The facts set forth in this Affidavit are true and correct and are within my personal knowledge. Please see corresponding evidence to further corroborate each statement.

2)      The state began the interrogatory addressing  me, Jennifer Pierce in Oct 2011

3)      Throughout the interrogatory the State directed all request to Jennifer Pierce, as the representative for Share Our Shoes.

4)      By Jennifer Pierce being addressed, they (N.C. Secretary of State)  in affect gave me all authority to act and respond on behalf of Share Our Shoes Per General Statute (NCGS  55A-1-31)

5)      The N.C. Secretary of State sites the SOS board meeting on October the 18^th, 2011, as evidence for their determination, listing Elvia Gerdes as a director of the corporation. The meeting on October 18^th, was held and conducted outside the guidelines of the SOS By-Laws and the statutes set forth in Chapter 55A of the N.C General Statutes

6)      During the course of internal investigation conducted by Share Our Shoes board members in the allegations made against me, guidelines and procedures set forth in the SOS By-Laws were not adhered to .

7)      Throughout the course of the interrogatory from the Sec.of State, information was released by representatives of their office, directly to the media and the public inhibiting efforts on my part to respond to the interrogatory to the fullest existent possible.

8)      At the beginning of the interrogatory I notified the N.C. Secretary of State (Jason Ricks and Heather Black) of violations that had occurred leading to my suspension from the BOD of SOS.

9)      In the beginning of this investigation the State was made aware by the only acting representative, responsive to their interrogatory, that the legality’s of the process in which my directorship was taken was in question.

10)   During the Secretary of State’s visit to Share Our Shoes, I Jennifer Pierce openly, without hesitation discussed allegations that my Board members failed to fully investigate and in light of public attention, speculation , and criticism ; and for the sake of Share Our Shoes at not only my suggestion the board agreed to suspend my title. The goal was to publicly with full transparency reinforce the position of everyone involved with Share Our Shoes, of our willingness to comply with all statutes and law regarding non-profit procedure and our commitment to establishing the truth. Once the investigation was over, we would have willingly released all findings regardless of verdict to the public. Example: April 8th, 2011 when of my own free will, prior to discussing with the board, I wrote a page and a half letter that I wanted to send in a news letter to donors detailing how Share Our Shoes operates, the need to liquidate and what we do with all donation both monetary and shoes.  When proposed ( April BOD Meeting) to release this letter, it was motioned by the other board members that I was not to do it. In both instances my fight to be transparent was halted by the board.

11)   During investigators visit to SOS,  I also addressed how the media edited and twisted my words during their interviews, mis-leading the public and ultimately leaving the personal venture mis-understood to be a $6000.00 tip.

12)    Investigators with the Secretary of State were given a tour of the operation of Share Our Shoes. They were also given a complete explanation of where and what certain clothing and shoes were meant for including the pre-approved personal venture set of clothing.

13)   Investigators were made aware that  clothing I brought to SOS  was never solicited on behalf of Share Our Shoes and was also inventoried and signed off by a third party, verifying the weight of the intake. (log was reviewed)

14)   The Secretary of States office, namely Jason Ricks was made aware as to the conflict as to who was on the board and who was not. I plainly stated to him that I believed my title was taken illegally and that there was something not right. I asked if while I attempted to respond to their request, if they could let me know if, in fact, through a technicality (not criminal acts) had it or had it not been taken legally, was in fact Elvia Gerdes a Director? Plainly stated in the N.C Secretary of States response to me, about this, they say that this would be completely out of their jurisdiction to determine. At the same time, they continued to address me as director.

15)   As the State during their investigation (Heather Black) stated to me about Miss. Gerdes, and SOS Bylaws state that any Director that misses 2 consecutive meetings is automatically removed. General Statute NCGS 55A-08-8j also states this as well. Elvia missed more than 2 meetings during her absence and abandonment of Share Our Shoes during September 2011-March 2012. This was said to me in the presence of Mr. Jason Ricks, by the NC Secretary of State Rep. Heather Black during one of her visit to SOS.

16)   Statement 5 of State’s Exhibit B: Elvia states she is familiar with the facts of my alleged removal from the Share Our Shoes Board in October 2011. Please see Exhibit A, a handwritten letter authored by Elvia Gerdes in which she states that “all allegations were investigated and deemed to be TOTALLY unfounded.”

17)   Throughout the course of the interrogatory there were recorded phone conversations between Elvia Gerdes and Michael Weddle, as provided by Michael Weddle to the SOS attorneys, local magistrate and the N.C. Secretary of State’s office directly, with a statement and transcript testifying as to the criminal intent captured on these tapes. These recordings indicated the intentions of Miss. Gerdes were not of good nature. At no time were these recordings and evidence provided to the state ever addressed or considered before the Secretary of State made a determination as to the validity and position of Miss. Gerdes.

18)   There are 4 or 5 unofficial SOS board meetings in the month of October 2011. None of the board meeting minutes were ever approved.

19)   In the Resignation Letter Exhibits in this sworn statement include that of Kelly Foust who officially tendered not one but TWO email letters dated October 7, 2011 and another on October 17^th. The second resignation is not that of validity or effective in any way due to two reasons: The meeting he voted the new board on, was a day after the second letter was produced and eleven days after the first. Secondly because he had resigned already on October 7^th, 2011. The resignation declines ever accepting the director position’s (plural) .  Not wanting Brian Pearl to list him as Board of Director or Executive Director on the website.

20)   The meeting notes state that Kelly Foust was present on October 18^th, 2011 and voted during the new board member election process However he was not a board member and could not vote, this Share Our Shoes (myself at this time) will need to further investigate.

21)   POST declination of any offer to join Share Our Shoes. These meetings were NEVER called to order in accordance with the SOS Bylaws or within the scope of requirement per the statues in Chapter 55A of the North Carolina General Statutes regarding “Notice of Special Meeting”

If the meetings prior had been called to order in accordance of the law, then Elvia Gerdes could have been sworn in as Secretary to The Board of Directors as stated in her affidavit and would have had the responsibility to maintain and authenticate the records of the corporation” also she could not

“act in more than one capacity where action of two or more officers is required”

See also NCGS 55a-8-41: Duties of officers

                  NCGS 55a-8-42 regarding standards of conduct for officers

22)   ** NCGS 55a-8-42(d) states that an officer is not liable for action taken as an officer, or any failure to take any action IF the officer preformed the duties of his/her office IN COMPLIANCE TO THIS SECTION.  Please refer back to NCGS 55a-8-42(a) in reference to the recorded phone conversations from January 2012.

23)   To establish the management of a corporation, the chain of command, the responsible parties who must give an account of their actions while in service to the Corporation, as well as who in the corporation HAS THE AUTHORITY to vote on proposed actions, and who can be named a DIRECTOR or not by the N.C Secretary of States office. See NCGS 55A-8-40 regarding the role of a officer/secretary to a corporation:

24)   Please see Exhibit B showing the 2010 “revised” solicitation application submitted on behalf of Share Our Shoes to the NC Secretary of State. In it Robert Seidel (Prior attorney of Share Our Shoes) states for the purposes of the application, who by definition a “Director” is, and that the office of “Secretary” is one that is listed as AN OFFICER of the corporation.

25)   SOS bylaws, Article 5, Section 1, “OFFICERS”- The Officers of the Corporation shall consist of a President, a Secretary, and a Treasurer. There also may be one or more Vice Presidents and such assistant officers as the Board of Directors deems appropriate. The President MUST serve on the Board as a Director, however, NO OTHER OFFICER SHALL BE REQUIRED TO SERVE ON THE BOARD AS A DIRECTOR.

26)   The Share Our Shoes board meeting on October 5^th  and the outcome thereof has been and is currently being officially protested per:

 NCGS 55A-08-8(c), regarding the number of directors needed to remove a director must equal the same number of directors needed to elect an director

NCGS` 55A-08-8(e); regarding a director may only be removed at a meeting called for the purposes of removing the director, and the meeting notice (which there was none) must state that purpose.

NCGS 55A-8-24; regarding Quorum and voting requirements, and per SOS bylaws, a quorum constitutes 1/3^rd of the voting directors need to be present for such a motion to carry.

Citing the Solicitation License application dated September 9^th, 2010 indicating Directors v/s Officers for Share Our Shoes, the SOS Bylaws, and NCGS chapter 55a,

I Jennifer Pierce testify and protest that:

A.- I was wrongfully suspended from the Board without opportunity to refute my accusers or present evidence supporting my reason of standing still today.

B- Elvia Gerdes is not, nor has been a DIRECTOR for Share Our Shoes

C- The Secretary of State and valid Share Our Shoes Directors failed to accurately authenticate S.O.S. Board meeting minutes that were cited as evidence for their case.

D-  The Secretary of State officials acted beyond their scope of power and authority in making determinations or rulings by naming Elvia Gerdes as a Director causing permanent harm to Share Our Shoes.

E- By so doing, caused permanent and fatal harm to the non profit I founded, Share Our Shoes. This in turn caused me personal harm and suffering both financially and emotionally, which as well gives me per general statute, standing to appeal.

F- Released information to the public and media during the course of the interrogatory further hampering any effort on our part to state the FACTS of the case in the absence of Board of Directors to aid, and as volunteer efforts are the staple of our processes, the negative and false media severely impacted any possible community support.

Despite all opposition contrary to our cause, I have only asked that the forum be made available to establish THE FACTS regarding this case, the opportunity to address my accusers publicly in a neutral court of law, a chance to exercise my legal rights to appeal The NC Secretary of State’s decision, with the AUTHORITY of my position back as President and Executive Director, so to be able to access and prepare any and all information pertinent to this case for the States office, the ORDER of the court to force former Board Members or officers; Robert Seidel, Michael Richard, and any other Board member in SOS’s history that was hired, paid, volunteered, or swore to perform a duty that has been addressed during the interrogatory, to cooperate with us in the effort to provide the requested information, and to then submit what is the response that was initially requested by the Secretary of State, in the format they so requested.

27)   NCGS 55A-8-30 and NCGS 55A-14-06b where board position, regardless of status does not constitute transfer of ownership of a corporation’s assets/property, and according to the SOS Bylaws all property/assets were to go to other local 501c3 organizations. To date there is no record of the estimated $5,000.00 Elvia Gerdes removed from the Share Our Shoes Capital Bank account ending in 6707, the $1,000 pallet jack , $3,000.00 weight scale from the warehouse, $600.00 brand new security system with cameras and dvr  box, Flat screen televisions, dvd players, ladders, tools, etc.. all in all between $15-$20,000 minimum in Share Our Shoes property/assets have been removed that were meant to go to our outstanding debts and/or other non profits in need.

28)   By addressing me personally, the Secretary of State in effect, waived any objections to my authority to act on behalf of the corporation, to appeal any unfavorable verdicts, and to continue my quest for the UNALTERED, UNBIASED, and IRREFUTABLE TRUTH to be made known concerning the course of events, and the responsibility of the validated and true boardmembers of Share Our Shoes.

29)   The deviated and compromised procedures and statutes violated by the Secretary of State throughout the entirety of this interrogatory included but were not exclusive to a breathalyzer given to me in the lobby of the N.C. Secretary of States office. (Resulting in a 0.00% Alcohol Level. (Due to the constant series of events with Miss. Gerdes,  I had a tape recorder in my diaper bag and hit record on it during this improper treatment by Lead Investigator John Lynch. I knew at that point, the level of my integrity and character was being challenged and questioned because of my past record as a result of my past life during my active addiction.

30)   There was a report made by investigators with the Secretary of States five days later on the same day as the revocation of license was made. Officials contacted child protective services, in attempt to have my children removed from my care. The testimony per official with Child Services was that I was under the influence of drugs and alcohol when they arrived at my home, there were piles of trash and that my house was full of a smell of drugs and alcohol and was a danger zone for my children.

31)   This report was deemed as a attack of someone who did not care for me to much, stated to be bogus and was dropped.

32)   I asked the social worker if she would give me a drug test to prove my lack of drugs as being accused. She said there was nothing to back up the report that was made and that her agency would not pay for that.

33)   I willfully took a Hair follicle Drug test and present that as evidence today. It is a test that covers 6mth - Year time frame of any illegal drug activity and is completely NEGATIVE. (Praise God!)

I ask that based off of the testimony thus far, that I be granted a fair trial of the Share Our Shoes license.

I ask that Elvia Gerdes be made to return the funds taken out of the Share Our Shoes account so that I may afford legal counsel.

I ask that The Secretary of State do whatever is in accordance of the law to protect me, share our shoes, and its donors regardless of my past.

I ask that The Secretary of State turn over the original documentation that I submitted with the records request so that I may pled my case.

I ask that The Secretary of State disclose any emails or correspondence with Robert Seidel and that they used in this case such as Hazzam Sider, of Hudda Footwear for me to further my investigation on behalf of Share Our Shoes.

I ask that The Secretary of State reverse their decision to revocate Share Our Shoes license, help its funding needs to recuperate and clear my name of the allegations that have been made. The N.C . Secretary of States office have more than enough information signed off by licensed CPAS to know that I do not owe Share Our Shoes any money, nor did I do the things that were alleged.

If they need my help understanding something’s, I have more than shown that I am more than happy to help. Please Your Honor help me make what’s right, right by ruling to give me a chance to prove that Share Our Shoes does deserve to have a solicitation license and to still operate.

Share Our Shoes gave OVER a half a million people in need a FREE pair of shoes, IN JUST TWO SHORT YEARS!

Maybe I’m crazy, but to me, that’s AMAZING!

REFERENCED RECODINGS IN THIS AFFIDAVIT CAN BE FOUND onwww.ShareOurShoes.org  (Bottom of Page)

Very Truly His,

Jennifer Pierce

Faith Trumps Fear @ GMAIL.COM

            919-247-4417