Hopes For Reform At NRA Dashed

When the NRA Board of Directors meeting ended on the Monday after the NRA Annual Meeting many, including me, had high hopes that reform was finally coming to the organization. Reformers had won two out of three of the officer positions, the EVP, and a majority on the Nominating Committee. This was on the heels of the resounding victories of the Four for Reform. Doug Hamlin, the new CEO and EVP, started making good changes and signaled a new openness.

However, as I noted at the end of May, how newly elected NRA President Bob Barr handled committee assignments would be the key to showing the court in New York just how much the NRA had changed and embraced reform. I went on to add that Charles Cotton and David Coy must not be allowed to serve on the Audit and Finance Committees respectively.

I began to be more than a little concerned when it came out that Barr had made Cotton the new chair of the Ethics Committee. That was the harbinger of more to come as it became obvious that Barr had ignored his mother’s warning about running with the “wrong crowd”.

Yesterday, Barr’s appointments to the Audit, Finance, Ethics, Bylaws and Resolutions, and Legal Affairs Committees were announced.

NRA President Bob Barr has announced some committee assignments:

Audit

Charles Cotton – Chairman
E. Wilkinson – Vice Chairman
Charles Beers
Curtis Jenkins
Rocky Marshall

Bylaws & Resolutions

Carol Frampton – Chairman
Charles Cotton – Vice Chairman
Scott Bach
Bob Barr
Larry Craig
Joel Friedman
Jim Wallace

Ethics

Charles Cotton – Chairman
Joel Friedman – Vice Chairman
Clel Baudler
Jay Printz
Barbara Rumpel
Mark Vaughan

Finance

David Coy – Chairman
Ron Schmeits – Vice Chairman
Joe Allbaugh
Bill Bachenberg
Isaac Demarest
Patricia Clark
Allan Cors
Charles Cotton
Joel Friedman
Curtis Jenkins
Carolyn Meadows
Bill Miller
Buz Mills
Amanda Suffecool
Mark Vaughan

Legal Affairs

Sandra Froman – Chairman
Scott Bach – Vice Chairman
Bob Barr
Charles Cotton
Carol Frampton
Charles Hiltunen
Curtis Jenkins
John Sigler

The first thing you will notice is that Charles Cotton is on every single one of these important committees and retains his chairmanship of the Audit Committee to go with his newly appointed chairmanship of the Ethics Committee. The next thing you notice is that David Coy has retained his chairmanship of the Finance Committee.

The only one of the Four for Reform members to be appointed to any committee was Rocky Marshall who was appointed to the Audit Committee. I find this disappointing as their election is being used by the NRA in its court filings to assert that things have changed and no special monitor was needed. While Rocky’s appointment is good and proper, why was not Jeff Knox put on Bylaws and Resolutions as he probably knows more about the Bylaws than any member of that committee. Likewise, would not it have been wise to put Judge Phil Journey, the only jurist on the Board, on the Legal Affairs Committee.

With the exception of the Finance Committee which has has four known reformers on it (out of 15 total members), the remaining committees have one and perhaps two known reformers on them. If Barr wanted to signal to the members of the NRA and to Judge Cohen that things had changed at the NRA, this certainly was not the way to do it.

While I don’t have a crystal ball on what will happen in the remedial phase of the New York trial, I think the odds are better than even that a special monitor will now be appointed to oversee the NRA’s finances. It should be noted that this monitor will have nothing to do with functions and programs of the NRA including its political functions. While this will put me at odds with some friends on the Board who are reformers, I think that the special monitor will be a requirement if the NRA is ever to crawl out of the morass it finds itself in.

UPDATE: I can fully understand the frustration that Judge Phil Journey must have felt that caused him to file a motion to intervene in the New York trial. That was on July 3rd and he obviously saw things that are now only coming to light. It has been suggested to me that the appointment of Charles Cotton to head the Ethics Committee was specifically meant to go after Judge Journey for having the temerity to break ranks.

Stephen Gutowski has more on Journey’s motion here along with the NRA’s denials.

Now On To NRA Committee Assignments

The real work of the NRA Board of Directors is done in the various committees. These committees range from the Audit, Finance, and Ethics Committee to Outreach, Federal Affairs, and Legislative Affairs. Officially, it will be new NRA President Bob Barr who selects the members for all these committees. More on that later.

There is also the Special Litigation Committee, the Nominating Committee, and the Executive Committee. This last group of committees had its members selected at the Board meeting after the Annual Meeting. The Special Litigation Committee is, by default, composed of the officers. (see correction) The Nominating Committee is a nine-member committee with reformers holding a 5-4 majority. It will now be chaired by Charlie Beers who is Chairman Pro Tem (highest vote getter).

Going back to 2019, you may remember that a number of reformist Board members were purged from their committee assignments for asking the wrong questions and given no committees upon which to serve. This was done by former NRA President Carolyn Meadows presumably with the approval of then-EVP Wayne LaPierre. Among those purged from their committee assignments were Esther Schneider, Tim Knight, Sean Maloney, Duane Liptak, and Allen West. All five ended up resigning from the Board. This retaliation against these Board members became an issue in the New York trial. The jury found that the NRA had retaliated against them in violation of New York’s whistleblower law. The video deposition of Carolyn Meadows on retaliation helped in this finding.

NRA President Bob Barr has a unique opportunity to show Judge Joel Cohen that the NRA has reformed enough that it will not need a special monitor. He can grab this opportunity if and only if he does certain things. First and foremost, he should consult with Bill Bachenberg and Mark Vaughan on the appointment of committee members and make these appointments in a balanced manner such that reformers are fairly represented. For example, I think Rocky Marshall, one of the Four for Reform, has the requisite knowledge and experience to be valued addition to the Finance Committee. Likewise, who better than a judge like Phil Journey to serve on Legal Affairs. Additionally, the appointment of the chair and vice chairs of the committees needs to be even handed.

Second, Barr needs to be transparent in his appointment of committee members. In the past, the composition of committees was rarely, if ever, disclosed. This needs to change. The members of the NRA deserve to know who is serving on each and every committee whether it is a Board member or an outside appointee.

Finally, and this is a critical point, Charles Cotton and David Coy must not be allowed to continue to serve on either the Audit or Finance Committees. Their abdication of their fiduciary duties while heading the Audit and Finance Committees was one of the reasons that the New York Attorney General’s Office was able to a) bring the lawsuit in the first place and b) successfully win their case with the jury. Allowing either of them to continue to serve on these important committees would send a sign to both Judge Cohen and the membership of the NRA that the leadership of the NRA was not serious about cleaning up the organization. Members and potential members will continue to keep their wallets closed if they remain in place. Frankly, I think the greatest service that they could do for the NRA which they profess to love would be to resign from the Board altogether.

CORRECTION: I was wrong in assuming that the Special Litigation Committee members were selected by position. That is that it was to be composed of the President, 1st VP, and 2nd VP.

According to a Board resolution in January 2021, the SLC was to be composed of Carolyn Meadows, Charles Cotton, and Willes Lee. That all three were officers was merely coincidental. After then-1st VP Willes Lee resigned from the SLC, it was later reconstituted by Board resolution to add David Coy and perhaps Bob Barr.

The key thing to remember about the Special Litigation Committee is that it only concerned matters dealing with the New York Attorney General’s case against the NRA. The rationale for even having it was that given the NRA’s then-CEO/EVP Wayne LaPierre and then-General Counsel John Frazer were named defendants in the case their participation in decision making regarding the case would be a conflict of interest.