In an amended complaint, Sitnasuak Native Corporation included Marie Tozier, who is seeking election to the SNC board of directors, in its pending civil lawsuit, aiming to remove three sitting directors from its board of directors for alleged breach of fiduciary duties of loyalty.
The directors named in the original complaint, which was filed in Anchorage on August 16, were Charles E. Fagerstrom, Edna Baker, Barbara Amarok.
With upcoming SNC board of directors elections scheduled for Sept. 30 in Anchorage, the amended complaint seeks injunctive relief that proxy votes cast for Marie Tozier and Barb Amarok are to be not included in the tally.
After a June 3 election was not held due to lack of quorum, a Sept. 30 SNC general meeting and election date was called.
Four board of director seats are up for election.
Amarok and Tozier, among other candidates, were both on the proxies for the June 3 election. However, since the lawsuit emerged, the SNC board of directors has not approved Tozier and Amarok’s names to be on the proxy.
Both decided to run a write-in campaign.
The amended lawsuit alleges that Marie Tozier was part of a scheme to send an anonymous proxy solicitation to Sitnasuak shareholders prior to the June 3 meeting. The complaint states “the anonymous proxy solicitation misinformed Sitnasuak shareholders and damaged the corporation.” The complaint also alleges that Amarok and Tozier “recently published another false and misleading proxy solicitation on Facebook and in the Nome Nugget” and that it asks shareholders to write in Amarok and Tozier on Sitnasuak’s board-solicited proxy.
At the heart of the lawsuit is a mailer that was sent out under the name of…
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