MANAGEMENT BRIEFS LEGAL CORNER Lawyer warns bad manners insufficient to bounce member By NANCY SMITH Even the vulgar and filthy are entitled to respect, according to a court. CLUBCORP OPENS EASTERN OFFICE The court recently held that a male country VIENNA, Va. — Club Corporation club member, who allegedly used the "F" of America has opened its newly es- word to describe women golfers, still de- tablished Eastern regional office here served a fair hearing before being expelled. in Tycon Tower I/Tysons Corner to In Aluisi v. Fort Golf and Coun- oversee operations for the more than try Club, the California Court of Appeal ruled 90 CCA clubs in the Northeastern and Crosswater at Sunriver is the newest addition to the growing Destination Hotels family. that member Terry M. Aluisi had been im- Southeastern . CCA has properly kicked out of his club because the owned the Tower Club since 1994. board did not give him proper notice and an The end of the line is profits for opportunity to confront witnesses against him. PALM-AIRE NAMES COLLINS GM Although the identity of the women who POMPANO BEACH, Fla. — Palm- complained about Aluisi's conduct was kept Aire Resort Management Corp., has Destination Hotels and Resorts confidential because they were afraid of him, named W. Gary Collins president and the court held Aluisi had a right to confront general manager of Palm-Aire Coun- By PETER B LAIS his accusers before losing his membership. The suit stemmed from a 1990 incident i^N i imikw, iiji i ¡i try club- Collins NGLEWOOD, Colo. — The recent opening of Bob Cupp-designed involving allegations of cheating at golf by HHHB has been in the Crosswater, an 18-hole golf course at 's Sunriver Resort, is club and resort just a taste of things to come for Destination Hotels and Resorts. Aluisi's wife. In response, Aluisi allegedly E told his wife, in a loud voice heard by a group management The Denver-based subsidiary of Lowe Enterprises, a national real-estate business for 20 services company, plans to open a major golf resort/community complex of nearby women members, that she should years including every 12 to 18 months into the foreseeable future, according to Vice President not play with "those f—ing old women." He stints with Club of Marketing Tom Goodwin. also reportedly said his wife should advise the women as to certain sexual conduct they Resort & Manage- "We have development deals that are close to being completed in ment, Dye Club and ," Goodwin said. "We should be able to make an announcement by should perform on themselves. Gary Collins Management and the end of the year." The incident prompted a complaint let- ClubCorp of America. The 1,600-acre Destination Hotels and Resorts manages commercial hotels and resorts ter by the women's board to the club's Palm-Aire community includes five from the East Coast to . Golf courses are an integral part of several governing board. The identity of the com- golf courses, 37 tennis courts and two properties: plaining women was not revealed, how- full-service clubhouses. • Sunriver near Bend has three courses — Crosswater, North Woodlands ever, because they claimed to be afraid of and Cascades. Aluisi. After determining that the corn- CMAA HEAD RECERTIFIED • The Inverness Hotel and Golf Club (GC) in Denver includes Press Continued on page 37 ALEXANDRIA, Va. — Club Manag- Maxwell-designed Inverness GC. ers Association of America Executive • Wild Dunes outside Charleston, S.C., features two Tom Fazio layouts, the Nancy Smith, J.D., is an attorney prac- Vice President James Singerling has world-ranked Links Course and challenging Harbor Course. ticing in Pasadena, Calif. Her "Legal Cor- been recertified as a Certified Club "Golf will be a major focus in our future resort-side development," Goodwin ner" feature will appear in these pages on Manager (CCM). A 22-year veteran of Continued on page 37 a regular basis. You may call her with story the private club industry, Singerling suggestions/queries at 818-585-9907. has served as CMAA executive vice president since 1990. Prior to that MARKETING IDEA OF THE MONTH he was chief ex- ecutive officer of Robert Trent The art of bartering creates a masterpiece in N.J. Jones Sr. Interna- tional Corp. and By PETER B LAI S served as general CRANBURY, N.J. — The art of barter- manager of Coral ing can reduce costs and boost sales for James Singerling R[dge Country many golf courses. Club in Fort Lauderdale, Fla. He is on "Trade-outs are a very underutilized the National Golf Foundation board of way of doing business," said Rich Katz, directors and served on the scholar- vice president of marketing for Billy ship and research committee for the Casper Golf Management (BCGM). Golf Course Superintendents Associa- Katz's most recent horse-swapping ex- tion of America. perience came at Cranbury Park Golf Club (GC) in Cranbury, N.J. As of July 15, Caspér was able to increase rounds by 33 SULLIVAN TAKES CALIF. POST percent over the same 6 1/2-month pe- ELDORADO HILLS, Calif. — West- riod a year earlier. ern Golf Properties has named Tom Course owner Sky Court Ltd. of Japan Sullivan general manager of Serrano hired BCGM to manage the facility last Country Club, part of the master- year. Casper went to work immediately. planned Serrano El Dorado commu- An $800,000 capital improvements and Trading rounds for television ads got Cranbury GC the exposure it needed to become a success. nity being developed here. Serrano renovation plan brought a new irrigation do such a great job marketing the thing. spots during ESPN's coverage of PGA includes a Robert Trent Jones Jr.-de- system, continuous cart paths and remod- Same with Cranbury and BCGM, despite and Senior Tour events as well as time on signed golf course. Sullivan previously eled clubhouse. Casper imported a new all the changes. "Improve it and they will the early-evening editions of served as clubhouse consultant to the superintendent to oversee the various come" doesn't necessarily work in an area, SportsCenter. Paiute Indian Tribe in Las Vegas and projects and the company provided daily like central New Jersey, already endowed "Television advertising on tournament club manager for PGA West in LaQuinta, oversight from its Vienna, Va., headquar- with a healthy supply of golf courses. events maximizes the captiveness of the Calif. He has also worked for Walt Disney ters. Katz contacted the local cable televi- audience we're after," Katz said. Productions, Hotel Corp., and La But no one would come see the Eiffel sion company about advertising. He was For its part, the cable company was Quinta Hotel Golf & Tennis Resort. Tower if the French tourist board didn't particularly interested in obtaining local Continued on page 36 MANAGEMENT

damental fairness because he did not have mony violated his right to fair procedure," Aluisi had no opportunity to respond clearly Obnoxious golfer full notice and an opportunity to be heard. the court wrote. Also, the board acted im- deprived him of a procedurally fair hear- Continued from page 35 The Court of Appeal analyzed several properly when it raised and considered mul- ing," the justices wrote. plaint had some merit, the board sus- statutes which apply to golf clubs as pri- tiple issues in its private meetings that were The argument by the club's attorneys pended Aluisi's membership. The board vate, non-profit organizations. The court never disclosed to Aluisi. He had no chance to that Aluisi would have been expelled even gave him notice of a hearing in which his found that the California Corporations address the undisclosed allegations. without consideration of the extraneous expulsion would be considered. Code requires expulsion hearings to be "Aluisi was not given an opportunity to matters was rejected. The court's review of The notice of hearing only mentioned the conducted "in fair and reasonable man- defend himself against serious accusa- the board's records indicated that its deci- 1990 incident. No mention was made of the ner." Such hearings are considered "fair tions that he was disqualified from a golf sion was made on the overall review of even three prior complaints about Aluisi's con- and reasonable" if the member is given tournament, had been banned from an- the improperly considered matters. duct, including threats to "bust" a board 15 days notice, if the club articles or other course, violated parking regula- The "business judgment rule" did not member's face, "mash" another's face or throw bylaws describe the hearing procedure tions, intentionally drove into people with protect the board because a denial of a fair another through a window. When the hear- and if the member is given an opportunity his golf cart, got in a public fist fight with hearing prejudiced Aluisi. When procedural ing was conducted, Aluisi presented a de- to be heard. Fairness also requires the his brother and that his father was a rules are not followed, the court ruled, a fense. He denied using the offending lan- opportunity to confront and cross-exam- lecherous felon," according to the court. board cannot claim it was making a discre- guage in the 1990 incident. He denied ever ine witnesses, the court held. The court was offended by the manner in tionary decision to overcome the error. threatening anyone. He complained about The court found the names of the wit- which the board members had talked be- The court ruled that the club reinstate not being given the names of his accusers. nesses against Aluisi were withheld. 'The hind Aluisi's back. 'The board's consider- Aluisi's membership until he could be The board heard Aluisi's comments and refusal to permit Aluisi to confront the com- ation in closed session of unnoticed and given proper notice and a full hearing on then adjourned to a closed session. In the plaining witnesses and examine their testi- undocumented matters regarding which all charges against him. closed meeting, board members dis- cussed numerous incidents which were not disclosed in the notice to Aluisi about ( \ the hearing. Board members not only Natural Disasters Happen discussed the 1990 incident but also talked about the alleged threats and vari- (and we mean in addition to your score!) ous other matters, including allegations of lechery by Aluisi's father and a fist fight between Aluisi and his brother. At the private meeting, the board voted to expel Aluisi based on "this complaint and prior complaints." Aluisi sued, claiming he had not been given a fair hearing. The trial court agreed. On appeal, the reviewing court also agreed that Aluisi had been denied fun- TURF SPREADERS Developed for wider working widths,for: Golf Courses, Athletic fields, Parks & Recreation, Schools, Contractors. Powered by PTO, hydraulics or self-contained 20hp engine. Destination Hotels Preserve your Golf Course Spreads material up to 60'. Capacity 4V2 yards. Will spread Continued from page 35 ^ With accurate mapping of topographic features following: Sand and of greens and surrounding areas sand mixes, Dirt, said. "We're looking at purchasing exist- Fertilizers, Lime, ing properties and developing new ones. New Courses Mulch, Compost, and "We're primarily attracted to markets Grass clippings. ^ As built drawings of tees, fairways & greens with above-average, white-collar employ- % Accurate square footages Optional conveyor ment. Raleigh/Durham (N.C.), suburban system for discharging materials for: Chicago, Dallas, Denver, Phoenix, Salt Laser Measurements backfilling trenches, Lake City, Portland (Ore.), and ^ Standard tee to green or loading small the San Francisco Bay area are among spreaders, etc. % Sprinkler heads the areas we're looking at." % Ponds, traps, streams Land, both its cost and availability, may 1619 County K • Custer, WI 54423 I.N.C.- be a problem in some of those areas, CALL FOR QUOTATIONS & DETAILS = T.I.P. = (715) 592-4650 FAX: 715-592-5063 Goodwin noted. But the hotel-building 1-800-362-0646 market has been constrained for so long On Early Orders Call for Discount that many cities sorely need new facilities. CIRCLE #132 CIRCLE #133 "Raleigh/Durham, for instance, is se- verely undersupplied," Goodwin said. "And there is plenty of land available." In addition to courses it owns and oper- HO« Spots? ates, Destination Hotels has agreements Stop wasting labor with local courses that provide playing handwatering! privileges to guests at the company's Wet Hot Spots FAST Shadow Mountain Resort in Palm Desert, with the Calif., and the six Hawaiian properties that comprise Destination Resorts Maui. WETTING Destination manages 17 facilities in all,

including is non-golf operations. (U.S. Patent #5,398,445) But what distinguishes Destination The Wetting Fork... from many other golf resort operators is • Wets hydrophobic spots in that it owns rather than simply manages 10 seconds or less many of its golf properties, Goodwin said. • Is made of lightweight but "That requires us to make a stronger durable aluminum commitment to improving and maintain- • Has new improved stainless ing our facilities," he added. steel tines that can be used to inject fertilizers, Wild Dunes Managing Director Earl • Treated (CCA) Southern Yellow Pine fungicides and insecticides Hewlette has overseen improvements to or wetting agents • Projects Throughout The U.S. that facility designed to reduce the environ- • Helps control Fairy Ring mental impact of the courses in environ- • Low Profile & Arched Bridges • Saves handwatering cost by mentally sensitive Isle of Palms. • Retaining Walls BRIDGE CONCEPTS wetting hydrophobic dry Charlie Pack holds the same title at • Curb System & Picket Rails The Professional Bridge Company spots quickly and efficiently Sunriver where, in addition to Crosswater, • Custom Design & Build Service • Reduces wetting agent use the company is set to break ground for a • Piling Support & Free Span Bridges Available Through new clubhouse and has extensively refur- • Designed To Specific Load Requirements Professional Turf Distributors bished the existing layouts. At Inverness, General Manager Mark Southern USA Northern USA Western USA Ask for a free demonstration! Hickeyahas changed from asphalt to con- 800-226-4178 800-383-0555 800-474-4990 For your nearest Distributor, call: See us at Golflnc Expo (booth #404) Sept. 24-2~ PRECISION TOOL PRODUCTS CO. 1-800-253-2112 crete cart paths. Ponds have been dredged or fax 313-429-3985 and many bunkers rebuilt. CIRCLE #134 CIRCLE #135 GOLF COURSE NEWS September 1995 37