It's All Adding Up
UPDATE: See bottom of page.
Leopards Don't Change Their Spots
Edgewaterisle.com has verified that that former board member Kelly McGuirk has 7 criminal convictions, including 3 felonies. Meeting minutes show that McGuirk was appointed to the Edgewater Isle North board of directors in October 2001, mere months after completing three years of probation for a probation violation for a theft conviction.
San Mateo County's Web Site
From 1986 - 2010, the San Mateo County Court's web site lists the following criminal cases for McGuirk:
And 1 more felony with a misspelled last name. (These two cases were consolidated as one file.)
What Are the Convictions For?
Theft, multiple counts of theft. Safeway is a favorite target, and she appeared to be well known at one particular Safeway.
Let's take a closer look at these convictions:
1986: Kelly McGuirk was convicted of misdemeanor theft.
1993: Kelly McGuirk was convicted of misdemeanor theft. Sentenced to 30 days in jail and 2 years probation
1995: Kelly McGuirk was convicted of misdemeanor theft from Safeway. Sentenced to 20 days in county jail
1996: Kelly McGuirk was convicted of felony theft, again from Safeway. Sentenced to 2 years probation and 40 days in jail. And a probation violation which extended probation for 2 additional years.
1997: Kelly McGuirk was arrested for felony theft at Safeway. Again. This time, complete with a mention in the Foster City Progress newspaper. Held in custody until $10,000 bail was posted. Sentenced to 6 months and 25 days in county jail, 6 months allowed as house arrest with electronic monitoring. Misdemeanor conviction.
2008: Kelly McGuirk was convicted of felony theft, yet again from Safeway. This time, the Court ordered her to stay away from Safeway.
2009: Kelly McGuirk was convicted of felony theft for stealing for stealing 2 cartons of cigarettes from Costco. Defendant pleaded guilty on December 13, 2010 to the felony charge.
McGuirk said that she has a problem with shoplifting that she cannot control.
News of these criminal convictions sheds new meaning on her past behavior:
McGuirk attempted to impersonate another homeowner to obtain court documents.
McGuirk obtained landscaping after it was expressly denied by the Board, as reflected in meeting minutes. McGuirk also signed the check for this expense.
McGuirk expensed personal expenses to the association as "office expenses" at least once.
McGuirk ran an advertisement for her now-husband's business in the newsletter for over 7 years, all the while saying there is no affiliation.
Will The Boards Investigate?
NO! The Board of Directors never did investigate.
Is anyone else disturbed that a board member who had access to checking accounts and homeowners' personal information is a repeatedly-convicted thief? The Edgewater Isle boards of directors have a fiduciary duty to homeowners to investigate their checking accounts in light of this information. One board of directors already knowingly let her landscape fraud slip by. That's you, Sherry Mallett.
Update: November 27, 2016
This page was originally published in July 2010, and the Edgewater Isle board of directors apparently ignored the previously-mentioned questionable transactions. And then, unexplicably, the Edgewater Isle North board of directors re-appointed Kelly McGuirk back on the board of directors in June 2015.
Then, in November 2016, the Board of Directors sought a vote of owners to remove Kelly McGuirk from the board, and alleged that Kelly McGuirk had created fake e-mail correspondence, misrepresented her identity to a vendor, and interferred with the Association's responsibilities.
Update: January 11, 2017
Kelly McGuirk was removed from the board of directors by a vote of the members tallied on December 19, 2016: 102 in favor, 8 against.