As I said before , We need a Cut Throat Owner ! (1 Viewer)

[DaveXA]

She is a PR prop. She doesn’t have the authority to make football decisions ( though she is technically the majority owner ) It’s not like she’s “hands off “ either. She literally cannot do a thing.

Source?

 

[Super]

How about a cutthroat coach?

 

[Thunderchild]

Mrs Benson is a very nice woman and it may hurt her decision making. These coaches and QB must go ! I don’t wanna hear about injuries.

And you still don't know what you're talking about. I strongly suspect Mrs. Benson will be the only factor to keep this team in the city. Maybe you don't care about that?

 

[BayouSAINTJoe]

No what we need is someone to come in and whoo her that knows how to run a football team!
if she’s not to old to be whoo’d

She aint

 

[Judge_Smails]

She aint

You’re up buddy. Wear some Old Spice and play her a little Neville Brothers and you might someday find yourself in position to fire ‘em all.

 

[BayouSAINTJoe]

You’re up buddy. Wear some Old Spice and play her a little Neville Brothers and you might someday find yourself in position to fire ‘em all.

Bet...imma throw on some Issey i got mixed in a tub of vaseline and next time I see her Maybach on Erhart..imma just hop in and shoot my shot.



Or get shot

 

[nextyear]

No what we need is someone to come in and whoo her that knows how to run a football team!
if she’s not to old to be whoo’d

I volunteer

 

[Cajun Chat]

Mrs Benson is a very nice woman and it may hurt her decision making. These coaches and QB must go ! I don’t wanna hear about injuries.

Posted this in the season ticket thread....

Wrong coach, wrong QB, wrong OC. Even if DA gets rid of PC to save his own job it's not enough. I'm sure Mr. Benson would not be putting up with this mess.

He would have gotten Sean to come back last year and moved DA aside. He would not have cared about feelings.

 

[Andrus]

She is a PR prop. She doesn’t have the authority to make football decisions ( though she is technically the majority owner ) It’s not like she’s “hands off “ either. She literally cannot do a thing.

My first though upon reading your post above was to go look for Benson's Probate documents (Will/Succession). I found the documents online (attached in .pdf format).

Tom Benson's Will and Succession docs are a bit perplexing to me. as IMHO it is strangely written and leaves some questions in regard to what you've stated. Tom Benson left his estate to the "Trustees" of the Tom Benson July 2015 Revocable Trust. Who are these Trustees? While Gayle is entitled to all of the income and has sole voting rights for over the Saints and Pelicans entities, she was named Co-Executor along with Dennis Lauscha of said Trust, and Lauscha was named Executor of the Succession, with Gayle being named Succession Executrix. Heck, even Loomis and Bensel are named as potential Succession Co-Executors in the latter should Lauscha and then Gayle Benson either are unable, or elect not to, take on the responsibility.

So, what all, if anything, does sole voting rights encompass where the day-to day operations and management of the teams are concerned?

There is a lot more to it, however to me, it appears that Lauscha, while not having voting rights, may have some autonomy in being in charge of the day-to-day operations, while Gayle collects checks and votes on league related issues and any decisions on whether to sell either team, etc. (I'm not sure about that), which would basically lend credence to your statement quoted above, however I may be misinterpreting. I'm not an Attorney. So, hopefully someone that is an expert in Descent and Distribution in the State of Louisiana can interpret it all correctly for us.

 

[DaveXA]

My first though upon reading your post above was to go look for Benson's Probate documents (Will/Succession). I found the documents online (attached in .pdf format).

Tom Benson's Will and Succession docs are a bit perplexing to me. as IMHO it is strangely written and leaves some questions in regard to what you've stated. Tom Benson left his estate to the "Trustees" of the Tom Benson July 2015 Revocable Trust. Who are these Trustees? While Gayle is entitled to all of the income and has sole voting rights for over the Saints and Pelicans entities, she was named Co-Executor along with Dennis Lauscha of said Trust, and Lauscha was named Executor of the Succession, with Gayle being named Succession Executrix. Heck, even Loomis and Bensel are named as potential Succession Co-Executors in the latter should Lauscha and then Gayle Benson either are unable, or elect not to, take on the responsibility.

So, what all, if anything, does sole voting rights encompass where the day-to day operations and management of the teams are concerned?

There is a lot more to it, however to me, it appears that Lauscha, while not having voting rights, may have some autonomy in being in charge of the day-to-day operations, while Gayle collects checks and votes on league related issues and any decisions on whether to sell either team, etc. (I'm not sure about that), which would basically lend credence to your statement quoted above, however I may be misinterpreting. I'm not an Attorney. So, hopefully someone that is an expert in Descent and Distribution in the State of Louisiana can interpret it all correctly for us.

Good questions. I'm very skeptical that Gayle is simply a PR prop. As you stated, she's majority owner, attends and votes at league meetings, I didn't realize she and Lauscha were Co-Executors. Between the two of them, if one of them passes, the survivor would be the sole executor and I believe one of them would still have the power to make decisions about the team, up to hiring/firing Loomis. I'm not sure where Bensel fits in the picture but seems like he'd have a role in this.

Seems like the devil is in the legal language and I agree an attorney would have to parse the legal jargon in the probate documents.

 

[Andrus]

Good questions. I'm very skeptical that Gayle is simply a PR prop. As you stated, she's majority owner, attends and votes at league meetings, I didn't realize she and Lauscha were Co-Executors. Between the two of them, if one of them passes, the survivor would be the sole executor and I believe one of them would still have the power to make decisions about the team, up to hiring/firing Loomis. I'm not sure where Bensel fits in the picture but seems like he'd have a role in this.

Seems like the devil is in the legal language and I agree an attorney would have to parse the legal jargon in the probate documents.

Dave... I'm not so sure. It just appears to me that Gayle may not have authority over Lauscha when it comes to the Saints and Pels teams day-to-day operations. As I see it, there is simply not enough clarity in the Will covering such.

Here is what is going on in my head and making me question Gayle having authority over day-to-day operations of the teams.

As set out in the excerpts of Benson's Probate documents pasted below, why name Lauscha as co-executor with provisions and exceptions if you are putting Gayle in complete ownership and control of operations of the teams? Why is the Will specific as to Gayle being "income beneficiary"?

If I were Tom Benson, and what I wanted was for Gayle to be in charge and control of everything, I would simply name Gayle as Executor, sole heir and beneficiary, and then it wouldn't be necessary to add the provisions or stipulate anything otherwise covered in Article 1, would it? Seems to me that this Will may have been constructed in a manner intended to protect the current front office hierarchy from interference by Gayle.

I think that "sole voting power" means sole power to vote. I don't think that it extends to giving the person sole power to manage. I am betting dollars to donuts that there are in-house documents not privy to the public specifying who has authority over what.

Which is why in my mind, it is quite possible that what @REBELMATT stated about Gayle Benson being little more than a figurehead has some merit. So when people say "Why doesn't Gayle just fire someone, maybe it is because she does not have the authority to do so.

Again, perhaps I am missing something, which is why I was hoping one of our member attorneys might enlighten us.

Interesting tipdbits from Bensons Will...

ARTICLE I - LEGACY OF ESTATE
1.02 If the Tom Benson July 2015 Revocable Trust for any reason, not in existence as of the date of my death, I leave estate to the Trustees of the Gayle Benson Marital Trust. which shall be governed by the following provisions:

"The trust...
1) shall have my spouse as income beneficiary for her life...
4) shall have as co-trustees my spouse and Dennis Lauscha. except that Gayle Benson will have the sole right to exercise all voting power over Benson Football. L.L.C and Benson Basketball. L.L.C
5) Dennis Lauscha shall have the power to appoint successor trustees; 6) the trustee shall distribute all of the income each year to my spouse. at least quarter!y, and shall distribute any income in the year of my spouses death to her estate...
7) the trustee shall invade and distribute principal of the trust to or for the benefit of my spouse for her health education, maintenance or support to enable her to maintain her accustomed standard of living...

ARTICLE Ill - SUCCESSION REPRESENTATIVE
3.01
1 appoint Dennis Lauscha as executor of my succession with full seizin and without bond. If Dennis Lauscha is for any reason unable or unwilling to serve or to continue to serve. I appoint Gayle Benson as successor executrix with full seizin and without bond. If Gayle Benson is for any reason unwilling or unable to serve or to continue to serve as executrix, I name and appoint Mickey Loomis and Greg Bensel to serve as successor co-executors, with full seizin and without bond. If either of Mickey Loomis or Greg Bense! is or becomes unwilling or unable to serve or to continue to serve as co-executor, I name and appoint as sole successor executor the one of them who is willing and able to serve or to continue to serve, with full seizin and without bond. In the event that Mickey and Greg cannot agree on any matter, Mickey's decision will control. l specifically grant my then surviving executor the power to appoint successor executors of this Last Will and
Testament after my death, with full seizin and without bond.

3.02. I vest in my Succession Representative the broadest authority possible under the laws of the State of Louisiana, including the authority under Louisiana Civil Code articles 1302, 1572 and 1725, to allocate or assign specific assets to an heir or legatee in satisfaction of legacies expressed in terms of quantum or value.

 

[los226]

I’m starting to think that Payton wanted to get out of here as soon as Tom passed away.

 

[DaveXA]

Dave... I'm not so sure. It just appears to me that Gayle may not have authority over Lauscha when it comes to the Saints and Pels teams day-to-day operations. As I see it, there is simply not enough clarity in the Will covering such.

Here is what is going on in my head and making me question Gayle having authority over day-to-day operations of the teams.

As set out in the excerpts of Benson's Probate documents pasted below, why name Lauscha as co-executor with provisions and exceptions if you are putting Gayle in complete ownership and control of operations of the teams? Why is the Will specific as to Gayle being "income beneficiary"?

If I were Tom Benson, and what I wanted was for Gayle to be in charge and control of everything, I would simply name Gayle as Executor, sole heir and beneficiary, and then it wouldn't be necessary to add the provisions or stipulate anything otherwise covered in Article 1, would it? Seems to me that this Will may have been constructed in a manner intended to protect the current front office hierarchy from interference by Gayle.

I think that "sole voting power" means sole power to vote. I don't think that it extends to giving the person sole power to manage. I am betting dollars to donuts that there are in-house documents not privy to the public specifying who has authority over what.

Which is why in my mind, it is quite possible that what @REBELMATT stated about Gayle Benson being little more than a figurehead has some merit. So when people say "Why doesn't Gayle just fire someone, maybe it is because she does not have the authority to do so.

Again, perhaps I am missing something, which is why I was hoping one of our member attorneys might enlighten us.

Interesting tipdbits from Bensons Will...

ARTICLE I - LEGACY OF ESTATE
1.02 If the Tom Benson July 2015 Revocable Trust for any reason, not in existence as of the date of my death, I leave estate to the Trustees of the Gayle Benson Marital Trust. which shall be governed by the following provisions:

"The trust...
1) shall have my spouse as income beneficiary for her life...
4) shall have as co-trustees my spouse and Dennis Lauscha. except that Gayle Benson will have the sole right to exercise all voting power over Benson Football. L.L.C and Benson Basketball. L.L.C
5) Dennis Lauscha shall have the power to appoint successor trustees; 6) the trustee shall distribute all of the income each year to my spouse. at least quarter!y, and shall distribute any income in the year of my spouses death to her estate...
7) the trustee shall invade and distribute principal of the trust to or for the benefit of my spouse for her health education, maintenance or support to enable her to maintain her accustomed standard of living...

ARTICLE Ill - SUCCESSION REPRESENTATIVE
3.01
1 appoint Dennis Lauscha as executor of my succession with full seizin and without bond. If Dennis Lauscha is for any reason unable or unwilling to serve or to continue to serve. I appoint Gayle Benson as successor executrix with full seizin and without bond. If Gayle Benson is for any reason unwilling or unable to serve or to continue to serve as executrix, I name and appoint Mickey Loomis and Greg Bensel to serve as successor co-executors, with full seizin and without bond. If either of Mickey Loomis or Greg Bense! is or becomes unwilling or unable to serve or to continue to serve as co-executor, I name and appoint as sole successor executor the one of them who is willing and able to serve or to continue to serve, with full seizin and without bond. In the event that Mickey and Greg cannot agree on any matter, Mickey's decision will control. l specifically grant my then surviving executor the power to appoint successor executors of this Last Will and
Testament after my death, with full seizin and without bond.

3.02. I vest in my Succession Representative the broadest authority possible under the laws of the State of Louisiana, including the authority under Louisiana Civil Code articles 1302, 1572 and 1725, to allocate or assign specific assets to an heir or legatee in satisfaction of legacies expressed in terms of quantum or value.

A couple of things. First, I agree it would be interesting to hear from an actual attorney.

IANAL, but I do have a couple of observations. 1) how I read the first part of the will, the income form operations is it's own thing. I don't think it's germane to the other sections. 2) section 4, I could be wrong, but I interpret that slightly differently. I think the voting power is separate from the executive decisions that owners normally make in the course of every day business. The voting power is for voting at owners' meetings, yes, but she's otherwise co-equal with Lauscha. Meaning she can make executive decisions along with Lauscha. There no language stating otherwise.

To section 5, Lauscha has the authority to appoint executor of the succession granted in a later section which allows him to modify who would be the successor trustees, which if haven't been changed are Loomis and Bensel. Lauscha has the authority to change the successor trustees at any point. If Gayle and Lauscha decide they need to fire and hire another GM, they can not only do that, but change the successor trustees to reflect whoever the new GM is, or even someone else entirely. Doesn’t necessarily have to be the GM. No doubt they are going to want to choose someone they trust to replace Loomis.

Keep in mind, any of them can step down at any point if they no longer wish to be an executor. Also, if Lauscha passes before Gayle, she would become sole executor and also executrix of the succession, meaning she can modify the successor trustees at any point.

All this to say that I think she's hardly just a figurehead. There's nothing in the will that relegates her to that limited role.

Now of course they may have been a verbal agreement I don't know about, but the will doesn't limit Gayle in any way, as I read it.

 

[MrScary]

What ownership group has the pull and capital to purchase the Saints without the very real risk of them leveraging the team to move? Who has that kind of love and ties to the NOLA area that has that also has that kind of financial sway? Say what you will about 2001-2005 but to me the commitment to stay in a non-Brees era isn't a guarantee with a new ownership group.

 

[Saint Jack]

What ownership group has the pull and capital to purchase the Saints without the very real risk of them leveraging the team to move? Who has that kind of love and ties to the NOLA area that has that also has that kind of financial sway? Say what you will about 2001-2005 but to me the commitment to stay in a non-Brees era isn't a guarantee with a new ownership group.

No one has mentioned relocation since Katrina.
Not ownership. Not sponsors. Not one person in the League Offices.