USHPA Expulsion Proceeding
Bob Kuczewski - 2015/03/21 07:45:01 UTC
If there has been any remaining shred of doubt in anyone's mind that we need a new national hang gliding association, this should extinguish it.
I got 2 email messages from USHPA today (technically yesterday since it's after midnight as I'm typing).
One email message was sent at 03:06:06pm and the other was sent 6 seconds later at 3:06:12pm. The first was USHPA's notification to ME that they were initiating an expulsion proceeding against me. The second (sent 6 seconds later) was their newsletter where they announced to all USHPA members (and the world) that the USHPA Board voted to expel me last week (March 14th).
Isn't it interesting the great care they took to ensure that both messages were sent almost simultaneously ... even though the Board presumably made this decision a week ago back on March 14th.
Here are the two email messages (somewhat shortened):USHPA Email sent at 03/20/2015 03:06:12 PM wrote:
Member Expulsion
USHPA Board Action
The Board voted to initiate the procedure for expulsion of Robert Kuczewski under Article V, Section 4 (a)(iv) of the Bylaws:
Expulsion of the member based on the good faith determination by the Board of Directors or a committee designated to make such determination that the member has failed in a material and serious degree to observe the rules of conduct governing this corporation as promulgated by the Board from time to time or has engaged in conduct materially and seriously prejudicial to the purposes and interests of the corporation.You can bet this took lots of planning, coordination, and money spent on USHPA's lawyer (Tim Herr).USHPA Email sent at 03/20/2015 03:06:06 PM wrote:
Dear Mr. Kuczewski,
On March 14, 2015, the Board of Directors of the United States Hang Gliding and Paragliding Association (USHPA) determined that you should be expelled from the association pursuant to the USHPA bylaws which provide for the expulsion of a member based upon a good faith determination by the board that the member has failed in a material and serious degree to observe the rules of conduct governing USHPA or has engaged in conduct materially and seriously prejudicial to the purpose and interests of USHPA.
This letter is notice to you pursuant to the Procedure for Expulsion set forth in USHPA's bylaws that you will be expelled from USHPA effective April 29, 2015. This notice is being sent to you more than 15 days before the proposed effective date of your expulsion as required by the bylaws.
In addition, pursuant to the USHPA bylaws, you are being given an opportunity to be heard both orally and in writing at a hearing which will be held more than 5 days before the effective date of the proposed expulsion.
The hearing will be conducted before the USHPA Board of Directors in a special meeting of the Board of Directors to be held April 22, 2015 starting at 6:00 PM PDT. The hearing will take place by conference call. You will be provided with the conference call number and password via email on April 21, 2015. The email address we have on file for you is bobkuczewski@gmail.com. If this email address is incorrect, please notify the USHPA office immediately.
You may present written materials in opposition to your expulsion. Any evidence that you wish to present in opposition to the proposed expulsion (such as witness statements and documents) must be submitted as written materials. Such evidence may include your statement of facts known personally to you, statements by witness of facts known personally by those witnesses, and documents that you wish the board to consider in making its final determination on the proposed expulsion. Any witness statements must be made under penalty of perjury under the laws of the states of California and Colorado and must affirmatively demonstrate that the witness has personal knowledge of the facts set out in the statement. Written materials may also consist of argument. Your written materials must be received at the USHPA headquarters - USHPA 1685 W. Uintah St., Colorado Springs, CO 80904 - no later than 5:00 PM local time on April 17, 2015. Any written materials received after that date and time will not be considered. The written materials will be the only evidence to be considered by the Board of Directors in opposition to the proposed expulsion.
The hearing is your chance to orally present your arguments to the Board of Directors in opposition to the proposed expulsion. In your argument, you may refer to any timely received written materials. No additional evidence, not submitted in writing as set forth in the previous paragraph, will be considered. You must represent yourself at the hearing - you may not have anyone else speak for you - and no one else may speak on your behalf.
Whether the hearing is open or closed is entirely up to you. Unless, by April 17, 2015, you request that the hearing be closed, listen-only attendance at the hearing will be open to any USHPA member. At your request, the hearing will take place in closed session and attendance will be limited to directors, committee chairs and USHPA staff.
Following the hearing, the Board of Directors will meet in closed session and determine whether or not the proposed expulsion should take place, and you will be promptly notified of their decision before the proposed expulsion date.
The behavior upon which the board has determined that you should be expelled from the association falls into the following categories:
1. Creation of at least two national hang gliding organizations with the stated purpose of competing with USHPA, one of which you currently control;
2. Endangering safety of paragliding and hang gliding operations involving members of USHPA, USHPA Certified Instructors, and USHPA Tandem Instructors at the Torrey Pines Gliderport (TPGP) ...
3. Endangering the existence of an historic and important hang gliding and paragliding site, namely the Torrey Pines Gliderport;
4. Misstatements and misrepresentations made by you to the San Diego City Council over the course of more than 2 years regarding hang gliding and paragliding taking place at the Torrey Pines Gliderport.
5. Misstatements and misrepresentations made by you to the San Diego City council, to the effect that your actions in connection with the Torrey Pines Gliderport are in some way sanctioned, authorized, approved by, or somehow of assistance to USHPA;
6. Misrepresenting to the San Diego City Council, on March 10, 2015, that: "Those pictures resulted in a change in the United States Hang Gliding and Paragliding Association's SOPs that basically say you have to wear a helmet when you're hooked into a glider, that's for safety, he was violating that. If I can't go there and take those pictures that change wouldn't have happened";
7. Repeated publication of false and misleading statements concerning USHPA, its officers and its directors;
8. Misrepresentation as to your qualifications to serve as an expert witness in a court case, ...
9. Factual misrepresentations made in connection with your service as an expert witness in a court case, ...
Just remember this is how USHPA is spending your money.
Hasn't been for me since 2009 - but certainly not the Orwellian monstrosity you're creating.Bob Kuczewski - 2015/03/21 07:45:01 UTC
If there has been any remaining shred of doubt in anyone's mind that we need a new national hang gliding association, this should extinguish it.
WHY are they (somewhat shortened), Bob? This shit isn't important enough to post in full?Here are the two email messages (somewhat shortened):
Good faith from U$hPA...USHPA Email sent at 03/20/2015 03:06:12 PM wrote:
Expulsion of the member based on the good faith determination by the Board of Directors or a committee designated to make such determination...
How 'bout the sewer of your vile corporation failing in a material and serious degree to observe the rules of conduct governing this corporation and engaging in conduct materially and seriously prejudicial to the purposes and interests of recreational aviation in general and hang gliding in particular?...that the member has failed in a material and serious degree to observe the rules of conduct governing this corporation as promulgated by the Board from time to time or has engaged in conduct materially and seriously prejudicial to the purposes and interests of the corporation.
If that email address is incorrect, how do you stupid fucks think he's going to be reading your request to please notify the USHPA office immediately?If this email address is incorrect, please notify the USHPA office immediately.
Just WRITTEN material, right? The Board members all know how to read but haven't yet figured out how to watch videos?You may present written materials in opposition to your expulsion.
1. This presumes that a significant percentage of Bob's defenders are functionally literate.Any evidence that you wish to present in opposition to the proposed expulsion (such as witness statements and documents) must be submitted as written materials.
2. So is there some assurance we can get that any of you motherfuckers...
http://www.ushawks.org/forum/viewtopic.php?f=2&t=802
AL's Second flight at Packsaddle how it went
...will actually HAVE TIME TO READ anything Bob submits?Bob Kuczewski - 2011/10/23 16:29:29 UTC
As for Nobody's request for me to read a document, I haven't found the time yet. I'm sorry, but I don't have time to read everything that everyone asks me to read.
Oh, you're gonna allow FACTS to be presented in evidence. Have you really considered the ramifications of setting such a precedent?Such evidence may include your statement of facts...
And if Bob wishes the board to consider any of that material in making its final determination on the proposed expulsion we can be damned sure that the board will consider it in making its final determination on the proposed expulsion.....known personally to you, statements by witness of facts known personally by those witnesses, and documents that you wish the board to consider in making its final determination on the proposed expulsion.
Suck my dick, U$hPA. It's pretty fuckin' obvious that you pieces o' shit made your final determination on the proposed expulsion a long time ago.
And we saw just how seriously the state of California takes perjured statements with the Jebb Gang members' testimony about Bob at the recent restraining order court proceedings.Any witness statements must be made under penalty of perjury under the laws of the states of California...
I've seen the stills from the video. Does that qualify me?...and Colorado and must affirmatively demonstrate that the witness has personal knowledge of the facts set out in the statement.
(Post the fuckin' video NOW, Bob.)
As, of course, will be any written materials received BEFORE that date and time.Written materials may also consist of argument. Your written materials must be received at the USHPA headquarters - USHPA 1685 W. Uintah St., Colorado Springs, CO 80904 - no later than 5:00 PM local time on April 17, 2015. Any written materials received after that date and time will not be considered.
1. What? I thought the Board of Directors was entirely SUPPORTIVE of the proposed expulsion.The written materials will be the only evidence to be considered by the Board of Directors in opposition to the proposed expulsion.
2. And, obviously, you wouldn't wanna have your perceptions of the situation influenced by Bob's smoking gun video because a video doesn't fall under the definition of written materials.
Like the 911 terrorist attacks investigation. No one considered the video and television footage of passenger jets slamming into the World Trade Center twin towers and Pentagon.The hearing is your chance to orally present your arguments to the Board of Directors in opposition to the proposed expulsion. In your argument, you may refer to any timely received written materials. No additional evidence, not submitted in writing as set forth in the previous paragraph, will be considered.
Is that in the Bylaws? What is it that you're afraid of in having anyone speak on Bob's behalf? I'm assuming that as many of you lying sleazy motherfuckers as you feel like will have free reign to spew as much total shit at Bob as you feel like.You must represent yourself at the hearing - you may not have anyone else speak for you - and no one else may speak on your behalf.
Any chance of on ex member who hates your fuckin' guts getting a listen?Whether the hearing is open or closed is entirely up to you. Unless, by April 17, 2015, you request that the hearing be closed, listen-only attendance at the hearing will be open to any USHPA member.
How long do you think that farce will take? Ten or fifteen seconds?At your request, the hearing will take place in closed session and attendance will be limited to directors, committee chairs and USHPA staff.
Following the hearing, the Board of Directors will meet in closed session and determine whether or not the proposed expulsion should take place, and you will be promptly notified of their decision before the proposed expulsion date.
That in the Bylaws somewhere? Can't do anything to dilute the power of a grotesquely corrupt monopoly?The behavior upon which the board has determined that you should be expelled from the association falls into the following categories:
1. Creation of at least two national hang gliding organizations with the stated purpose of competing with USHPA, one of which you currently control;
1. What's your evidence?2. Endangering safety of paragliding and hang gliding operations involving members of USHPA, USHPA Certified Instructors, and USHPA Tandem Instructors at the Torrey Pines Gliderport (TPGP) ...
2. How come none of you pieces o' shit were ever the least bit worried about your Aerotow Industry's flagrant violation of FAA weak link regulations and all of the resultant death and destruction?
What was he doing? Shoveling out the base of the cliff?3. Endangering the existence of an historic and important hang gliding and paragliding site, namely the Torrey Pines Gliderport;
And the totally accurate statements and representations made by Bob were EVEN WORSE!!!4. Misstatements and misrepresentations made by you to the San Diego City Council over the course of more than 2 years regarding hang gliding and paragliding taking place at the Torrey Pines Gliderport.
So, lying U$hPA shits... Just how many of all those misstatements and misrepresentations made by Bob to the San Diego City Council over the course of more than two years regarding hang gliding and paragliding taking place at the Torrey Pines Gliderport did you feel were worth publicly refuting?
Nah, it was just COINCIDENCE that you enacted the obnoxious Bob Kuczewski Mandatory Helmet Regulation about a half hour after the video incident hit the fan. Just like...5. Misstatements and misrepresentations made by you to the San Diego City council, to the effect that your actions in connection with the Torrey Pines Gliderport are in some way sanctioned, authorized, approved by, or somehow of assistance to USHPA;
http://ozreport.com/forum/viewtopic.php?t=24846
Is this a joke ?
...the COINCIDENCES of those standard aerotow weak links breaking six times in a row in light morning conditions, Russell Brown having everyone double them up right afterwards, and everybody suddenly becoming happy with Tad-O-Links a half hour after Zack Marzec's tragic freak accident.Davis Straub - 2011/08/28 15:26:28 UTC
Then again, Russell Brown had us double up behind him after six breaks in a row at Zapata. We couldn't figure out why we had so many breaks so quickly. Maybe just coincidence.
An OBVIOUS and DESPICABLE *LIE*!!! That point ALONE is twenty times the justification for a lifetime expulsion! Two or three million in damages on top. I don't know why you've got this one all the way down here as Point Six. U$hPA is CONSTANTLY updating its safety regulations as it becomes aware of the need. For Bob to correlate this with anything related to his actions at Torrey...6. Misrepresenting to the San Diego City Council, on March 10, 2015, that: "Those pictures resulted in a change in the United States Hang Gliding and Paragliding Association's SOPs that basically say you have to wear a helmet when you're hooked into a glider, that's for safety, he was violating that. If I can't go there and take those pictures that change wouldn't have happened";
Like THIS:7. Repeated publication of false and misleading statements concerning USHPA, its officers and its directors;
http://www.shga.com/forum/phpBB3/viewtopic.php?t=3840
[TIL] About Tad Eareckson
one?Bob Kuczewski - 2013/03/10 18:20:34 UTC
I first learned about Tad Eareckson when I was Regional Director and the USHPA Board circulated a letter he had written (with intention to send?) to the FAA about some dangerous practices in hang gliding.
The Board's knee-jerk response was to try to take some kind of legal action to silence Tad. I indicated that I thought we shouldn't be sending our lawyers in as our first response, and that maybe we should have someone talk with him first. So Dennis Pagen volunteered, and I believe the matter was settled without any serious damage to the sport.
OK, so you motherfuckers quote something.
8. Misrepresentation as to your qualifications to serve as an expert witness in a court case, ...
U$hPA - 2012/06
This article was peer-reviewed and approved for publication by the USHPA Towing Committee.
Lisa is the Associate Dean and Professor of Surgery at the University of Michigan Medical School, and is past chair of the USHPA Towing committee. Tracy is a retired university professor, current chair of the Towing committee, and regional director for USHPA Regions 7 & 13. He is also a FAAST Team Safety Counselor for the FAA Detroit FSDO area. They are both very active multi-engine commercial airplane and glider pilots, tug pilots, and tandem hang gliding instructors for the Dragon Fly Soaring Club at Cloud 9 Field (46MI), Michigan. Please feel free to contact them about towing related issues at cloud9sa@aol.com.
I wanna hear the whole fuckin' charge, Bob.9. Factual misrepresentations made in connection with your service as an expert witness in a court case, ...
Nah, he JUST HAPPENED to be in San Diego on those couple occasions and JUST HAPPENED to stop by the court out of idle curiosity and JUST HAPPENED to park his ass on the side of the lying Gliderport thugs.You can bet this took lots of planning, coordination, and money spent on USHPA's lawyer (Tim Herr).
http://www.ushawks.org/forum/viewtopic.php?f=2&t=674Just remember this is how USHPA is spending your money.
Nate's minor accident at PackSaddle
Tad Eareckson - 2011/07/07 12:10:38 UTC
Along my lines of thinking that the best hope for hang gliding is to have USHGA sued out of existence.
I never forgot. And they haven't been spending any of my money since 2008.Bob Kuczewski - 2011/07/08 12:12:13 UTC
USHPA doesn't need to be destroyed. It just needs competition.
So Bob... How things going with MY after-the-fact expulsion "hearings" on The Bob Show with your Fake Board of Directors? How come I'm not getting any of the Fake Due Process that uU$hPA is pretending to afford you?
P.S. Donchya like the way they didn't use any foul language in either of those posts?