Goodbye Bob K?
Mark G. Forbes - 2015/03/30 17:44:40 UTC
I've said it up at the start of this thread, and I'll say it once again; we're in the middle of an administrative process, defined in our bylaws and SOPs, and I'm not going to get into a debate with BobK or anybody else on the merits of his arguments. He needs to make those arguments in the form we've requested, at the time and place for his hearing. I'm going to make my decision on my objective evaluation of the evidence presented for and against his expulsion at that time.
BobK will no doubt post a long diatribe picking this apart...and that's fine. MY advice to Bob is to invoke "The First Rule Of Holes" (as my wife calls it).
Stop Digging.
Bob Kuczewski - 2015/03/30 18:30:16 UTC
OK, Mark's reply above makes it official that Rich Hass and Mark Forbes are dodging and avoiding the topic. Is there any remaining doubt?
There's no need to "pick apart" Mark's post (as he claims I'll do) because he hasn't said anything. Rich Hass and Mark Forbes won't have a public discussion that includes members opinions because they don't care about members' opinions (ever wonder why USHPA doesn't have a pilot's forum?). I've written (and posted) numerous requests for a list of the USHPA Bylaws or SOP's that I'm accused of breaking, but neither Rich Hass nor Martin Palmaz nor anyone from USHPA will provide that. A right to know the charges is "Due Process 101". So this hearing certainly isn't about justice.
This hearing is about a few "USHPA insiders" who have hijacked the sport of hang gliding to serve their needs. They will rig the system to serve that purpose, and they'll use the might of your membership dollars to spend on lawyers to crush - and I mean crush - anyone who stands up to them.
This "hearing" will be one person (myself) who is not even allowed to have representation (like a lawyer) against twenty or thirty USHPA Board members who will certainly be aided by their lawyer (Tim Herr) ... at our expense.
But the most disgusting part of this is that they're conducting this kangaroo court in the name of every member of USHPA. They're doing it in the name of Alan and Andrew Vanis and Bill C. and Bille and Brianscharp and Darkcloud and Davis and Dhmartens and Jacmac and Jim G. and Joe Faust and Jonathan and Rich Harmon and Ridgerodent and Sam Kellner and Scott Mac Leod and Speck and Steve C. and Steve Forslund and Swift and every single pilot who's forced to be a member of USHPA's monopoly. They're doing it in your name, but they won't discuss it in your presence with your input.
We need a better choice.
Swift - 2015/03/30 19:28:31 UTC
Expelling Bob at great expense is not solving waiver problem
And it's not going to make him or the problem go away.
Stop digging the hole, Mark.Yeah... right. I'll give odds against the lawyer led BOD ever voting against expulsion. Any takers?Mark G. Forbes - 2015/03/30 17:44:40 UTC
I've said it up at the start of this thread, and I'll say it once again; we're in the middle of an administrative process, defined in our bylaws and SOPs, and I'm not going to get into a debate with BobK or anybody else on the merits of his arguments. He needs to make those arguments in the form we've requested, at the time and place for his hearing. I'm going to make my decision on my objective evaluation of the evidence presented for and against his expulsion at that time.Mark G. Forbes - 2015/03/26 05:27
BobK spins a tale, but his actions have the potential to cause some huge increases in OUR insurance rates if his testimony results in our waiver being overturned in a California court. That's really what has pushed the board to act...Mark G. Forbes - 2011/09/29 02:26:23 UTC
We can establish rules which we think will improve pilot safety, but our attorney is right. USHPA is not in the business of keeping pilots "safe" and it can't be. Stepping into that morass is a recipe for extinction of our association. I wish it were not so, but it is. We don't sell equipment, we don't offer instruction, and we don't assure pilots that they'll be safe. Even so, we get sued periodically by people who say we "shoulda, coulda, woulda" done something that would have averted their accident.
It's not just concern for meet directors and policy makers...it's about our continued existence as an association. It's about minimizing the chance of our getting sued out of existence. We're one lawsuit away from that, all the time, and we think hard about it. I would LOVE to not have to think that way, but every time a legal threat arises, it reminds me that we have a very dysfunctional legal system in this country (note: not a "justice" system...there's little justice involved) and we have to recognize that reality and deal with it.
Bob Kuczewski - 2015/03/30 19:40:34 UTC
Re: Expelling Bob at great expense is not solving waiver problem
Good collection of quotes Swift. You've certainly been paying attention.
With regard to Mark's implications about lawsuits, the current lawsuit is between a woman who was injured during instruction and Air California Adventure who was providing that instruction. So USHPA isn't involved in any way except possibly through use of the same insurance company.
Now if USHPA was really concerned about lawsuits that might jeopardize their insurance, then they should have been providing oversight of Air California Adventures actions. USHPA is 1/7th of the Torrey Pines Soaring Council, and USHPA certifies all of the instructors operating at Torrey Pines.
So rather than expelling me for simply testifying about what I know, USHPA should have been expelling the instructors and owners who have actually and materially threatened the insurance program through their real actions that have really injured real people.
Swift - 2015/03/30 19:58:57 UTC
The quotes were recovered by another pilot that has also been expelled from hang gliding.
He does the research and I follow his commentary closely.
His name is Tad and the language is coarse.
Warning. Rated R.
http://www.kitestrings.org/post7610.html#p7610
Bob Kuczewski - 2015/03/30 20:25:18 UTC
If you read Tad's posts you'll know that he's certainly no fan of mine, and I've had some concerns with him as well. But he is meticulous in his documentation, and I appreciate that he's been willing to speak up for fairness in this matter - even though we're not able to see eye to eye on other issues.
Thanks for your posting. Please feel free to call me any time at 858-204-7499.
http://www.ushawks.org/forum/viewtopic.php?f=2&t=463Bob Kuczewski - 2015/03/30 20:41:53 UTC
Mark Forbes and the EC control USHPA's lawyer (Tim Herr) and they use USHPA's lawyer (Tim Herr) to intimidate the Board and the members. I saw it up close when I was a USHPA Director and it's at the heart of USHPA's dysfunction.
P.S. I have a series of email messages by Luis Felipe Amunategui, Lisa Tate, and Richard Hass from 2009 that demonstrate this same tactic against Tad Eareckson. Guess which Director stood up for Tad? Rather than jumping on the bandwagon to bring in USHPA's lawyer (Tim Herr) to "make it unpleasant and expensive for [Tad]", I wrote this to the Board:
USHPA never learns from its mistakes.Director Bob Kuczewski to the USHPA Board, May 10th, 2009 wrote:I think it would be wise for USHPA to ask Mr. Eareckson what it is specifically that he is seeking. I don't think trying to silence him with an injunction is a good start.
Davis Straub's "Oz Report" Conflict of Interest
Bob Kuczewski - 2011/02/12 06:56:36 UTC
Without naming names (I'm curious to see if they'll own up to it first), on May 10, 2009, one Director wrote:That same day, another Director responded:We need to consider getting an injunction against this guy communicating with the FAA on this subject.For those who don't know, Tim Herr is ... USHPA's lawyer!!I forwarded the letter to Tim Herr yesterday asking about this.
A third Director (who I'll call "Mr. X") chimed in that same day with this:
That's an example of USHPA's typical tactics: Call up the lawyer, then Attack, Attack, Attack. I responded to this last message by focussing on the only positive quote I could find in there:Mr. X wrote:Perhaps a strongly worded letter from Tim will do the trick. We can't force Tad to work within the USHPA framework but we can make it unpleasant and expensive for him if he chooses to makes derogatory and false statements about USHPA to the FAA he can't back up.
If I understand the previous comments, his sending USHPA a draft letter is an indication of willingness to engage in some dialogue before going to the FAA.
Good luck with this guy!
That all took place before my May 11th "vote" on the matter (which I posted earlier - 4th post on this page).Bob Kuczewski wrote:[Mr. X] wrote:
"his sending USHPA a draft letter is an indication of willingness to engage in some dialogue before going to the FAA."
I agree with that sentiment, and I think it would be wise for USHPA to ask Mr. Eareckson what it is specifically that he is seeking. I don't think trying to silence him with an injunction is a good start.
Also, I have almost no background in towing, so I've asked a close friend to review his concerns for my own enlightenment. If anyone else on the Board with towing expertise would like to offer comments on Mr. Eareckson's points for similar enlightenment that would be appreciated by us gravity launch pilots.
Thanks,
Bob Kuczewski
Eventually, some of the cooler heads among the Directors began suggesting that someone discuss this with Tad (pretty much as I had suggested). Unfortunately, none of those "cooler heads" were members of the Executive Committee (EC). In fact, if this discussion hadn't been circulated to all the Directors, there's a good chance that the EC would have taken legal action via their lawyer as they did with me (the infamous Rich Hass "Gag Letter"). That's yet another reason why later in that year (2009) I insisted that the EC should allow all Directors to attend their monthly teleconference calls. That would open up these issues to more Directors with more viewpoints. The EC didn't like that, and they refused to allow me to attend - despite repeated written requests and a telephone stand-off with Paul Montville (I'm glad that guy's gone). Eventually Dave Wills urged the Board to pass SOP changes that now allow them to exclude anyone they want ... including other DIrectors!! My legal advisor (lawyer) seemed to think it was illegal for them to exclude Directors (including me) without those SOP changes, and it may still be illegal for them to exclude any Directors even with those new SOP changes. This is because the Directors are effectively operating for the owners of the corporation (us members) and they should have a right to inspect every aspect of the corporation on our behalf. But rather than opening itself up to more member scrutiny, USHPA has done just the opposite. They even passed an SOP forbidding the recording of their meetings!! Unbelievable.
Aside from the details of this particular incident, it was interesting for me to see how the Board "circled the wagons" and how several Directors immediately began suggesting that USHPA should spend our member's money on lawyers to attack Tad. I'm sure that's how the conversations went behind my back when they prepared their Fall 2009 ambush for me. They even flew their lawyer (Tim Herr) all the way to Austin Texas for that fiasco. But that's another story...
That was well over four years ago. Your curiosity satisfied yet?Without naming names (I'm curious to see if they'll own up to it first)...
POST THEM. And include all of your correspondence. You owe me that much ten thousand times over. Eh, fuck me - you owe that to the pupblic historical record of hang gliding. Hang gliding needs to know its heroes and its cowardly lying backstabbing criminal thugs. Post them yourself or send them to me and I'll post them.I have a series of email messages by Luis Felipe Amunategui, Lisa Tate, and Richard Hass from 2009 that demonstrate this same tactic against Tad Eareckson.
(My six thousandth Kite Strings post.)