[SCCC] [NCDXC Chat] ARRL Code of Conduct and the Public Censure of N6AA

[Hank Garretson]

On Fri, Dec 1, 2017 at 6:04 PM, Bob Wilson, N6TV via Chat <chat at ncdxc.org>
wrote:

> (Apologies for the repeat post to the NCCC Reflector.  I want to make sure
> everyone in the Pacific Division is made aware of serious problems at the
> ARRL in light of their recent actions.)
>
> *Please send replies directly to me*, or start a new thread on a single
> reflector; please DO NOT REPLY ALL to multiple reflectors.
>
> I am hereby suggesting that financial support of the ARRL by individuals,
> by major advertisers such as Elecraft, HRO, and DX Engineering, and by
> organizations such as Yasme be suspended or reduced until the ARRL reverses
> course, rewrites or rescinds the new Code of Conduct, and withdraws the
> completely unwarranted public censure of Southwestern Division Director
> N6AA
> <http://www.arrl.org/news/arrl-board-of-directors-publicly-censures-southwestern-division-director> (which
> they chose to publish just as he was leaving to operate the CQ WW CW at
> A44A in Oman).
>
> Many of you may not be aware of the other ARRL Directors and Vice
> Directors that have had serious problems with the new ARRL leadership in
> recent times.
>
> Summary:
>
>    - Some time ago, West Gulf Director K5RAV upset ARRL CEO NY2RF, ARRL
>    President K5UR, Hudson Division Director N2YBB, and ARRL Counsel W3KD, by
>    revealing the existence of "behind the scenes compromises" regarding the
>    Amateur Radio Parity Act.  No action was taken against K5RAV, because at
>    the time there was no rule prohibiting his communications, but in response,
>    the drafted the new and emasculating "ARRL Director and Vice Director
>    Code of Conduct
>    <http://www.arrl.org/files/file/ODV/ARRL%20Code%20of%20Conduct.pdf>,"
>    which N6AA was later censured for "violating" merely by shedding light on
>    its existence during the ARRL Forum at Visalia in April, 2017.
>
>    - Southeastern Division Director K4AC was declared "ineligible to run
>    for reelection" after many attempts to make the Board more transparent.  No
>    clear explanation was given, other than they didn't like what he put on his
>    QRZ.COM page (see Internet Archive
>    <https://web.archive.org/web/20161221142026/https://www.qrz.com/db/K4AC>),
>    and a new director ran unopposed.  K4AC responded by filing a legal
>    misconduct grievance against ARRL Legal Counsel Chris Imlay, W3KD, because
>    he has no license to practice law in the State of Connecticut.  The
>    grievance was denied.
>
>    - ARRL Atlantic Division Vice Director and volunteer counsel K3RF was
>    recently declared ineligible to run for Director by the ARRL Ethics and
>    Elections committee, because if elected, he would be forced to publicly
>    support the Amateur Radio Parity Act (because of the new code), which is
>    contrary to his legal client's best interests in a pending antenna case.
>    In other words, they are admitting that the ARPA would be in conflict with
>    the best interest of an amateur, though they don't dare say that publicly,
>    so instead they made it impossible for K3RF to run for Director, with no
>    public explanation given.
>
> More details, with links, below.
>
> In sum, a LOT of ARRL members are now are very upset with The League since
> NY2RF replaced K1ZZ, and this is not good for Amateur Radio.  N6XI, W6PH,
> WA6WZO and others have ceased financial support and removed the ARRL as
> beneficiaries of their estates.  More to follow.
>
> Clearly the recent censure and other actions of the ARRL CEO and Board
> have done far more harm to The League than anything that N6AA said or did
> at Visalia.  In my opinion, the new ARRL CEO NY2RF, the ARRL President
> K5UR, Legal Counsel W3KD, and any director who voted in favor of the new
> Code of Conduct or the censure of N6AA, need to be replaced as soon as
> possible.
>
> 73,
> Bob, N6TV
> ---------- Forwarded message ----------
> From: Bob Wilson, N6TV <n6tv at arrl.net>
> Date: Tue, Nov 28, 2017 at 10:33 PM
> Subject: Re: [NCCC] ARRL BoD Censures Southwestern Division Director N6AA
> To: NCCC Reflector <nccc at contesting.com>
>
>
> On Mon, Nov 27, 2017 at 4:12 PM, Bill Haddon <haddon.bill at gmail.com>
> wrote:
>
>> The ARRL Ethics and Election Committee makes a yearly report, which, last
>> year, was prepared in mid December and formally issued in January. Here is
>> the reference to last year's (2016) report.  It contains the names of the E
>> & E Committee members:
>>
>> http://www.arrl.org/files/file/About%20ARRL/Committee%20Repo
>> rts/2017/January/13%20E_E%20Annual%20Report%202016%20final.pdf
>>
>
> Good find Bill.  A vague description of what led to the new Code of
> Conduct is be found in that report.  Specifically:
>
> "The Committee spent considerable time discussing the material contained
> in a press release from a Director while analyzing the balance between our
> members need to know and the propriety of protecting information during a
> negotiation process. We found our By Laws and Guidelines both unclear and
> in conflict and urge a review and possible rewrite of both for clarity.
>
>
> The referenced director was from the West Gulf Division, David Woolweaver,
> K5RAV, and what he published was this modest statement, here
> <http://arrlok.blogspot.com/2016/04/west-gulf-division-newsletter-april.html>,
> in April of 2016:
>
> "H.R. 1301, the Amateur Radio Parity Act, has passed the House
> Subcommittee on Communications and Technology.  Rep Greg Walden-R Oregon,
> W7EQI, is the Chairman of the Subcommittee.  It now waits for a hearing
> before the full House Energy and Commerce Committee.  *There have been
> two behind the scenes compromises to the text of the bill made by the
> ARRL's Washington group made up of ARRL's Chief Counsel Chris **Imlay,
> W3KD, and Mike Lisenco, Hudson Division Director, N2YBB.*"
>
> (emphasis mine)
>
>
> Apparently the Board was upset by the revelation of the "behind the scenes
> negotiation" with the HOAs, which they wanted to keep secret.  That lead
> directly to the new Code of Conduct, demanded by NY2RF and N2YBB, and
> written by Chris Imlay (I presume).
>
> Another vague description in the E&E report:
>
> "Certain specific campaign statements and actions by a candidate for
> Director were challenged by an ARRL member and reviewed by the Committee.
> The E&E Committee members found that the alleged actions and statements
> were in violation of League election standards. A request for the removal
> of the statements was extended to the candidate as well as an advisory to
> refrain from those certain specific actions. The advisories were defiantly
> not heeded and the candidate was declared disqualified. The former
> candidate then requested a review by the full Board of Directors and the
> Board exercised their option to decline the request. An applicable document
> is attached to this report."
>
>
> This director was Don Rehman, K4AC, runnning for reelection in the
> Southeastern division.  The E&E declared him "disqualified," which means
> the other candidate (apparently preferred by the board and president) ran
> unopposed and replaced him.  Details of what statements they wanted removed
> was never explained.
>
> See https://arrlse.org/ for K4AC's side of the story.  Keep scrolling
> down to follow the timeline.  K4AC kept making motions to make the ARRL
> board more transparent, and to change the E&E committee from being
> hand-picked by the ARRL President (K5UR), to being elected by the board.
> Apparently those in power didn't like that.
>
> After being disqualified to run, K4AC filed a legal grievance with the
> judicial grievance counsel of Litchfield, Connecticut, questioning ARRL
> Counsel Chris Imlay's right to serve as ARRL Legal Counsel and negotiate
> with the HOAs, when he has no license to practice law in the state of
> Connecticut.  The curt reply from the grievance counsel is at the bottom of
> the E&E report (briefly, "request for legal misconduct finding denied").
>
> More recently, another director candidate K3RF, an ARRL volunteer counsel
> representing a client on an antenna case, was disqualified from running for
> Director, because, if elected, he would have had to comply with the new
> ARRL code, which means he would have had to publicly support the Amateur
> Radio Parity Act, even though he and his client strongly object to the
> wording, and see it as adverse to their case.  In sum, if elected, his
> forced statements of support would be in conflict with his client's wishes
> to erect an antenna.  The E&E board solved that sticky issue by declaring
> that he was ineligible to run, because if elected, he would have a conflict
> of interest!  In other words, it's an admission that antenna cases are
> adversely affected by the Amateur Radio Parity Act, contrary to ARRL public
> statements.  They declared W3TOM the new director, with no explanation
> given:
>
> http://www.arrl.org/news/director-vice-director-elections-se
> t-in-three-arrl-divisions
>
> For the other side of that story, see:
>
> http://epa-arrl.org/k3rfs-petition-to-run-for-the-directors-
> position-in-the-upcoming-election-for-arrl-atlantic-division-denied/
>
> In sum, the new ARRL CEO Tom Gallagher, NY2RF (no relation to NCCC member
> N6RA), and the ARRL President Rick Roderick, K5UR, have been dismantling
> the ARRL BoD bit by bit, replacing Directors they disagree with whenever
> the opportunity arises, making it more and more like a hand-picked board of
> a for-profit corporation than a "non-stock membership association", the
> legal definition of the ARRL.
>
> I predict that their next move will be to find some excuse to completely
> remove N6AA as Southwestern Division director.
>
> Stay tuned.
>
> In the mean time, there are five directors up for re-election next
> summer.  They all need to be replaced with candidates better able to
> represent the wishes of the membership than the wishes of K5UR and NY2RF,
> especially ARPA "negotiator" and Hudson Division director N2YBB.
>
> 73,
> Bob, N6TV
>
>
>
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