[SCCC] Fwd: ARRL Code of Conduct and the Public Censure of N6AA

Jim Neiger n6tj at sbcglobal.net
Sat Dec 2 13:42:45 EST 2017




-------- Forwarded Message --------
Subject: 	ARRL Code of Conduct and the Public Censure of N6AA
Date: 	Fri, 1 Dec 2017 18:04:52 -0800
From: 	Bob Wilson, N6TV <n6tv at arrl.net>
To: 	MLDXCC Reflector <mldxcc at contesting.com>, NCDXC Reflector 
<chat at ncdxc.org>, NCDXF Board <ncdxf-bod at kkn.net>, NCCC Reflector 
<nccc at contesting.com>



(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 <http://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 <mailto: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 <mailto:nccc at contesting.com>>


On Mon, Nov 27, 2017 at 4:12 PM, Bill Haddon <haddon.bill at gmail.com 
<mailto: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%20Reports/2017/January/13%20E_E%20Annual%20Report%202016%20final.pdf
    <http://www.arrl.org/files/file/About%20ARRL/Committee%20Reports/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-set-in-three-arrl-divisions 
<http://www.arrl.org/news/director-vice-director-elections-set-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/ 
<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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