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Seems like it has been "leaked" to at least one non-u$hPa member. Dare to follow the link?
Swift on Oz wrote: Title - Expelled for talking amongst ourselves?
Just how are we supposed to talk with other interested USHPA members?
Anonymously at?
http://www.kitestrings.org/topic33-580. ... e81c#p7735
Tad doesn't care. The letter's posted there.
Or ignore the suggestion of silence, post en-mass and see how many members would be prosecuted for activity against the purpose
and special interest of said corporation. . .
Oooops!
Tad at Kite Strings posted that USHPA wrote:MEMORANDUM
TO:
ALL USHPA MEMBERS
FROM:
RICH HASS, PRESIDENT
DATE:
APRIL 18, 2015
RE:
ROBERT KUCZEWSKI EXPULSION HEARING INFORMATION
At USHPA's Spring 2015 directors meeting, the Board of Directors determined Robert Kuczewski has failed in a material and serious degree to observe the rules of conduct governing this corporation and has engaged in conduct materially and seriously prejudicial to the purposes and interest of USHPA. Consistent with the procedures set forth in USHPA's bylaws and the requirements of the California Code, USHPA's Board will hold an expulsion hearing by conference call at 6:00 PM PDT on April 22, 2015, where Mr. Kuczewski will be given an opportunity to be heard, both orally and in writing. Following the hearing, the board will determine if the expulsion should take place.
Members can download and review the same written documentation related to the expulsion action the board will consider. This documentation includes:
USHPA's notice of expulsion, which includes a list of the reasons for the expulsion action.
A memo to Mr. Kuczewski asking him to focus his response to the proposed expulsion on certain of his actions reflected in the documents.
Copies of emails, depositions and other documents that demonstrate actions by Mr. Kuczewski that the Board found to support the proposed expulsion.
Written documentation provided by Mr. Kuczewski to USHPA for its consideration in deciding whether or not the expulsion should take place.
A review of the expulsion notice and memo will give members a better understanding as to why USHPA's board voted in favor of commencing this expulsion action. USHPA is making the documentation supporting the proposed expulsion and the documentation Mr. Kuczewski submitted in response available to members in the interest of transparency and disclosure. USHPA's reasons for the proposed expulsion and the documents supporting it have been made in writing. As such, USHPA will not be presenting oral testimony or responding to questions at the hearing. At the hearing we will review the specific reasons for the proposed expulsion as outlined in the expulsion notice. Mr. Kuczewski will then have an opportunity to present an oral response. Following his oral response, Mr. Kuczewski can choose to, but is not required to, answer questions, if directors have them. After any questions, Mr. Kuczewski will have an opportunity to summarize the reasons why he believes he should not be expelled from USHPA.
The process for expelling a member is set forth in USHPA's bylaws, which are consistent with requirements in the California Code and form recommended by the California Continuing Education of the Bar. In fact, USHPA is exceeding the minimum notice requirements by providing over 30 days notice when only 10 days is required. The bylaws allow expulsion hearings to be heard by USHPA's Executive Committee. Instead, USHPA's full Board of Directors will participate in the hearing.
So what are the "purposes and interests" of USHPA? They are described in USHPA's Mission Statement. USHPA's primary mission is to ensure the future of free flight through advocacy, communication, community, the development and preservation of flying sites, learning and safety. (Ref: SOP 02-00) Mr. Kuczewski has stated on his forum postings that he is facing expulsion because USHPA doesn't like his calls for reforms at Torrey Pines and within USHPA and because he has participated as an expert witness in a lawsuit against Air California Adventures and a USHPA member on behalf of a student pilot injured in a mid-air collision. Mr. Kuczewski claims USHPA's attorney pursued his expulsion in order to discredit his expert witness testimony. None of these allegations are true.
Mr. Kuczewski's unacceptable behavior falls into four general categories:
Behavior that interferes with instruction and represents a safety hazard at a flying site.
Behavior that jeopardizes landowner relations and, as a result, puts a flying site at jeopardy.
Behavior misrepresenting one's qualifications as an expert witness and misrepresenting USHPA's instruction standards and requirements for the purpose of causing harm to other USHPA members and USHPA certified instructors.
Behavior intended to discredit USHPA, ostensibly for the purpose of promoting his own agenda and organization.
On November 9, 2014, Mr. Kuczewski was arrested following a confrontation with an instructor at Torrey Pines. The instructor believed Mr. Kuczewski's behavior was interfering with his ability to instruct students and asked him to leave. He refused to leave and the police were called. After refusing to comply when the police asked him to leave, he was arrested.
In a subsequent restraining order hearing initiated by Air California Adventures against Mr. Kuczewski, the judge watched Mr. Kuczewski's own video of the confrontation and commented that Mr. Kuczewski's behavior was "just totally unacceptable behavior". The judge encouraged Mr. Kuczewski to avoid similar confrontations in the future.
Rather than heed the judge's admonishment, Mr. Kuczewski returned to the glider port within a week of the hearing and caused a similar confrontation. Once again, police were called after Mr. Kuczewski refused to leave. Police arrested him for the second time - this time for malicious mischief. On April 12, Mr. Kuczewski returned to the Gliderport with a reporter and TV cameraman. Once again, the Police were called when Mr. Kuczewski insisted on taking actions not authorized by the site administrator. Mr. Kuczewski finally obeyed the police officer's demands that he leave the gliderport and he was not arrested. USHPA's board will consider whether Mr. Kuczewski's behavior at the Gliderport is consistent with the purposes and interests of USHPA.
In an ongoing campaign to discredit and apparently displace the concessionaire at Torrey Pines, Mr. Kuczewski has appeared before the San Diego City Council over 60 times. USHPA doesn't question his right to do so as a citizen however USHPA believes the effects of numerous inaccurate, misleading and unsupported statements Mr. Kuczewski has made before the council puts the Torrey Pines flying site at-risk. Links to his testimony before the city council are available for review. USHPA's Board will consider, for example, whether claims of corruption within the city government made by a USHPA member are consistent with USHPA's purpose and interests, or whether they have the potential for putting a landmark flying site at-risk.
Mr. Kuczewski recently served as an expert witness on behalf of the plaintiff in a lawsuit filed against a USHPA member and Air California Adventures, the Torrey Pines concessionaire and flight school. USHPA's board will consider whether he overstated his qualifications as an expert witness and colored his testimony for the purpose of achieving his personal goals with respect to the Torrey Pines Gliderport at the expense of accurate depictions of the standards of care of all flying site managers (including USHPA chapters), and the standards of care applicable to USHPA instructors.
Mr. Kuczewski is not a certified instructor and has no experience managing a flight park or school. He claims that, as a USHPA regional director, he was responsible for safety in the region; a claim apparently intended to overinflate the value of his testimony. Mr. Kuczewski's actual testimony in deposition is available for review. USHPA's Board will consider whether his testimony on the obligations of site managers and paragliding instructors is consistent with the true standard of care of site managers (typically clubs and chapters, but sometimes commercial operations) and paragliding instructors - whether his testimony is consistent with the responsibility of pilots, even student pilots with 26 flights over a 6 month period, to see and avoid other pilots as established by FAA Regulations Part 103 and in USHPA's training program.
The Board will determine whether Mr. Kuczewski's testimony was reasonable and supportable or colored for the purpose of Mr. Kuczewski's own personal agenda. The Board will determine whether, by writing to encourage the plaintiff's counsel to name the City of San Diego in their lawsuit against the Gliderport, Mr. Kuczewski acted in a manner consistent with USHPA's purpose and interests as it relates to site preservation. The Board will consider whether, by providing copies of USHPA's SOP's and other documents to the plaintiff's counsel, he violated USHPA's terms of use, where members agree to download documents only for their personal use.
Mr. Kuczewski had stated that USHPA's expulsion action against him is intended to discredit his testimony in the above trial. He has said that USHPA is obstructing justice and interfering with the plaintiff's rights to a fair hearing. His claims are entirely false. The case was settled last month, prior to USHPA's Board meeting and prior to USHPA taking any expulsion action against him. USHPA deferred taking any action against Mr. Kuczewski until after the matter was resolved in order to avoid any question of USHPA interfering with the case while it was still being heard.
There are other examples where Mr. Kuczewski has gone to great length in his attempts to discredit USHPA while at the same time, promoting his own organization and agenda. For example, in his regional director candidate statement (November 2014 Hang Gliding and Paragliding Magazine), he claims USHPA doesn't let members know how their directors vote, which is untrue and easily verified by a cursory review of any Board minutes over the past several years. He also claims USHPA's leadership uses things like committee chairmanship appointments and awards to "keep directors in line" yet he fails to offer even a single example.
Recently, there was a tragic tandem accident near Las Vegas, involving the death of the tandem instructor and his young student. Within days of the accident, Mr. Kuczewski claimed USHPA "rushes in to do damage control (suppression of information)". However, the true facts are that USHPA's Accident Reporting Committee immediately offered its expertise and is cooperating with local officials and the FAA in investigating and reporting on the accident with the single objective of learning how to avoid similar accidents in the future. Mr. Kuczewski's claims are baseless and entirely false, not to mention, insensitive and inappropriate in the days following a tragic accident. USHPA directors will consider whether claims such as these are consistent with USHPA's purposes and interests.
The Board will be consider whether there are other ways for USHPA to address Mr. Kuczewski's behavior short of expulsion. USHPA simply wants the objectionable behavior to stop. Unfortunately, his behavior is getting worse over time - not better, as evidenced by his multiple arrests and his failure to heed the advice of a judge. If he doesn't listen to a judge, will he listen to USHPA? Expulsion is a last resort and unfortunately, USHPA directors are now in a position of having to evaluate Mr. Kuczewski's behavior and make a responsible decision.
Members are welcome to review the documents directors will be evaluate in their deliberations and draw their own conclusions. USHPA recognizes this evaluation process is time consuming but it is an important element in understanding why USHPA is taking this expulsion action. The Board looks forward to hearing Mr. Kuczewski's explanation of his behavior before making a final determination. In the interim, we ask members to be patient and open minded, giving Mr. Kuczewski an opportunity to defend his actions as he sees fit.
USHPA will hold the hearing during an open session conference call, where members may call in and listen but won't be able to speak. Call-in instructions and documents related to the expulsion hearing may be viewed by members in the Members Only section of the USHPA web site at:
https://www.ushpa.aero/member_expulsion ... 150422.asp
