US Hawks Hang Gliding Association

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.

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, ...

And I can imagine that somewhere somebody's putting wads of money in their pockets.

RickMasters wrote:

And I can imagine that somewhere somebody's putting wads of money in their pockets.

Thousands of hang glider pilots.

I'm guessing you're meaning to be along the lines of those pilots not sending their money in to renew their memberships in the U$hPA?

RickMasters wrote:

RickMasters wrote:Thousands of hang glider pilots who seem to believe that being under the thumb of parachuting is good for them.
Thousands of hang glider pilots who must believe persecuting hang glider pilots who speak out is in their interest.
Thousands of hang glider pilots who will pay the lawyer fees to persecute hang glider pilots who speak out.
Thousands of hang glider pilots who will sit idly by so as not to rock the boat as it sinks.
Pathetic. Shameful.
I'm glad not to be part of the U$hPA.
The anti-American nature of this mutated organization is beyond belief.

RickMasters wrote:Yes. There is a certain point where the U$hPA will become irrelevant.
That point will be reached when enough hang glider pilots decide to form and financially support an alternative national organization devoted to hang gliding.
Rather than butt heads or try to change the U$hPA from a minority position, it will be much better to start anew.
The U$hPA may need hang gliding,
but hang gliding certainly doesn't need the U$hPA.
Don't drink the kool-aid.
As a first step, hang glider pilots need to recognize they have lost the USHGA.
It's finished.
Walk away.
Start over.
Build a national hang gliding organization.