[Bob Kuczewski]

For the record, here's my latest reply to Martin Palmaz:

Date: Wed, 25 Mar 2015
From: Bob Kuczewski <bob@ushawks.org>
To: Martin Palmaz <Martin@ushpa.aero>
Cc: Rich Hass <richhass@me.com>
Subject: RE: Hearing Notification - Robert Kuczewski

Mr. Palmaz and Mr. Hass (bcc others),

There are two elements to a trial:

     Laws or Rules that are purported to have been violated.
     Specific actions that violate the cited Laws or Rules.

So far, you have only produced a list of what you claim are my actions. I dispute some of them, and those disputes will be part of what I will present. But you haven't cited any specific rules that have been violated by anything I've even been accused of doing.

In a normal due process proceeding (which I'm recently familiar with), the "prosecution" must list very precisely which sections of the code have been broken. You can't simply tell me to read the 222 page USHPA SOP's and Bylaws and tell me to find my own violations. That's the job of the prosecution, and that's the first step in justice. If you cannot cite a very specific section of the USHPA Bylaws or SOP's that I've violated, then I suggest that your Board of Directors may have been acting more out of emotion than out of logic when initiating this action. If that's the case, then I ask for a summary dismissal of this proceeding right now.

Sincerely,
Bob Kuczewski

[Rick Masters]

If we abandon USHPA without a viable alternative ... they win.

Bob, a bee swarm in flight always lands on another branch.
Hang glider pilots have come together before and obtained insurance. I see no reason at all it couldn't be done again.
What? We need a bunch of parachutists to tell us it's okay?
Maybe after your "trial," you will think differently.


A jury of his peers.

[JoeF]

The Genius of Swarms
http://ngm.nationalgeographic.com/2007/ ... iller-text

[wingspan33]

Just been doing a little research and found some information at The State Bar of California's web site.

Info I have found is VERY likely to define what Tim Herr is doing (representing both the U$hPA and Air California Adventure Inc.) as being a violation of his ethical duties as a lawyer. I've got a good number of other "rules" to look over, but there's another that also has potential to apply. There may end up being a few or more.

When you're having legal problems, call a lawyer. When a lawyer is causing you problems,
look into their potential violation of one or more State Bar Ethical Rules. . . . .

Anybody else want to do some research, here's a link -

http://rules.calbar.ca.gov/Rules/Ruleso ... Rules.aspx

[SamKellner]

I am currently "Bob Hawk" on the Oz Forum.

Bob Hawk



I could hardly believe my eyes.

I'm not sure whether or not to congratulate you, BobK.

IMO, it is great to see you on there.

[dhmartens]

One of 2 messages I received:

From: Mgforbes Quote message
To: Dhmartens
Posted: Thu, Mar 26 2015, 5:38 am
Subject: Additional insured
Just checked the FAQ…you can add one insured landowner under the USUA policy through
First Flight. It's also coverage-by-hull, so if you change gliders you need to make sure
it's registered through USUA and you have to notify the change to the insurers.

MGF

_________________
Mark G. Forbes
<email>
USHPA Regional Director--Region 1 (OR/WA/AK)

I posted information on your new insurance company at shga
The question is can the gliderport block you from flying there based on insurance broker discrimination.
http://www.shga.com/forum/phpBB2/postin ... st&p=19556

[Bob Kuczewski]

Thanks Doug!!

I like the exploration of alternative insurance options. If getting hang gliding insurance were as competitive and easy as getting auto insurance, then we wouldn't have any of these problems. That's what we should work toward.

I don't think that would help me right now since the concessionaire at Torrey ("Air California Adventure") can make up their own rules for what they require. Right now, for example, they're requiring that your name cannot be "Bob Kuczewski" since I've been arrested twice for "trespassing" just because I'm me.

But alternative insurance will be the key to the growth of the US Hawks and it will be key to unleashing us from the tyranny of USHPA. Thanks very much for contributing to our progress in that regard!!!

[Bob Kuczewski]

I am currently "Bob Hawk" on the Oz Forum.

Bob Hawk



I could hardly believe my eyes.

I'm not sure whether or not to congratulate you, BobK.

IMO, it is great to see you on there.

Thanks Sam!!

[Bob Kuczewski]

More from USHPA's Executive Director ...

Yesterday I again asked for the citations from USHPA's Bylaws and SOPs that USHPA is claiming that I've violated (see my messages above). It appears that USHPA is playing the game:

     "You've broken a rule, and we're not going to tell you what rule you've broken."

So here's what I got back from USHPA's Executive Director (Martin Palmaz):

From: Martin Palmaz
To: Bob Kuczewski
Cc: Rich Hass
Subject: RE: Hearing Notification - Robert Kuczewski
Date: Wed, 25 Mar 2015 23:17:06 +0000

Mr. Kuczewski,

The USHPA bylaws provide that you are to be given a notice "setting forth the expulsion or suspension and the reasons therefore" A notice has been sent to you, setting out the proposed expulsion and very detailed reasons therefore. We are not going to engage in further discussion on the notice and the reasons for expulsion cited therein.

You are free to make whatever arguments you think appropriate at the hearing.

Respectfully,

Martin Palmaz, USHPA Executive Director

Tel: 719-632-8300

Yup, that's pretty plain:

     "You've broken a rule, and we're not going to tell you what rule you've broken."

Here's my reply from earlier this morning:

From: Bob Kuczewski
To: Martin Palmaz
Cc: Rich Hass
Bcc: Observers
Subject: RE: Hearing Notification - Robert Kuczewski
Date: Thu, 26 Mar 2015 09:18:24 -0700

Mr. Palmaz and Mr. Hass (bcc observers),

USHPA provides its members with a 222 page document outlining every aspect of USHPA's rules that we are supposed to follow.

If you are expelling a member, you should have the decency to be able to point to the specific rules that you are accusing the member of having violated.

Again, if you are unwilling or unable to provide the first step in justice by citing the rules broken, then I am again asking you to summarily dismiss this matter as lacking foundation.

Sincerely,
Bob Kuczewski

[Bob Kuczewski]

I have a number of lawyers on the "blind copy" list of my messages to USHPA. Based on the advice from one of them, I've sent this additional message to USHPA:

From: Bob Kuczewski
To: Martin Palmaz, Rich Hass
Subject: RE: Hearing Notification - Robert Kuczewski
Date: Thu, 26 Mar 2015 11:28:19 -0700

Mr. Palmaz and Mr. Hass (bcc observers),

My observer's list includes several lawyers and I suspect you are similarly sharing our correspondence with USHPA's lawyer, Tim Herr.

One of the lawyers on my observer's list has advised me to amend my previous requests with a statement that your process is a violation of my due process rights. He states:

     Ejecting a member must be done with due process.
     “Due process” means notice and an opportunity to be heard.
     Notice has two parts and includes
       (1) notice of the conduct that is proposed for sanction and
       (2) the rules that conduct is purported to violate.

I am hereby making that amendment, and I am again asking for item (2) in his list.

I am also requesting that if USHPA's lawyer, Tim Herr, is allowed to participate in this proceeding (in any way) that I also be allowed to have legal representation. Your original message stated:

     "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."

I would like that message amended to reflect my right to legal and other representation at the upcoming hearing.

Finally, I assert that this action is a misguided attempt at retaliation for my efforts to obtain justice and fairness at Torrey Pines and elsewhere. I formally request that USHPA dismiss this action immediately or I will be seeking legal fees and punitive damages if legal action is necessary.

Sincerely,
Bob Kuczewski