[Bob Kuczewski]

Appeal to USHPA Region 3 Director Ken Andrews

For the past few months, I've been holding email discussions with our new Region 3 Director, Ken Andrews. I've been asking Ken to correct USHPA's unjust expulsion carried out last spring.

Without going into all of the details of the discussions, let me just post the message that I sent to Ken today:

Region 3 Director Ken Andrews (bcc to a number of friends),

Hi Ken,

On February 22nd, I sent you this suggested letter that you might adapt to bring the matter of my unjust expulsion to the USHPA Board of Directors:

     ======== Suggested Letter from Ken to USHPA Board =========
     Members of the USHPA Board,

     I am writing to ask that the reinstatement of Bob Kuczewski's USHPA
     membership be added to the agenda for the Spring 2016 Board meeting.
     I believe there are facts and issues which were not fully known by the
     Board at the time of the expulsion, and I believe the case deserves to
     be reviewed. I have known Bob for many years and I believe that some
     of the accusations levied against him were untrue. It also appears that
     the courts and the City of San Diego have upheld Bob's right to be at
     the Gliderport and have not found him guilty of any violations at that
     park. I would like the matter added to the agenda so the expulsion can
     be reviewed in the proper light. I am making this request as Regional
     Director of Region 3 which is Bob's home Region.

     Sincerely,
     K ...
     ======================================

That was just a suggestion and I offered to work with you to draft whatever you felt would be most appropriate and effective.

The USHPA Board meeting starts in less than a week, and you have not shown any interest in correcting this injustice. I don't expect that you've changed your mind since February 22nd, but I am sending this as a final request for your action prior to that Board meeting. I am also circulating this message to a wider audience than our previous discussions because I believe that openness is the only hope that pilots have to either get fair treatment ... or show that USHPA is lost.

Thanks in advance for any reply,
Sincerely,
Bob Kuczewski
858-204-7499

Now I currently believe that Ken is a good man, and this posting is not meant to smear him. His actions will speak for themselves. But I also believe that Ken is afraid that if he stands up to fix this injustice then he will be "black balled" by the rest of the USHPA Board and will be unable to accomplish any of the other things he might want to accomplish within USHPA. This is another example of how dysfunctional the USHPA Board has become.

I plan to update this topic as the matter progresses.

[Bill Cummings]

Region 3 Director Ken Andrews, (emailed to Ken just after 8pm MDT)
Although I'm from Region #4 ( Pilot # 30448), I'm writing to you, since my written recommendations to both of my Region #4 Directors were a waste of my time.

One director seconded the original motion to expel Bob K., an H4 P4 pilot, who had broken no safety SOP's.

Both region #4 directors voted against my recommendation.
The multiple safety warnings that Bob K. identified years earlier, regarding the Glider Port, came true and now, since everyone has been looking the other way, USHPA is scrambling to get insurance.

USHPA's retained lawyer didn't represent an injured woman PG pilot who was supposed to be under the direction of the Glider Port's instructing staff.

Instead, USHPA's lawyer, Tim Herr, defended the business that eventually paid an undisclosed amount to the injured PG pilot.

The injured PG pilot should have had every expectation that the safety deficiencies, previously brought to light concerning the Glider Port, were addressed by the USHPA. This is what members pay dues for.

Members don't pay dues to back a business that is misusing our FAA tandem exemption to enrich themselves providing joy rides. (particularly to children.)

That some of our senior USHPA members being deposed were representing the defense (business) and not the injured student PG pilot is action against USHPA's safety interest. Why were THESE members not chewed out?

The protective order against Bob filed by the glider port wasn't granted.
There were no grounds for the Glider Port to have Bob K arrested twice that I remember.
The legal system has come down on Bob's side causing many of the membership to know that USHPA acted prematurely before the legal dust settled and without just cause.
I would recommend that the fair thing to do is revisit the expulsion for Bob K at the Spring Board Meeting even if you intend to vote against reinstatement.
It would surly place you in a very favorable light for those of us watching an expulsion of a member from the only game in town.
If it can happen to Bob it could happen to me --- you or anybody else.
Thank you
Bill Cummings # 30448

[Rick Masters]

If it can happen to Bob it could happen to me --- you or anybody else.

Not to me. I won't join an organization that treats its members this way.

- Form a national recreational hang gliding association that places its members first -

[dhmartens]

If Bobk isn't restored, there will be no organization to join, bank on it.
http://www.businessinsurance.com/articl ... california

Bring it on. We are waiting.

note: Bobk must also be reasonable in this matter.

[JoeF]

The unjust expulsion of Bob Kuczewski is symptomatic of an org fail. System revision is invited.
Time for surgery is coming up.

"Be ready to revise any system, scrap any method, abandon any theory, if the success of the job requires it."
~ Henry Ford

I am wondering if an RRG needs to be just to the members of the activity being covered. The State of California Department of Insurance probably will not look well upon an RRG that unjustly posits effects like keeping California citizens from being fairly treated in the important recreational sector.

My bet is that the F.A.A. would not deem unjust treatment of five-way safety-serving pilots as fulfilling the self-regulation mandate.
At some point soon the wash will occur.

Communicating with networks have been on hold while the unjust-acting org considers just how it really wants to treat its members.
Silencing, false accusation, character assassination, and unjust expulsion from recreational hang gliding are not facets of an org that deserves to remain extant. Self-extinction could be a choice for the injuring org.

[Rick Masters]

"The board of directors determined that as a newly-formed business enterprise," the RRG "simply cannot incur the cost of protracted litigation with the state of California," the group said in a statement.

Good thing all that money went to "a one-time payment," huh?

[Bob Kuczewski]

Ken Andrews responded to Bill with a copy to myself.

So far Ken has refused to request that my reinstatement be added to the agenda for the Spring USHPA Board meeting. Ken has also refused to work with me in any effort to restore my ability to fly unless I agree to what I would call "gag order" conditions. Ken prefers the phrase "agree in good faith to stop his attacks on USHPA and on the Torrey concessionaire, and stay out of hang gliding politics", but I think that's pretty easy to translate as a "gag order".

Here's Ken's recent reply to Bill which was sent to me as well:

Bill,

I presume you were one of the people that Bob blind-copied earlier today on an email message that he addressed to me. What Bob did not say in that email is that I have discussed his situation with him at considerable length, both by email and in person, over the last several weeks. I explained to him that I would not submit his letter requesting that his reinstatement be added to the agenda for the Spring board meeting, because I think it’s obvious that it could not help his situation, and it would likely harm it. As I expect you know, Bob was expelled unanimously by the board, and I am the only new member since then. Hence, it’s pretty clear that such an agenda item would not be welcome by the vast majority of the board and it would be summarily dismissed. It would also lessen whatever ability I might have to work on his behalf in the future.

Instead, I have offered several times to work with Bob on a compromise. I'll work for his reinstatement if he will agree in good faith to stop his attacks on USHPA and on the Torrey concessionaire, and stay out of hang gliding politics. Bob refused this offer, and he has been unwilling to suggest any alternative compromise. Simply put, I believe the only positive path forward requires a compromise, and Bob is not interested in that. When he is, I’m here to help.

-Ken

So if I agree not to criticize USHPA and not to criticize the Torrey Concessionaire, and to stay out of hang gliding politics (likely requiring me to resign from the US Hawks), then Ken will see what he can do to reverse an expulsion that was never justified in the first place?!?.

Ken's assimilation appears to be complete.

[Bob Kuczewski]

Here's my reply to Ken which I just sent:

Hello Ken (cc Bill and bcc others),

As I've stated before, your "compromise" is effectively an admission of guilt which would put me into a different class of pilots from all other USHPA members who are free to engage in flying politics and be critical of USHPA and of the Torrey Concessionaire - as they SHOULD BE. As I've stated before, your "compromise" would have me volunteering to enter that class of pilots when I had committed no violations deserving of such "second class" status ... or expulsion in the first place.

You are also incorrect to say that my expulsion was unanimous. Alan Crouse (who's certainly no fan of mine) abstained. Between yourself and Alan, that would be 2 thirds of our Region 3 Directors. It would be very easy to make the case that both Alan and yourself should be the ones - as Directors in my region - to make decisions regarding members in that region. It would be an easy case to make that you understand the issues (and politics) in your region better than any of the other Directors.

Furthermore, USHPA has a tradition of backing decisions made by local Directors when brought to the Board. So you are wrong to take the position that it's hopeless. Furthermore, justice is not about reading the "tea leaves" on what others might or might not do. Justice requires men of character who will say what needs to be said regardless of how others might or might not respond (take a look at Bill's example below). That's also what leadership is about. It's not about guessing where others might be, but about finding a way to bring them to where they should be - because it's the right thing to do. That's what will earn you my respect and the respect of the larger community.

But all of this talk about what you might do or might not do is moot if you don't want to fix the problem. That's why I've asked over and over whether you believe the suspension was just or unjust. That's where you have to start, and I haven't yet heard you utter the words that you felt it was unjust. You seem to be dodging that key aspect of this issue.

I have continued to push this dialog because when I went through the charges with you - one by one - at Dockweiler, you indicated (at that time) that you didn't find a single charge worthy of expelling someone from USHPA. If you've found something that you feel is deserving, then please speak up about it and let pilots see where your values lie.

Finally, I'd like to ask you to send any statement or agreement or other document that you've signed with USHPA to become a Regional Director. As I recall (I'll be checking my records) they require some sort of a "Loyalty Pledge" that must be signed to become a Director. If you can share that it might help pilots understand how USHPA has shackled the Directors that they've elected.

Thanks,
Bob Kuczewski

Note that since I was replying to Ken's reply to Bill, Bill's original message was also attached below my reply to Ken. That's what Bill has already posted in the second post in this topic. Thanks Bill!!

[Bob Kuczewski]

There's actually been quite a bit of email discussion about this issue with Ken.

Unfortunately, at this point I think he will stand by his requirement that I must agree to a "gag order" before he will even bring the matter to the USHPA Board. This is very sad indeed. Here's part of a message that I sent to Ken and a few observers on February 29th, 2016:

Hello Ken (cc others),

These are all photos of actions by USHPA members "in good standing" at Torrey.

Let's start with the violations of the San Diego City Gliderport lease. The lease states:

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Yet the concessionaire violates this lease by renting out our LZ for private parties which have NOT been approved by the City. This puts the flying site at risk. Here's the proof...

Here's a picture of me moments after landing my Falcon at Torrey Pines. Note the circled tower in the background for perspective as well as the white PVC "star" we use as a target:

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Now here's a picture from almost the same perspective while the LZ was being leased to the Pro Flowers corporation for their company picnic - no relation to flying whatsoever:

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The entire area where we would normally land hang gliders was fenced off for the company employees or used for parking. I contacted the Pro Flowers folks and they didn't give me the exact amount they paid, but they did confirm that it was many thousands of dollars. And yes, it was a flyable day as evidenced by the swooping paraglider flying in this frame:

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In that last photo, you can see the white "star" in roughly the center of the circled area. That is the same white star from my earlier landing photo. As I mentioned, it was a flyable day as proved by the swooping paraglider in this frame, but hang gliders had no place to land.

Here is another occasion where they leased out portions of the Gliderport - again in violation of their lease which prohibits subleasing. This was for another non-flying-related party. Robin Marien (foreground) and his thugs (including Gabe Jebb) attempted to physically block me from taking pictures of their violation and tried to have me arrested to keep me from doing so. I have video of all of this.

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Here's a picture of Gabe Jebb's "pig farm" just below the hang glider landing area. Note the large sleeping pig (or hog?) in the center. This is another violation of the City's lease which states "and for no other purpose whatsoever". This puts the site at risk:

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I reported the pig to the City, and it was later removed. Who is to blame if the City doesn't appreciate these abuses? Me for reporting it? Or Robin Marien and Gabe Jebb for doing it? Or better yet, USHPA for shooting the messenger while implicitly condoning the violations?

Then there are the continual violations of the City's no smoking ordinance:

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That sign is posted right on the Gliderport building and at several other locations in the park.

In this next photo, Robin Marien (Torrey Concessionare, and USHPA member in good standing) turns to point mockingly at the City sign with a lit cigarette dangling from his mouth while he knows that I am standing right there videotaping his violation. I had informed him of the violation, and at this point in the video, he is saying "You mean that sign" as he turns to point at the City of San Diego sign pictured above.

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Violations of the City's non-smoking laws are also a violation of the lease which requires compliance with all laws. Yet the concessionaire (Robin Marien) and his buddies (Gabe Jebb, for example) smoke there all the time putting the site at risk:

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And let's not forget the public vulgarity. These are just pictures (the verbal profanity is worse). Does this kind of public behavior by the concessionaire help to protect the site or does it endanger it?

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In that last picture (again from video), Robin Marien is saying:

     "Go show that to the City Council"

which you can bet that I did. Who is to blame there? The concessionaire for doing the deed or me for simply reporting it as he requested? Who should USHPA expel?

And then there's the accidents. They're almost as repeatable as clockwork, and I know of many which were never reported to USHPA. But they show up on the local news all the time:

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Indeed, the Hamby accident ended up being one of the straws (more like telephone poles) that "broke the camel's back" on USHPA's insurance. My testimony in that case simply mirrored what I had witnessed myself - and continue to witness - at an out-of-control flying site that USHPA has failed to fix.

Now my "crime" in USHPA's eyes is that I report these problems to the City of San Diego, and to the press, and I testify to them in court. And for that "crime" I've been expelled.

Yet the people who have actually committed all of the violations and abuses, and who ARE actually threatening the Torrey Pines flying site remain members in good standing of USHPA.

Regardless of how you might interpret USHPA's "purpose and interests" of the corporation clause, how can it be more of a violation of USHPA's rules to report such violations than to commit them in the first place?

If USHPA is serious about protecting flying sites, then they need to punish the behavior that puts sites at risk and reward the behavior that reports these risks. USHPA has done the exact opposite at Torrey Pines, and that's what threatens our sports.

As a Director, Ken, you can step up and correct this or turn your head and ignore it.

Ken appears to be turning his head and ignoring it.

Ken Andrews never responded to any of the issues in this email message.

[JoeF]

The movement for justice for good caring pilots in orgs in US is underway.
Click to see full image: (or scroll).

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How wide and deep will the movement need to be in order to effect justice for good pilots who work for the safety and good of hang gliding in the US?

Smart and wise HG pilots are invited to get informed about the matter. Ignored cancer has free reign to grow.

The matter is outstanding. Fresh action is invited to correct the deal. The break does not just disappear; the break needs mending.