[Bob Kuczewski]

Hero Hawk: Bill Cummings

On April 29th, 2019, Bill Cummings laid out the details of his own independent investigation of the Torrey Pines City Park Advisory Board history. Bill took the time to dig through the City of San Diego web site and find the actual documents. Bill posted his findings on the "Oz Forum" which makes him a target for both Davis Straub and USHPA. Here's part of that topic:

http://ozreport.com/forum/viewtopic.php?t=59447&start=25

Ben, Here is more information that can be checked out on the San Diego City website as an independent source that will prove that the City of San Diego reneged on their lawsuit settlement concerning Hang Gliding at Torrey Pines. This was the proof that Graeme H. demanded of me then refused to verify my research:

Re: The heat is on! Sat, Jun 13 2015, 3:50:42 pm
“I am also bemused by your claim that the "Evidence" is posted at the US Hawks, all that is there is lies and spin designed to fool the easily fooled.--"

Independent evidence of:
San Diego Shenanigans

There has been some discussion about how the City of San Diego has protected the Torrey Pines Gliderport Concessionaire (David Jebb and now Robin Marien) from oversight. This topic exposes some of those actions.

Let's start with a step by step exposition of the City Council violating the terms of the 2007 CLEAN lawsuit settlement. Note that the links to the City of San Diego documents are given, but the appropriate sections from each document are also included below for your convenience.

STEP 1. Start with the San Diego City Charter, Article V, Section 43.
You can find the full document here:

http://docs.sandiego.gov/citycharter/Article%20V.pdf

Go to section 43 (currently page 16), and see that it defines "Advisory Boards and Committeees".

Read section 43(a) and convince yourself that it defines "Advisory Boards".

Read section 43(b) and convince yourself that it defines "Citizens' Committees".

STEP 2. Read the CLEAN Settlement Agreement from 2007.
You can find the full document here:

http://docs.sandiego.gov/council_reso_ordinance/rao2007/R-302749.pdf

Read the paragraph that starts on Page 1, and focus on sub-paragraph (4).

Convince yourself that the City of San Diego agreed to form an "Advisory Board".

STEP 3. Read what the City Council actually passed.

You can find the full document here:

http://docs.sandiego.gov/council_reso_ordinance/rao2008/R-303300.pdf

Read the paragraph on page 2 that starts with "BE IT RESOLVED".

Convince yourself that it establishes an "Advisory Board" under City Charter 43(b).

Remind yourself, that Advisory Boards can only be established under 43(a)!!!

Was this an "accident"? Why does it matter?

Re-read the City Charter sections 43(a) and 43(b). Note the key differences between Advisory Boards and Citizens Committees. In particular note that Citizen's Committees have very narrow scope and must terminate. Advisory Boards have no such restrictions. This wasn't done by "accident". Someone in the City INTENTIONALLY avoided 43(a) and INTENTIONALLY created the "Advisory Board" under 43(b).

That's how far the Torrey Pines Corruption has gone in San Diego.

These are the supporting quotes from the documents referenced above:

The City Council may by ordinance create and establish advisory boards. Such boards shall be advisory to the Mayor, Council or City Manager as may be designated by ordinance. All members of such boards shall be appointed by the Mayor with Council confirmation, and the terms of office of such members may extend beyond the elective term of the appointing Mayor. The members of such boards shall serve without compensation and it shall be their duty to consult and advise with the Mayor, Council or City Manager, as the case may be, but not to direct the conduct of any Department or Division. Members of such advisory boards shall be limited to a maximum of eight consecutive years in office and an interval of four (4) years must pass before such persons can be reappointed.

The Mayor, City Council or City Manager may create and establish citizens’ committees. Such committees shall be created and established only for the purpose of advising on questions with clearly defined objectives, and shall be temporary in nature, and shall be dissolved upon the completion of the objectives for which they were created. Committee members shall serve without compensation.

WHEREAS, the settlement agreement requires the City to:

(4) Establish a Torrey Pines City Park Advisory Board whose members shall be appointed within 120 days of the date of the agreement and who shall include representatives of the following Gliderport user groups: (1) paragliders, (2) hangliders, (3) sailplane gliders, and (4) radio-controlled model sailplane gliders as well as at least two representatives from non-profit environmental groups.

BE IT RESOLVED, by the Council of the City of San Diego, that there is hereby established pursuant to City Charter section 43(b) a Torrey Pines City Park Advisory Board to consist of eleven members who shall serve without compensation. The members shall serve for two year staggered terms. The members shall be appointed by the Mayor. The Board shall be composed of the following:

One at-large member;
One member from the San Diego Hangliding and Paragliding Association, to represent paragliders, and one member from the Torrey Hawks Hang Gliding Club who is also a member of the San Diego Hangliding and Paragliding Association, to represent hangliders.

Thanks Bill!!!

    
    
    
    
    
    
    
    

Updated on 2021-06-11 to add R-302749 Settlement Agreement mentioned above.

[Bob Kuczewski]

Hero Hawk: Ben Reese

http://ozreport.com/forum/viewtopic.php ... 7&start=26

When I started this thread I chose the title wording carefully..

      "B K's Expulsion Update"

I had new information regarding some things I believed BK had done which warranted his expulsion. New information not rehashing the old stuff.

The new evidence:

The evidence was contrary to my accusations of contacting a plaintiff's attorneys. The evidence was contrary to BK wanting to testify with the explicit goal of harming USHPA. The evidence was contrary to BK committing purgery which is what some were saying.

Before he agreed to testify as an expert witness, BK said in writing to plaintiff Attorneys that his goals were not the same as theirs. That he did not want to damage his work to get oversite established at the Torrey Pines glider port.

Accusations are one thing and records in writing are another thing. Seperating the two is a requirement when judging a persons intent. BK's intent was to testify truthfully about a subject he knew well. That is why the plaintiff's attorney approached him. BK knew his testimony would be damaging to the defendant ACA and USHPA who was backing them. The Plaintiffs attorneys knew BK's testimony would be useful in their case because of video recorded SD City Council meetings where BK has made endless appearances.

His testimony was a natural result of his activism and efforts to solve a known problem with operations conducted by ACA. BK continues to go to these meetings and speak. I am not endorsing his style of communication at these meetings. I honestly find his style offensive and counter productive. That is my personal judgement. He is free to present his info in these meetings under the 1st Admendment "Freedom of Speech".

My not liking his style and others I am sure would agree also don't like it. We can't base his expulsion on these actions. An exception can be made that, delivering false information at public meetings harming USHPA and its relationship with the City of SD could be a reason for expulsion. So far the evidence I find does not support this conclusion.

BK presents evidence of 16 accidents involving PG's which is contrary to ACA's published safety record on their web site. BK seems to own this argument. So much so that he is being sued for libel for posting 16 Documented News reports at SD City Council Meetimgs and on his Forum US Hawks. 

He believes the most recent deaths were preventable if both USHPA and City of SD had done their jobs properly.. 

To fly at Torrey under ACA's own rules PG's must have a P3 with a previous 50 hrs min logged. BK is publicly recorded stating that in the latest tragic deaths of two PG's, one was a P1 and one a P3 with less than 50 hrs. Both Rated in FEB 2019 with accident occurring on March 9th.

BK believes that an oversite committee which previously existed or USHPA doing its job properly or ACA enforcing its own rules would have prevented the original accident/lawsuit he testified in and the most recent double fatality at Torrey Pines. 

How can he be proved wrong? How can he really lose this current lawsuit filed against him by ACA?

It appears we/USHPA are in trouble again because of negligent practices by ACA. The City of SD is unhappy about this and on-going unresolved issues BK keeps pointing out. The flying site is in jepordy with these continuing tragedies.

BK is in a personal fight with ACA. USHPA and the City of SD has backed ACA until now. There is enough obvious evidence against ACA that USHPA and City of SD must be very uncomfortable in their support of ACA.

If not then this will be yet another example of how USHPA has failed us.

Hang Gliding takes another body blow by having to pay out of pocket because of ACA and PG disasters.

We could also lose a flying site because of BK's style in directly blaming City Council Members for these recent deaths.

Once again the common denominator is ACA's procedures and practices which seem contrary to published SOP's and common sense..

USHPA needs to be on the right side here. If it's not, then it has no reason for existence and is a threat to the very sport it claims to promote. We as members must ensure that USHPA is accountable to our best interests…

This means liabilities and those causing them must be eliminated.

B R

Thanks Ben!!!

    
    
    
    
    
    
    
    

[Bob Kuczewski]

Hero Hawk: Harry Martin

http://ozreport.com/forum/viewtopic.php ... 1&start=37

How to get out the red? I have no ideas.
Except, maybe it's for the best. If we are all going to hit the ground at the same time, it may be the best time to declare bankruptcy, hit the reset switch, and start over with FULL member oversight, priority on improving instruction, better site hospitality, and making sure we encourage pilot skills and proficiency. Pilots should be rewarded for pointing out safety issues, not punished or silenced.

It will require volunteers who do not need a six figure salary.

I did voluntary computer work decades ago for the USHGA.
I was a volunteer club membership director for the Sylmar club and maintained our club database. Never got paid to do any of that.

Local sites could maintain their own databases and share them on a national level. Sites have their own unique safety guidelines and those local pilots know what standards need to be met to fly there.

Ratings shouldn't be pulled cause someone forgot to mail the check in.
Ratings shouldn't be pulled cause they speak out against a flawed system.

Our current system is punishing pilots, not rewarding them. We are all being punished, and pretty soon we are going to hit the ground pretty hard.

Tiki is right to speak up. I've known her for years and she is a straight up shooter and tells it like it is.

We need to stop punishing ourselves.

My favorite passages:

... start over with FULL member oversight ...

Pilots should be rewarded for pointing out safety issues, not punished or silenced.

Ratings shouldn't be pulled cause they speak out against a flawed system.

Thanks Harry!!!

    
    
    
    
    
    
    
    

[Bob Kuczewski]

Hero Hawk: Joe Faust

Topic: Tiki critiques the USHPA
Date: Thu, May 16 2019,  5:41:31 am
Link: Oz Forum

Overall complete transparency is one thing I hope to gain as an outcome of all of this.

Tiki, you then should not have voted to oust a fine pilot who was working for that same goal. 
=============================================================

Also, we are all (Members, EC, ED, BOD, etc) working towards the same ultimate goal for the USHPA, we are all on the same team, we just take a different path to get there.

Whoa! Not so fast with the words, there, Tiki! What "ultimate goal"? Some do not want the "P". Etc. 
====================================

Look we are all in this together, there is no malice on the part of anyone in this organization. We all want the same thing.

Not so fast and slippery there! Some of us in "all" are aside because there has been malice on the part of some in "this" org. It is malice to remove a good pilot who simply stayed a hard worker for such things as transparency; the org needs to repair the malice that is still being effected. The malice unrepaired will bring more "red"; repair the matter and win the talents of many who have been forming USHawks: a transparent org dedicated to a sole focus on recreational hang gliding.

I believe its best days are coming if we pull together.

Big "if" … Key: "together". That is, mend the matter about the oust of BobK. There will be no "together" without that mending. 
======================================

… to smack down a bad idea, it really, really helps to have a better alternative.

Focus on recreational hang gliding; consider the evolution of the US Hawks HGA for the HG sector in the US. Focus. 
======================================

Thanks Joe!!!

    
    
    
    
    
    
    
    

[Bob Kuczewski]

Heroic Speeches at the San Diego City Council:

Mike Giles



Bryan Yute



Ernie Casco
    (already listed ... but worth repeating)




    
    
    
    
    
    
    
    

[Bob Kuczewski]

This video doesn't quite fit the definition of a "Hero Hawk", but it's inspiring just the same!!



I have to salute the bravery of that little hawk!!

[Bob Kuczewski]

Hero Hawk: Craig Muhonen

I'm not always at liberty to say why someone is a Hero Hawk, and unfortunately, this is one of those times. So without giving any details (at this time), let me just say that Craig is a hero to me tonight.

Thanks Craig!!!

    
    
    
    
    
    
    
     [/quote]

[Craig Muhonen]

It's been a "high" honor for me since day one. US HAWKS has helped me unfold a certain part of my life that had gone dormant. "The Big Blue Sky" (thank you Bob) helped me relive (on film) those "historic" early "jumping and tumbling" days, and taking this "young hawk" under your wing means a lot to me. For me, the word "heros" can be put into one word.... "Dockweiler". Bringing new "hang gliders" into the world with grins from ear to ear, well.... there really are not words.
The younger generation of recreational hang gliders is in good hands.

Also some really big hero's highest on my list ....LoveShriners.org
855 613 4177

T Y

Craig Muhonen

[Bob Kuczewski]

May we be as we want the world to be.

Let history record that on January 1st, 2020, Joe Faust wrote:

        "May we be as we want the world to be."

[Bob Kuczewski]

It's been a "high" honor for me since day one. US HAWKS has helped me unfold a certain part of my life that had gone dormant. "The Big Blue Sky" (thank you Bob) helped me relive (on film) those "historic" early "jumping and tumbling" days, and taking this "young hawk" under your wing means a lot to me.

Truthfully, I can say the same in return. We each have something to teach each other. Thanks for being my teacher through so many great posts and phone discussions.