[Bob Kuczewski]

On Dec 22, 2010, I wrote to Rich Hass asking a simple question about our bylaws. Here's my complete message:

Rich (cc/bcc others),

There's been a lot of dancing around about the new SOP changes, but I'd like to ask a simple and direct question, and I'd appreciate a simple and direct response.

I've included the current Torrey Hawks bylaws below, and I'd like to know if these are acceptable to renew our chapter status. I just want a "yes" or "no" commitment as to whether USHPA will renew us or not for 2011 based on these bylaws.

Thanks in advance,
Bob Kuczewski
Secretary, Torrey Hawks Hang Gliding Club

================================

Torrey Hawks By-Laws:

• Article I - Name
  The name of the organization shall be the Torrey Hawks Hang Gliding Club. The club may also be known as the Torrey Pines Hawks Hang Gliding Club, Torrey Pines Hawks Hang Gliding Association, Torrey Pines Hang Gliding Association, or simply (and most commonly) the Torrey Hawks. The club web site shall be TorreyHawks.org.
  
  
• Article II - Purpose
  The Torrey Hawks Hang Gliding Club is dedicated to promoting and protecting the sport of Hang Gliding at the Torrey Pines Gliderport.
  
  
• Article III - Membership
  The membership of the Torrey Hawks Hang Gliding Club shall consist of individuals whose applications for membership have been accepted by the Association. Voting members must hold a USHPA rating of H4 or above and have flown a hang glider at the Torrey Pines Gliderport within the previous three years.
  
  
• Article IV - Officers
  The officers of the Torrey Hawks shall be a President, Vice-President, and Secretary. These officers are elected for a one year term by voting members of the Club at the annual meeting. Representatives of the club to other organizations shall be chosen by the President.
  
  
• Article V - Meetings
  The Torrey Hawks shall hold at least one annual meeting for the election of new officers. All other meetings are considered Special Meetings and will be scheduled as needed by a majority of the Torrey Hawks Officers. Meetings may be held electronically.
  
  
• Article VI - Minutes and Records
  The Torrey Hawks secretary will take notes at all meetings and distribute them electronically as requested by members.
  
  
• Article VII - Parlimentary Authority
  The Torrey Hawks meetings shall be governed by Robert's Rules of Order, Revised unless otherwise provided for in these By-Laws.
  
  
• Article VIII - Ammendments
  Ammendments to these By-Laws may be made during Annual or Special Meetings and require a two-thirds vote of the voting membership present at any such meeting.

All I wanted was a "yes" or "no" answer, but instead, here's what Rich sent back:

Bob,

Actually, there has been very little dancing around on this SOP. You and others complained about a couple provisions and we immediately took them out.

Your renewal request should be sent to the USHPA office, just like all the other chapters do. The staff will review your bylaws and other documentation to determine if your chapter meets the requirements set forth in SOP 06-01, as recently amended. You can read the requirements for yourself—I won't repeat them here. If you need an exemption for being a HG club only, I personally don't have a problem with that and I will support an exemption for the Hawks and any other established chapter. There are other hang gliding-only clubs and there's no reason the Hawks should be treated differently.

I'm all in favor of brevity but you may find your bylaws are lacking in terms of meeting California law. This will be up to the Hawks and the California Secretary of State to work out but from what I know, there are a number of requirements your bylaws lack. You might want to check it out.

You will find some push back on the Hawks bylaws provision where H4 ratings are required to be eligible to vote. Creating an underclass of USHPA members who are not allowed to participate in a chapter's governance simply because of their pilot rating makes absolutely no sense to me and it is inconsistent with USHPA's mission. If USHPA were to require H4/P4 ratings to vote in USHPA elections, how do you think that would go over? Why should it be different at a USHPA-affiliated chapter? How much piloting skill does it take to vote?

Bob, this may come as a bit of a surprise to you, but I'm hopeful the Torrey Hawks stay affiliated with USHPA. I'm OK with pilots and chapters objecting to various USHPA policy issues. My personal goal is to make the list of objectionable issues a very short and insignificant list. It's hard work but I think we can do it.

Best wishes for the holidays,

Rich

PS—I've added Martin to the cc: list since he's running the USHPA office. I'm not bcc'ing anyone. I would appreciate the same courtesy from you in the future.

Rich was somehow unable or unwilling to answer a simple question about whether these simply bylaws would be acceptable to USHPA. All I asked for was a simple "yes" or a "no" answer. I didn't get either. So here's my second request for a straight answer.

Rich (cc/bcc others),

The H4 Requirement for voting in the Torrey Hawks makes sense considering the fact that Torrey Pines is an H4 site. Duh? I have said many times that the Hawks would reduce our voting requirement to an H3 if the Torrey Pines management would lower their site rating to H3. The USHPA SOP change demanding that we allow P0's to vote in a hang gliding club that requires an H4 to fly is ridiculous and poorly considered. I would like to know who instigated this change, but I doubt you'll provide a name. Please surprise me.

With regard to our Chapter renewal, I cannot currently tell from the SOP's which provisions have been "repealed" by some kind of "executive action" and which are still in effect. Could you please reply with a list of ALL the requirements that our club must meet in order to remain a chapter in 2011.

With regard to the SOP changes, I would advise USHPA to simply fall back to the SOPs as they were in effect prior to the Fall 2010 Board meeting. That will eliminate the confusion of trying to figure out which provisions have been "taken out" and which provisions remain in effect. That will also make it easy to comply with our club's request for a copy of the current chapter requirements (since they will be the same ones that were in effect last year). In either case, I again request a complete set of requirements as amended by the Board and as modified and/or repealed by yourself. Thanks.

Finally, you have not answered my direct question as to whether or not USHPA will renew the Torrey Hawks Chapter with the current bylaws that I've attached. That's a yes or no question, and I'd still like an answer. Thanks in advance.

Sincerely,
Bob Kuczewski

P.S. With regard to BCC, I reserve the right to send what I write to anyone at any time. The BCC is giving you fair warning of that policy. Sunshine is the best disinfectant.

Any bets on whether Rich can provide a "yes" or "no" answer to a simple question?

[Bob Kuczewski]

Anyone who bet on a simple "yes" or "no" answer from Rich Hass can pay up now.

This was the reply from Rich:

Bob,

Loose the attitude. I don't get paid enough to put up with your insults. If you want to have a dialog, please be respectful.

USHPA is not demanding anything of the Hawks or any other chapter. Despite your rude 'Duh' comment, I'm still not impressed with a chapter excluding the vast majority of USHPA members. For a guy who espouses openness, fairness and inclusiveness, you fall far short of your own mark. Many, many chapters have primary flying sites with minimum ratings. I'm not aware of a single one with minimum requirements to vote (although I haven't personally looked). If you take the time to read SOP 06-01, you will see USHPA doesn't set any requirements for chapter voting members. Until the Hawks came around, I doubt there was a need.

The Chapters SOP 06-01 (revised December, 2010) sets forth all the requirements you need to meet. Not surprisingly, the SOP doesn't set forth requirements you don't need to meet. By using terms like, 'some kind of executive action', I assume you are referring to the EC vote to amend the bylaw. I haven't modified anything 'by myself'. The bylaw on the website is the current version. Like I said—loose the attitude.

I'm not downloading the SOP's for you. You can do it yourself, just like anyone else.

Bob, as I tried to explain in my last email, there is a process at USHPA for renewing chapters. Fortunately, that process doesn't include my involvement in reading bylaws. You can submit your paperwork just like any other chapter. I'm not personally involved in that process and to be blunt, I have better things to do.

I agree with your sunshine comment. That's why I asked you to be open and honest with respect to who you cc on email to me (or from me). Like I said above, you don't seem to mind using a different yardstick to measure your own behavior. If you want to copy people, be open and honest about it—let the sun shine in.

Rich

Rich dodged what should have been a simple "yes" or "no" answer. Yet he complains that I'm wasting his time?

He also implies that I've got an attitude? Let's see, USHPA changes the Chapter rules without notifying us. I simply ask if our Chapter's bylaws are acceptable under the new rules, and he calls that an attitude? Why won't he answer the #&$! question?

Here's my reply to Rich Hass:

Rich (cc/bcc others),

You've obviously read our Torrey Hawks bylaws (see your comments below), and I think you're now aware of all the current SOPs and how you (USHPA) will be interpreting them.

So you have all the information to tell me whether or not our Chapter will be renewed. Yet you want to palm it off on Palmaz. That's not leadership. That's cowardice. You presided over this mess, now I'm asking you to address it. If that's too much trouble, then maybe you should resign.

Now I'm asking you again whether USHPA will be renewing our Chapter given the information you already have. This is not a hard question, and I've copied both you and Martin (in case he's running USHPA now), so someone in USHPA should be able to give us a definitive answer.

Thanks in advance,
Bob Kuczewski

P.S. When you (and USHPA) publish ALL of your communications, then I'll drop the BCC. Did all USHPA directors publicly divulge who they were conspiring with when making these stupid rules? No, I didn't think so. So until then, you're being a hypocrite to complain about my own use of the BCC mechanism.

But don't be distracted with that. I just want a simple answer from USHPA as to whether or not our bylaws and club are acceptable according to whatever rules you've currently dreamed up. Thanks.

Let's see if this will get a "yes" or "no" response from anyone inside USHPA.

[Bob Kuczewski]

I haven't heard back from Rich yet, but I wanted to follow up on his complaints about the Torrey Hawks voting requirements (an H4 with currency at Torrey). So I sent the following message:

By the way Rich (cc others),

I just happened to see the following at the Boulder Paragliding Club:

http://www.boulderparaglidingclub.org/11252.html

Yearly membership dues are nominal at

• $30 per year for a Full voting membership
• $15 per year for an Associate non-voting membership

If that club can essentially SELL their voting rights, then that sets a precedent for the Torrey Hawks to use a different voting threshold based on skill level rather than material wealth. After all, which is a more appropriate commitment to our sport - earning a rating ... or forking out $15?

Face it, Rich, this whole fiasco was created by those who want to kill the Hawks. Your participation only tarnishes you, and you'd be wise to repudiate this mess rather than dig yourself in deeper. You can do what you want, but I suspect you'll continue digging ...

Bob Kuczewski

My point here is that each Chapter should be able to decide what level of commitment is required to be able to vote in their club. USHPA has no business telling any Chapter what those levels of commitment should be.

Do I think Rich will change his course? Nope. I'm just making sure that his actions are known to everyone who reads the US Hawks Forum.