Doug,
 
OMG, this is more of the same and quite frankly I am so very tired of it.  The bullying, the hijacking of the business of the Board, the unsubstantiated clams, the threats, the call for an exclusionary disclosure, and on, and on.  It has got to stop.
 
Who the hell are you to tell me that I am not allowed to pass this diatribe that you call information to the complete list of non-voting stakeholders in the business of the Board.  The C.E.O., the Vice-Presidents, the C.F.O., and the General Counsel (who you have clearly libeled in your haste to impugn).  Yet you include the Vice-Directors who have no vote in this matter.  Is it because you’re embarrassed by this hogwash that you write?  If not, you should be.  I have every right to share this with the entire Board family and still be well within the fiduciary responsibilities I have as a Director.
 
So when you write “any release of this pre-adjudicated information by any of its original recipients, could subject that individual, and possibly the Board, to civil liability” I say “Bull.”
 
Let’s look at the facts and not your alternate reality.  First off, no one is contesting the fact that Chris Imlay is not licensed as an attorney in the State of Connecticut.  And with good reason.  He does not practice law in the State of Connecticut.  He has never stepped inside a court on behalf of the ARRL, or any other client for that matter.  The League has attorneys who are licensed to practice in the State of Connecticut should they be needed. 
 
Once again you make unsubstantiated claims.  You claim to have contacted the Connecticut Bar Association to file a claim.  Prove it.  You claim that “their opinion” was that Mr. Imlay was a criminal.  Prove it!  You claim to have filed “complaints” with both “the appropriate licensing authorities and the appropriate prosecutors.”  Prove it!
 
You say “What follows is intended in neither a threatening manner or as legal advice.”  And then you threaten us and offer legal advice couched as a ‘”layman,” advice that includes your attempt to scare the Board by claiming that any interaction between the Board, it’s members, and Mr. Imlay could lead us into civil liability, or worse, criminal charges brought against us.  That’s a bunch of crap!
 
You claim that “For the protection of the League, Mr. Imlay needs to be removed immediately from both the OD and the ODV reflectors, as well as any committee reflectors that he is subscribed to.”  As a “layman” I suggest that the individual who needs to be removed is the current Director of the Southeastern Division, which would be you!
 
 
Mike
- - - - - - - - - - - - - - -
Mike Lisenco, N2YBB
Director, Hudson Division
Chairman, ad hoc Legislative Advocacy Committee
ARRL - The national association for Amateur Radio™
917-865-3538
n2ybb@arrl.org
 
 
Sent: Wednesday, September 28, 2016 6:10 PM
To: 'Roderick, Rick, K5UR (President)' ; 'Abernethy, Tom, W3TOM' ; 'Carlson, Kermit, W9XA (Dir, CL)' ; 'Olson, Kent, KA0LDG (Dir, DK)' ; 'Williams, Dale, WA8EFK (Dir, GL)' ; 'Lisenco, Mike (Dir, HU)' ; 'Blocksome, Rod, K0DAS (Dir, MW)' ; 'Frenaye, Tom (Dir, NE)' ; 'Pace, James, K7CEX (Dir, NW)' ; 'Vallio, Bob, W6RGG (Dir. PC)' ; 'Boehner, James, N2ZZ (Dir, RK)' ; 'Allen, Dwayne, WY7FD (Dir, RM)' ; 'Rehman, Doug, K4AC' ; 'Norton, Richard N6AA (Dir, SW)' ; 'Woolweaver, David ( Dir, WG)' ; 'Famiglio, Bob K3RF (VD, AT)' ; 'Luetzelschwab, Carl, K9LA (VD, CD)' ; 'Holden, Matt, K0BBC (VD, DD)' ; 'Hudgens, Ed, WB4RHQ (VD, DL)' ; 'Delaney, Thomas, W8WTD (VD, GL)' ; 'Hudzik, William, W2UDT (VD, HU)' ; 'Zygielbaum, Art, K0AIZ (VD,MW)' ; 'Raisbeck, Mike, K1TWF (VD, NE)' ; 'Altus, Bonnie, AB7ZQ (VD, NW)' ; 'Tiemstra, James, K6JAT (VD, PC)' ; 'Morine, Bill, N2COP (VD, RK)' ; 'Ryan, Jeff, K0RM (VD, RM)' ; 'Woll, Marty, N6VI (VD,SW)' ; 'Stratton, John, N5AUS (VD, WG)' ; 'Norris, David, K5UZ (Dir, DL)' ; Tiritilli, Joey, N4ZUW (VD,SE)
Subject: Confidential ARRL Board Information
 

This email is being sent ONLY to the Directors, Vice Directors, and President and is likely the most sensitive information that that you will ever deal with in your tenure on the Board. This email is not to be forwarded or otherwise revealed to ANYONE outside the aforementioned recipients.

 

What follows is information that is my fiduciary duty to disclose to the members of the Board. But for my fiduciary duty to disclose this information, due to its extreme sensitivity, I would not disclose it.

 

Having discovered that ARRL General Counsel Chris Imlay is not licensed to practice law in the State of Connecticut, I contacted the Connecticut Bar Association and obtained their opinion that the acts that Mr. Imlay has committed in the State of Connecticut constitute the unauthorized practice of law and would also constitute a criminal violation of Connecticut State Statutes.

 

I have filed complaints reflecting the foregoing information with both the appropriate licensing authorities and the appropriate prosecutors.

 

The State of Connecticut Judicial Branch “Attorney Firm Look-up” is located at: <http://www.jud.ct.gov/AttorneyFirmInquiry/AttorneyFirmInquiry.aspx>

 

What follows is intended in neither a threatening manner or as legal advice. Should you need legal advice, you need to contact an attorney licensed to practice in the appropriate jurisdiction and that has knowledge/training/experience in the specific area of the law the advice is needed in.

 

The foregoing contains information concerning what appears to be a criminal violation in the State of Connecticut. From my layman’s reading of the Connecticut criminal statutes (“Criminal liability for acts of another” taken in context with the statute governing the unauthorized practice of law), it appears that the act of soliciting legal advice from a person known to be engaged in the unauthorized practice of law creates the same criminal liability for the person soliciting as for the person engaged in the unauthorized practice of law. It appears that from this point forward, any of us asking Mr. Imlay for legal advice may be in violation of Connecticut criminal statutes.

 

I believe extreme caution is warranted in predicating ANY decision, in ANY matter, upon ANY legal advice heretofore given by Mr. Imlay. My layman’s understanding of the Connecticut Nonstock Corporation laws is that Directors are immune from liability for decisions predicated upon advice given by persons that are deemed to be reliable and competent in those matters. Now that we are aware that Mr. Imlay appears to be engaged in the unauthorized practice of law in Connecticut, that protection may likely no longer apply to any future acts.

 

For the protection of the League, Mr. Imlay needs to be removed immediately from both the OD and the ODV reflectors, as well as any committee reflectors that he is subscribed to.

 

Any release of this pre-adjudicated information by any of its original recipients, could subject that individual, and possibly the Board, to civil liability.

 

Doug

K4AC