*MEMORANDUM* *To: Officers, Directors and Vice-Directors* * (Confidential, Attorney-Client Privileged Communication; not for disclosure)* *From: Chris Imlay, W3KD, General Counsel* *Re: NTS Eastern Area Chair and Eastern Pennsylvania Section Manager* * Joe Ames, W3JY* *Date: June 21, 2016* *_______________________________________________________________________* Greetings. Those Officers, Directors and Vice Directors who serve on the Programs and Services Committee and members of the Executive Committee are well-aware of the following but the rest of you likely are not. The Executive Committee, upon the recommendation of the PSC and based on its independent review of a June 14, 2016 memorandum from me to the PSC, voted over the weekend (pursuant to Rule 11 of the Rules and Regulations of the ARRL Field Organization) to cancel each and all of the ARRL Field Organization appointments held by Joe Ames, W3JY, including his position as Eastern Area Chair of NTS™. Further, pursuant to Rule 7 of the Rules and Regulations of the ARRL Field Organization, and also effective June 20, 2016, the Executive Committee voted to declare the office of the Eastern Pennsylvania Section Manager vacant. This decision by the EC was taken upon the recommendation of the PSC at a scheduled teleconference last week. The recommendation motion was made based on a series of factors discussed in detail in my attached PSC memo. That motion is attached to this memo. Because Mr. Ames has repeatedly and regularly taken actions that he was specifically warned against by Dave Sumner in a letter sent to Ames last August, ARRL really had little choice but to oust him. He effectively has taken over NTS and has made policy decisions unilaterally, issued press releases, unilaterally made commitments that would be binding on NTS and therefore on ARRL, and conducted active government relations advocacy without any reference at all to ARRL’s Board policies or the MOU that ARRL has with FEMA. With respect to Mr. Ames’ Section Manager appointment, it is the obligation of the Section Manager, pursuant to Section 6(d) of the Rules and Regulations of the ARRL Field Organization to ensure that appointees in the Field Organization act in the best interests of Amateur Radio and in accordance with ARRL policies. Ames’ actions clearly indicate an inability or unwillingness to fulfill this basic duty, so it was necessary to take the very unusual step of declaring his Section Manager office vacant. His actions reveal a pattern of behavior that is inconsistent with Board policies and which is well outside the scope of his authority as either Section Manager or as an ARRL Field Organization appointee. The attached termination letter over Tom Gallagher’s signature was sent yesterday via Fedex to Ames’ home address. It was delivered at Ames’ residence this morning. Upon confirmation of delivery to Ames’ house, Headquarters issued the press release that was prepared by Sean Kutzko. It is up to us to now ensure that the NTS volunteers are given the straight story. PSC Chair Jim Boehner has recruited a good solid substitute Eastern Area NTS chair who has credibility, experience and tenure with NTS to succeed Ames. He or she will be appointed without delay. And the PSC motion that contains some long-overdue praise for the good work of the NTS volunteers has received positive responses. Directors, however may get calls and e-mails about this. Sean Kutzko has prepared some questions and answers that may be of help to you in responding to these inquiries: Q: Why was Joe Ames dismissed as NTS™ Eastern Area Chair? A: For attempting to negotiate an independent relationship between NTS and FEMA, in violation of the Memorandum of Understanding between FEMA and ARRL and established ARRL policies. He also issued press releases on behalf of NTS without approval of the ARRL and acted unilaterally, making binding commitments on behalf of NTS volunteers and ARRL without authority. Q: Was Mr. Ames told he couldn’t contact FEMA directly? A: Yes. In August of 2015, then-ARRL CEO David Sumner, K1ZZ, wrote Mr. Ames and informed him that he was not to negotiate or advocate on behalf of NTS with FEMA and that only certain limited staff members on behalf of ARRL were authorized to do so. Mr. Ames ignored that instruction and repeatedly continued his ongoing negotiations with FEMA, contrary to the ARRL/FEMA Memorandum of Understanding. Q. How will the NTS Eastern Area Chair vacancy be filled? A. NTS falls under the administrative responsibility of the ARRL Programs and Services Committee (PSC). The PSC will select an NTS Eastern Area Chair as soon as possible. Q: Why was Mr. Ames removed as Eastern Pennsylvania Section Manager? A: The Rules and Regulations governing the ARRL Field Organization state that a Section Manager must ensure that all field appointees act “…in the best interests of Amateur Radio Service and in accordance with ARRL policies.” As Mr. Ames served as both the Section Manager and the NTS Eastern Area Chair, the ARRL Executive Committee determined that, as a consequence of his actions as NTS Eastern Area Chair, he had consequently failed in his responsibility to ensure that his field appointees — in this case, himself — acted in the best interests of the Amateur Radio Service and in accordance with ARRL policies. Q: How will the Eastern Pennsylvania Section Manager’s position be filled? A: ARRL Bylaws address the filling of a vacancy in the office of a Section Manager. As outlined in the Bylaws, a vacant Section Manager position will be filled by appointment from the Field Services and Radiosport Manager, after consulting with the Director of the Division in question, in this case the Atlantic Division Director. Q.Is the ARRL looking to restructure the operation of the NTS? A. There is no desire or intent to change the current structure of the day-to-day operations of the NTS. It would be best to minimize any detail concerning factual findings in addressing questions of the membership. You might refer to the language of the news release and to information that Sean has provided. It is also reasonable to refer member inquiries to Sean if you prefer to do that. The news release that was published this morning reads, in relevant part, as follows: The decision by the Executive Committee results from a determination that Ames unilaterally and repeatedly communicated with officials of the Federal Emergency Management Agency (FEMA) on behalf of NTS, making commitments on behalf of ARRL without authority and in violation of the rules and regulations of the ARRL Field Organization. Those actions were contrary to the terms of the Memorandum of Understanding between FEMA and ARRL, which states clearly that ARRL Headquarters staff will be the single point of contact between FEMA and ARRL. There is no independent relationship between NTS and FEMA; the ARRL/FEMA Memorandum of Understanding is the operative document. In August of 2015, then-ARRL CEO David Sumner, K1ZZ, wrote to Ames and instructed him that unless otherwise authorized by ARRL, any communication with FEMA with respect to NTS is to be conducted through ARRL authorized representatives. ARRL learned that Ames repeatedly acted contrary to Sumner’s directive, which led to the decision to cancel Ames’ Field Organization appointments and to declare the office of the Section Manager for Eastern Pennsylvania vacant. Please contact me if there are any questions about this not answered by this memo and the attachment. 73, Chris W3KD -- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG