I have sent the following email to WNY SM Scott Bauer, W2LC. Since you all received the attachment previously, I have not re-sent it to you. Dave K1ZZ _____________________________________________ From: Sumner, Dave, K1ZZ Sent: Thursday, October 28, 2010 8:36 AM To: Bauer, Scott (SM,WNY) Subject: From the ARRL Executive Committee October 28, 2010 Scott Bauer, W2LC 1964 Connors Rd Baldwinsville, NY 13027 Dear Scott: The ARRL Executive Committee has been made aware of an email message purportedly sent by you to smarrl@yahoogroups.com on Monday, October 18, and signed with your position as ARRL "Section Manager - Western New York." For the balance of this letter I am assuming that you were the author of the message; if you were not, please let me know immediately. Constructive and properly directed criticism is appropriate and is encouraged. However, the message referenced above contains false and arguably defamatory statements that are inconsistent with the duty of a Section Manager to act in the best interests of Amateur Radio. You have said, "Must be nice to be a director and on the election committee at the same time, no conflict of interest there." The ARRL Bylaws provide that the President must appoint committee members from among the Directors who are not subject to election during their year of service, so as to avoid such a conflict. Your message refers to "a certain past division election." From the subsequent description the election being referred to appears to have been the 2005 Atlantic Division election although it is inaccurately described in the message. If you were referring to a different election, please advise me which one. In 2005 there were three candidates nominated for Director in the Atlantic Division, two of whom (including you) were found to be eligible. None was the incumbent. The incumbent was Bernie Fuller, N3EFN, who did not seek re-election. Accordingly, the statement in the message that "The incumbent director also lied on the candidate statement" cannot be true. Further, in reviewing my files from the 2005 election I can find no complaint being filed challenging the truthfulness of any of the published candidates' statements. The message strongly implies a conspiracy between what was then named the Election and Ethics Committee and the incumbent director to disqualify a candidate. The fact is that the disqualification of the third candidate, Carl Stevenson, WK3C, by the Election and Ethics Committee was based entirely on Carl's employment posing a potential conflict under then-Article 11 of the Articles of Association and was consistent with precedent. The committee's decision was reviewed on appeal and upheld by the Executive Committee; see http://www.arrl.org/files/file/About%20ARRL/Board%20Meetings/ec_minutes_ 477.pdf. It is relevant to note that the following year the Board of Directors amended Article 11 and the Bylaws to permit persons with conflicts of interest, provided they are not continuing and pervasive conflicts, to be candidates and to serve on the Board as long as they agree to disclose such conflicts as may exist and to recuse themselves appropriately. The Board's action was unanimous. The motion to amend Article 11 was made by Director Edgar. See http://www.arrl.org/files/file/About%20ARRL/Board%20Meetings/board-0607. pdf, Minutes 11-13. In other words, contrary to your intimation of a conspiracy among directors to limit competition for their volunteer positions, the Board took exactly the opposite step. It is a very serious matter for an ARRL official to make false accusations about other ARRL officials. The Rules and Regulations of the ARRL Field Organization provide that "the office of any Section Manager may be declared vacant by the Executive Committee whenever it appears to be in the best interests of the ARRL to do so." The Executive Committee requires that you send a retraction and apology to anyone to whom you sent the message of October 18, with a copy to me, no later than next Wednesday, November 3. I will share your response with the Executive Committee. Sincerely, David Sumner, K1ZZ Secretary, ARRL Attachment: Email of 18 October 2010