24 AUG, 2005 - 1555 CDT
Carl R. Stevenson, WK3C
4991 Shimerville Road
Emmaus, PA 18049-4955
Dear Mr. Stevenson,
It has been determined by the ARRL Elections and Ethics Committee that you
are ineligible as a candidate for ARRL Atlantic Division Director because
of a conflict of interest as defined by Article 11 of the ARRL Articles of Association.
Article 11 states, in relevant part, as follows:
No person shall be eligible for the office of Director…who has not been a
Full member of the League for at least four continuous years immediately preceding nomination and throughout the subsequent term of office, nor
shall any person be eligible who has not held continuously during that
period a valid authorization as a radio amateur in accordance with the applicable laws and regulations of the United States. No person shall be eligible for, or hold, the office of Director…whose business connections
are of such nature that he could gain financially through the shaping of affairs by the League by the Board, or by the improper exploitation of
his office for the furtherance of his own aims or those of his employer.
The primary test of eligibility under this Article shall be the freedom
from commercial or governmental connections of such nature that his
influence in the affairs of the League could be used for his private
benefit.
The language of this Article is specific in its application. Your ongoing telecommunications consulting business as you have described it on your web site and in your candidate's statement constitutes a commercial connection
of such nature that your influence as a Director in the affairs of the
League could be used for your private benefit or the benefit of your clients. The very nature of your business coupled with your client non-disclosure agreements could supercede your obligation to ARRL in case of a conflict.
The nature of your business interest is precisely within the scope of Article 11's eligibility proscription. Short of dissolving or divesting your
business to an uninvolved third party, we are reluctantly constrained to conclude that you are ineligible as a candidate for ARRL Director.
We need to hear back from you as quickly as possible - by the end of the
day on August 24, with respect to any willingness on your part to divest yourself from the consulting business. Under ARRL election procedures, the
E&E Committee's decision will be made public by August 26, 2005.
Sincerely,
George R. Isely, W9GIG
Chairman
ARRL Elections & Ethics Committee
w9gig@arrl.org