Untitled Document

From: Carl R. Stevenson [mailto:wk3c@wk3c.com]
Sent: Monday, September 05, 2005 3:51 PM
To: 'Bernie Fuller (E-mail)'; 'Bob Vallio (E-mail)'; 'Coy Day (E-mail)'; 'Dave Sumner (E-mail)'; 'Dennis Bodson (E-mail)'; 'Frank Butler (E-mail)'; 'Frank Fallon (E-mail)'; 'George Isely (E-mail)'; 'Greg Milnes (E-mail)'; 'Jay Bellows (E-mail)'; 'Jim Haynie (E-mail)'; 'Jim Weaver (E-mail)'; 'Joel Harrison (E-mail)'; Richard J. Norton (n6aa@arrl.org); 'Rick Roderick (E-mail)'; 'Tom Frenaye (E-mail)'; 'Wade Walstrom (E-mail)'; 'Warren Morton (E-mail)'
Cc: 'w3kd@aol.com'
Subject: Appeal to the Entire ARRL Board of the Executive Committee's decision
Importance: High
Sensitivity: Confidential

Obviously, I am disappointed (actually shocked, dismayed, and somewhat disgusted, to be totally candid) to have received the letter (attached) indicating that the EC was upholding the Elections and Ethics Committee's ruling that I am "ineligible as a candidate for Atlantic Division Director" on the basis of "potentialities."

I believe that the decisions of both the Committee and the EC are totally unfair, unreasonable, an abuse of discretion, and discriminatory, given the facts presented in my appeals package (another copy attached hereto for your convenience), and hereby respectfully insist that this matter be considered by the ENTIRE Board.

I also insist that, in fairness and the interest of due process, that I, as the appellant, be afforded the opportunity to address the Board and answer any questions that they may have.

I note that "the story" presented has now changed from "You are ineligible due to a conflict of interest." to "You have no conflict of interest NOW" ("and we never said you did" which is contrary to the facts), but "You could 'potentially' have one in the future."

I would submit that ANY member of the Board could "potentially" have a conflict of interest in the future, lacking a willingness to proactively avoid one - a willingness that I have committed to in a sworn affidavit, under penalty of perjury.

With all due respect, I don't understand how the Executive Committee can, with a straight face, treat me in this clearly prejudicial and discriminatory manner with respect to "potentialities" when others have clearly NOT been treated in the same manner (as demonstrated in my appeal) - particularly in light of the signed, notarized Affidavit I voluntarily submitted under penalty of perjury stating that I have no conflicts of interest at this time and would not in the future, if elected, enter into any client relationships that would create a conflict or, under any reasonable interpretation, place me in a position to use the office for my personal gain.

Considering all of the facts in this matter, one can only wonder why such great lengths are being exercised to deny me both fair and equal treatment with due process and "my day before the electorate." I can only logically conclude that there are at least some who are afraid that, if allowed to be on the ballot, I might actually win the Atlantic Division Director's race.

I also note, with all due respect to him, that Mr.. Abernethy, a candidate for the Atlantic Division Vice Director position in the upcoming is, by his own admission at http://www.bestvote.org/w3tom-campaign.htm " ... the Radio Services Manager for Prince William County, Virginia ..." (whose) ... responsibilities encompass the technical integrity of the County’s critical Police/Fire and Microwave Backbone Communications Systems."

To the best of my knowledge, *he* (in addition to the examples I cited in my appeal package) has not been ruled ineligible because of the "potentiality" that he might in the future have a conflict of interest or "use his influence in the affairs of the League for his private benefit." (I am NOT questioning his ethics, just pointing out that he, too, has not been treated in the same proscriptive, presumptive, and prejudicial manner as I have been treated.)

Thus, not only historically, but in the current election, there is yet *another* example where the Elections and Ethics Committee (and now, shockingly, the Executive Committee) has clearly not treated me equally to others who are "similarly situated" with respect to "commercial or governmental connections" through their business or employment situation and that "the standard of Article 11" has, instead, been selectively applied in a discriminatory and unequal manner in my case.

I would assert that, if I am to be disqualified on the basis of such vague and unsubstantiated allegations of "potentialities" that Mr. Abernethy should ALSO have been disqualified on the same basis, due to his "commercial or governmental connections" that present the same "potentialities".

I reject Mr. Imlay's assertion, in his letter to me, that the EC's decision is the "final determination" and I respectfully ask that all Board members of good conscience and integrity insist on a full-Board reconsideration of my appeal immediately and afford me the opportunity to address that appeal panel (less the 3 members of the E&E Committee, who should still recuse themselves) .

I want to make it clear that I an NOT at the present time represented by council and have NOT taken ANY steps at this time to initiate any sort of legal action against the League and I fervently hope that that "potentiality" can be avoided.

However, the lack of a fair and affirmative action - a notice that this appeal to the entire Board is not being ignored, will be considered with all due speed, that I will be afforded the right (due process) to address the appeal panel, and that no public pronouncements of eligibility or ineligibility for the Atlantic Division Director's position will be made - by close of business EDT on Wednesday, September 7th, 2005 will give me no other choice but to proceed with the exercise of the "potentiality" of engaging counsel and seeking judicial relief.

I am truly disappointed that I have been placed in this unfortunate situation of having to consider the (final) "potentiality" ... I certainly don't wish to take legal action against the League, but I owe it to myself, my many supporters in the Atlantic Division, and future would-be candidates to take whatever measures are necessary to gain fair and equal treatment.

If any of the Directors or Officers wish to discuss this matter with me in a sincere and honest effort to avoid "the (final) potentiality," I would welcome the opportunity and can be reached on my cellphone (number below).