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Charges:
This is an official filing of charges of Acts Inimical
to Mensa against Member AI Heigl.
The Advocate alleges for his complaint that upon
information and belief:
| 1. |
AI Heigl ("Respondent") is a
member of American Mensa, Ltd. ("AML") and
Minnesota Mensa ("Minnesota").
Yes, I am. I paid the evaluation fee on October 17, 1991, and
sent in my first dues check on November 18, 1991. My
membership since then has been continuous. |
| 2. |
Respondent was, at one time,
the official Web Master of Minnesota.
I was in fact the founding Webmaster of Minnesota Mensa,
first appointed on April 28, 1998. |
| 3. |
On August 19, 2002,
Respondent was removed as Web Master by the Executive
Board of Minnesota.This is a false
assertion. Nine days earlier, Minnesota Mensa and I had
negotiated and signed a written settlement agreement by which I was
reinstated as Minnesota Mensa Webmaster. This made me a
"contract volunteer" instead of a "appointed volunteer" and the
Executive Board's only duty was to cooperate with, and implement,
that signed written settlement agreement. This the Board has
so far failed to do. |
| 4. |
Respondent has not been
reinstated as Web Master. This is a
false assertion. Advocate's own
Exhibit H is a scan of the
signed written settlement agreement that, among other provisions,
reinstated me as Minnesota Mensa Webmaster. Anyone questioning
whether this agreement was and is valid should click
here. |
| 5. |
Subsequent to August 19,
2002, Respondent continued to use a domain name
that properly belonged to AML and Minnesota.
That's because I was the Minnesota Mensa
Webmaster. |
| 6. |
Subsequent to August 19,
2002, Respondent was placed on notice by the
Executive Director and Counsel that he was improperly using a
proprietary
domain name (mnmensa.org), copyrighted materials, AML's and
International
Mensa Limited's (collectively referred to as "Mensa") lawful
trademarks.(Note: the Advocate
has advised us that the domain
name in question should be amended to "minnesotamensa.org".)
The Executive Director
and Counsel had been deliberately misled by some of the leadership
at Minnesota Mensa. |
| 7. |
Subsequent to August 19,
2002, Respondent was forced, through legal process,
to give up the domain name and has since established a rogue web site
using the
domain name mn-mensa.org.On the
contrary, the rogue site is the one using our original domain name,
mnmensa.org, apparently sponsored by those who let personal feelings
interfere with their duties to the group, and who also apparently
feel that Minnesota Mensa does not have an obligation to honor
signed written agreements to which it is a signatory. |
| 8. |
Respondent continues, through
this day and in violation of law, to use Mensa's
trademark in violation of law.All
Local Group Webmasters regularly use Mensa's trademark. |
| 9. |
Respondent continues! through
this day and in violation of law, to use written
material copyrighted to Minnesota and to individual members of
Mensa.The Minnesota Mensa website
is a Mensa publication. Since its very inception, it has
published material that has been submitted for publication. |
| 10. |
Specifically, Respondent has
misappropriated the intellectual property of Karen
Cyson published in the March 2006 edition of Mensagenda, "Bad Day!
Sit! Stay!"
by publishing said article without the author's permission on his
rogue web site.We are supposedly
dealing with Mensa-level thinking here, so one would logically think
that if somebody had a specific complaint regarding my work as
Webmaster, they would communicate this directly to me.
I keep e-mails - my e-mail top-level folder is
currently 3.8 GB, with 3,200 files in 451 folders. I have
searched through all e-mails remotely connected any and all of my
website projects over the years. When I search for "Cyson" in
the Sender field, I come up with nothing. I believe that Karen
Cyson has never e-mailed me at any time for any reason.
Thanks to Caller ID, I also log phone calls
received in an Excel spreadsheet that dates back to October 1996.
A search for "Cyson" in any field produces no result. I
believe that Karen Cyson has never phoned me at any time for any
reason. (I did find "Cyson" in the
bodies of some e-mails. For example, on October 11, 2000, Paul
Jensen wrote me regarding Mensa testing in St. Cloud (where Karen
lives). He gave me the test place address, and added "Contact
is Karen Cyson (320) 253 - 6575 or Mensaphone. This is for web
update." I mention this because when I started up our website
in 1998, I was generally publishing volunteers' phone numbers, but
we all agreed early on that some folks might not care for this, so
since then I've done phone numbers on an "opt-in" basis.)
Over the years, since I started our website back
in 1998, I have selected Karen's column as a "Featured Article" a
total of 13 times, the first being in January 1999, and the most
recent being July of this year. I
believe we may have a ringer here. Karen Cyson is, and has
been for some time, 1st ViceSec of Minnesota Mensa, thus a member of
the Executive Board that has been continuing a refusal to fully
honor the 8/10/02 signed written settlement agreement between
Minnesota Mensa and me. I have scanned
my past Mensagenda newsletters, and it would appear that
Karen Cyson was first listed as a volunteer (St. Cloud Area
Coordinator) in the May 1999 issue. Thus, absent evidence to
the contrary, I would have to include her in the incumbent
"in-crowd" by virtue of her more than 7 years as a volunteer and
officer, surely positions in which she has had frequent
opportunities to associate socially with the other past and present
board members who have been continuing Judy Hogan's vendetta against
me for the "crime" of pointing out that the ag2003.com website by
Jason Schmitz, done under Judy's supervision, was one of the most
incompetently done sites I had ever seen, and one that would harm
Minnesota Mensa's image and reputation. |
| 11. |
Respondent erroneously
believes he has a contract that entitles him to continue
to act in violation of law.I do.
You can read it by looking at the Advocate's
Exhibit H. You can read the
authorization for it here. |
| 12. |
Respondent's actions, in
illegally using Mensa's trademark and AML's copyrighted
material, through dilution and other reasons, constitute Actions
Inimical to Mensa.To the contrary,
there are no illegal actions, unless one is willing to go back to
square one and assert that Minnesota Mensa does not have an
obligation to honor signed written agreements to which it is a
signatory. The Minnesota Mensa website,
currently at
http://www.mn-mensa.org, is not in any way a dilution. It
presents Minnesota Mensa, and its activities, in a wholly positive
way that makes our organization look good. |
| 13. |
Respondent's actions, in
illegally using individual members' copyrighted material
constitute an act inimical to Mensa as this discourages the
individual member
from further publishing in Mensa publications for fear her
intellectual property will
be misappropriated.It would appear
that this is also a reference to Karen Cyson from Charge 10.
This is a bunch of hooey, easily discredited.
I have just gone inventoried all nine issues of
our newsletter, Mensagenda, published in 2006. Karen's "Partly
Cloudy" column appears in EVERY ISSUE. Clearly, she is in no
way discouraged from further publishing in Mensa publications.
Also, our website IS a Mensa publication. |
| 14. |
The Advocate requests a
speedy hearing as these violations are ongoing.
The Respondent requests a deferral of any
decision-making hearing, as both the Advocate and I could use
additional time to present a proper case for consideration.
It should be pointed out that none of the alleged
"violations" do any harm to Mensa; however, a "speedy" hearing, at
which not all of the evidence is available to the Hearings
Committee, would not grant any benefits to Mensa, but rather would
make it appear that I am not receiving a "fair and impartial"
hearing. In addition, I am seeing signs
that I may not have been provided with the most complete and current
paperwork from the Advocate (or others), and I certainly have a
right to that, and the right to respond to it, before any official
hearing on the charges. |
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