Al,

Again, we only need section 12 to remove you and that is what happened. You have no right to a hearing since you are not elected, only appointed.

DeDe



Al Heigl <alheigl@rconnect.com> wrote:

               > dehome@attglobal.net wrote:
               >
               >
               > Al,
               >
               > Last night I left you a phone message and this e-mail will back that
               > up.

               I have not listened to it, but I did transfer it to .wav and RealAudio
               format in case others need to hear it.


               >
               > In July you sent a e-mail to Kim Lovering with the National Office.
               > Pam Donahoo sent that e-mail to me. I then sent to all the board
               > members. It was agreed on by the board members that your conduct in
               > that e-mail was not appropriate.

               1. Which e-mail to Kim?

               2. I have reviewed all of my July e-mails to the National Office. In
               none of them do I find any profanity, vulgarity, personal attacks, or
               defamatory language. What conduct are you referring to?


               >
               > According to the bylaws - the board of directors can un appoint you at
               > any time for no reason. However, it was agreed on by board that your
               > case also fit Section 13, paragraph 2, where it states that anyone can
               > be removed in cases of misconduct.

               The current published Bylaws also state:

               "... the written notification of the officer, a hearing before the Board
               of Directors or a committee appointed by the Board of Directors, and a
               ballot vote by the hearing body (voting separately on the charges and
               the matter of punishment, all matters being determined by a majority)."

               And:

               "The officer in question shall have an opportunity to make a reasonable
               response to the charges."

               I received no written notification prior to any hearing.
               I was not informed of any hearing. As far as I can tell, there has been
               no hearing.
               I was not given any opportunity to make a response to the charges.
               "agreed on" does not constitute a hearing and a vote.


               >
               > The board of directors was unanimous in this decision. We did give
               > you until July 27th to resign, however, if that did not happen, we
               > would revoke your appointment.

               Because the Bylaws were not followed, the 7/17/02 letter attempting to
               intimidate me into resigning, and any 7/30/02 vote purporting to remove
               me as Webmaster, sure appear to be invalid.


               >
               > This has nothing to do with the Web Site. Your contributions to
               > Minnesota Mensa have been appreciated. Once again, we cannot have our
               > officers or appointed officers acting in the manner that you exhibited
               > in the above referenced e-mail.


               Again, which e-mail are you referring to? What is the "manner" that's
               being objected to? Is whatever e-mail you reference being considered in
               the context of the entire exchange, and the surrounding circumstances?


               >
               > You can contact Eric Adams if you think it is necessary.

               I think it is necessary that the Board follow our Bylaws. Perhaps Eric
               will agree with me on that.


               Since the Board's actions were invalid because they violated our Bylaws,
               I respectfully suggest that everybody set aside the acrimony, Star
               Chamber proceedings, in-crowd-ness, and so forth, and we quietly take it
               from the top.

               This is not difficult.

               1. Send me a formal bill of particulars -- which e-mail, what specific
               content is considered profane, vulgar, or defamatory enough to warrant
               consideration of removal (rather than some other action).

               2. Give me the opportunity to respond to these charges.

               3. Hold a real hearing, or just an e-mail hearing, where the Board can
               ask me questions about my above response, and I can answer them.

               4. Then have a real vote.


               This is not my "opinion" -- the Bylaws require that things be done
               properly.


               Otherwise, I note that the Bylaws also say:

               "Alternatively, a recall election by the general membership of Minnesota
               Mensa may be invoked, ballots for which must be either a part of the
               local newsletter or mailed separately to all members of the local
               group."


               It is not my intention to invoke this at this time, because I believe
               the matter can be resolved to everybody's satisfaction without laying
               all the particulars on the membership.


               I will repeat, with better specificity this time, that I have sent no
               e-mails which would warrant my removal as Webmaster.

               I may have, due to circumstances, sent something that would warrant my
               apologizing privately and/or publicly. That would seem to be a more
               appropriate thing for the Board to determine, once ALL the facts are in.

               'm not "too big" to respond appropriately to that. In fact, once I was
               finally enlightened as to what all this was really about, I responded at
               once, to meet the Board halfway on my own initiative (even though I have
               yet to learn the details and specifics). Please see our home page,
               which has been up since the first of this month.


               Sincerely,

               Al Heigl
               MN Mensa Webmaster


 

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