September 8-10, 2006

Dear Dave,

As of this past Tuesday, my 13-year-old daughter is back at Middle
School, so I have had some time to again tackle the boxes of mail that
had been set aside this summer when I was swamped and had no time for
non-critical mail reading. I'm up to mid-June, and I find two more
letters from you, again dealing with Mensa matters but mailed in
hand-addressed envelopes bearing no indication whatsoever that they have
anything to do with Mensa.

(See http://www.millcityrecords.com/mndensa/remine02-env.htm.)

I just now opened and read your letter dated 6/14/2006.

Since this correspondence is being published on the Internet, I will
again format my e-mail reply incorporating your letter as if it had been
e-mailed. (And, again, why wasn't it? Or, at least, mailed in an
envelope bearing some indication that it had something to do with
Mensa. Over a month had elapsed since your first letter to me, plenty
of time to get in some Mensa stationery.)

I am rather shocked at the content of your letter, as your previous one
was worded so as to lead me to believe that the charges you mentioned
were (finally) being brought against those current and former board
members of Minnesota Mensa that have been maintaining a pattern of
non-cooperation with, and outright harassment of, me as Minnesota
Mensa's Webmaster.

Dave Remine wrote:

> June 14, 2006

> Mr. Al Heigl,

> The Hearings Committee has reviewed the charges submitted by the
> Advocate, Guy Conti, against you and has decided that sufficient
> evidence has been submitted to warrant a hearing in the matter. You
> have received a copy of the charges as filed and a copy of the
> Policies and Rules Governing the Conduct of Hearings.

That would be interesting, if true, but I have no knowledge of this.
Please have a copy of the charges as filed, the purported "evidence",
and a copy of the policies/rules mailed to me ASAP. Preferably in an
envelope identifying itself as having to do with Mensa.

> We have
> determined that the following charges should be heard as acts inimical
> to Mensa:

> 1 - That Al Heigl did and is illegally using Mensa's trademark and AML
> copyrighted material.

This is a false charge, and I contest it.

All local group webmasters are free to use Mensa's trademark and AML
copyrighted material; if any do not, it is by their choice, not because
it is "illegal".

To the best of my recollection, I have not placed on the Minnesota Mensa
website(s) any content which is copyrighted by American Mensa, Ltd.

> 2 - That Al Heigl is illegally using members' copyrighted material
> from Mensa publications.

This is a false charge and I contest it.

A local group's website IS a Mensa publication. Duh.

> 3 - That Al Heigl has wrongfully held forth that his website is the
> official website of Minnesota Mensa.

This is a false charge and I contest it.

First, it is not "my" website.

Second, I hold forth that it is the official website of Minnesota Mensa
because it is. I am the Webmaster of Minnesota Mensa, and I certainly
know where our website is, because, as part of my responsibility as
Webmaster, I put it there, I keep it there, and I defend it against
those who would attack it. On a schedule no less than monthly, I keep
our website updated.

(Committee members should feel free to, and perhaps should consider
themselves obligated to, visit Minnesota Mensa's website at
http://www.mn-mensa.org and explore our site. You will find nothing
there which is "inimical to Mensa" -- indeed, we have a quality website
that presents Minnesota Mensa, and AML, in a highly positive light, and
well serves both current and prospective members. There is also a
definite lack of misspellings, poor grammar, dead links, and other
things that would present Mensa in a bad light.)

It should be noted that, excepting one short unfortunate gap just
slightly over four years ago, I have been Minnesota's only Webmaster,
dating back to early 1998, when I proposed creating a Minnesota Mensa
website, was appointed Webmaster, and created our website.

On August 10, 2002, Minnesota Mensa and I negotiated and signed a
written settlement agreement which, among other provisions, reinstated
me as Webmaster of Minnesota Mensa. This written agreement bears (by
design) no expiration date, nor have Minnesota Mensa and I signed any
subsequent written agreement modifying or superseding this 8/10/02
written agreement. Further, provision #5 of the signed written
settlement agreement between Minnesota Mensa and me automatically made
me a contract volunteer rather than an appointed volunteer; thus, absent
any subsequent written agreement, I remain Webmaster of Minnesota Mensa.

> 4 - That Al Heigl's illegal actions regarding the mnmensa.org domain
> name cost American Mensa a considerable amount of money.

This is a false charge and I contest it.

The mnmensa.org domain name currently points to a rogue website
apparently "sponsored" by certain past and/or current Minnesota Mensa
board members who have unfortunately let their negative personal
feelings interfere with their responsibilities as board members. I have
had no connection with the mnmensa.org domain name for over four years.

Further, to the best of my knowledge, American Mensa has not incurred
even one penny of expense regarding the domain name mnmensa.org.

Even if this charge were factually true, I can hardly be held
responsible for any dumb choices made by others to waste Mensa money
rather than pursuing the normal avenues of dispute "settlement and
redress within the Society" that are provided by the Society. (Quoting
from the Mensa Constitution, Article IIID.)

> The Hearings Committee currently consists of Dave Remine (Chair), Bob
> Beatty, and Jean Becker. Under Rule 5 C 2 of the Policies and Rules
> Governing the Conduct of National Hearings the names of the potential
> members eligible to serve, as per Article XI, section 5a of the
> American Mensa Bylaws, in the order they would succeed to Committee
> membership are as follows:: Sallie Banko, Daniel Burg, Darlene Criss,
> and Stacey Kirsch. You and the Advocate have a right to challenge any
> or all of these members. If either party wishes to challenge any of
> these members they must notify me within fifteen days of the date of
> this letter stating the name of those so challenged and the reason for
> the challenge (Rule 6 B).

I have reviewed information available on the Internet about all of these
members, and do not wish to challenge any of them.

> Your options, under Rule 5 C 3a, regarding these charges are as
> follows:

> 1 - Contest the charges in which case a hearing will be held in
> Minnesota.

I contest ALL of the charges. They are false, malicious, and intended
purely as harassment.

I presume that said hearing would in fact be held in Rice County,
Minnesota, the venue in which these alleged acts have been allegedly
conducted.

I have also read something about conducting an "electronic" hearing,
although I cannot right now recall where I read this.

> 2 - Not contest the charges but ask for a hearing to determine
> penalties.

NO.

> 3 - Not contest the charges and waive the right to a hearing in which
> case the Hearings Committee would render a decision without holding a
> hearing.

NO.

> I now ask you as per Rule 5 C 3a if these charges are contested and if
> so which one(s).

As outlined above, ALL charges are false and therefore contested.

> Please reply promptly.

This reply is going out within 36 hours of reading your letter.

> Sincerely,

> Dave Remine, Chair

====================================================================
Note additional information:

1. Assuming mutual stipulation that it will take no more than three days
for a postal mailing to reach me, I request a minimum of 63 days from
the date that somebody mails me copies of the charges, purported
"evidence", and a copy of the Policies and Rules Governing the Conduct
of Hearings, so that I may prepare and submit an informed and
comprehensive response to these false charges.

2. Please take note that the circumstances out of which these false and
harassing charges have arisen are currently being investigated by the
AML Ombudsman. I would question the propriety of even considering these
charges during the Ombudsman's involvement in this situation,
particularly since this could prejudice the Ombudsman's eventual
findings.

I would posit whether it would be inappropriate to for the Hearings
Committee to take ANY further action of any kind until the Mensa
Ombudsman has completed his investigation, and any and all further
avenues of dispute "settlement and redress within the Society" have been
exhausted. (Again, quoting from the Mensa Constitution, Article IIID.)
I would appreciate a definitive opinion from the Hearings Committee on
this aspect, and specific information on the relationship between the
Ombudsman and this Hearings Committee in terms of the accepted route of
dispute resolution.

3. The Mensa Ombudsman is also investigating a blatant violation of the
Mensa Constitution, Article IIID, which was intended to be to the
detriment of the current and prospective members of Minnesota Mensa, and
which cost Mensa a considerable amount of money. To date, the Ombudsman
has given me the impression of being somewhat intimidated by the
wide-ranging involvement of local and national Mensa leadership in this
violation, up to and including Pam Donahoo and Clif McCann.

Perhaps Guy Conti would like to look into this, as well -- there is
ample factual evidence, and was a flagrant (and costly) violation of the
Mensa Constitution.

4. The terms "illegally" and/or "illegal" have been bandied about in
three of the above four charges. I believe I am entitled to be informed
about the specifics of which federal, state, and/or local laws,
statutes, and/or ordinances are being referenced in these charges.

I will now look forward to receiving copies of the charges, purported
"evidence", and a copy of the Policies and Rules Governing the Conduct
of Hearings. I will be presenting a vigorous defense, as these charges
are false, malicious, and another instance of the ongoing harassment I
have been subjected to.

Sincerely,

Al Heigl

Webmaster,
Minnesota Mensa
--

Alan Heigl
Mill City Records
P.O. Box 177
Northfield Minnesota 55057-0177
507-663-6090
(Professional Proofreading,
Web Site Work using FrontPage/Expression)
http://www.millcityrecords.com/webwork/