Review board

Started by Extremepredjudice, June 12, 2012, 03:59:56 AM

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jeders

Quote from: Ron1319 on June 15, 2012, 08:05:07 PM
I'm pretty sure it doesn't matter what state you're in, you can write down things that happened.  What do you mean your state doesn't allow it?

I think he's referencing audio recording. Some states require notification and consent of all parties involved, others only require notification of one.

Audio recording is nice to have in court, but nowhere  near necessary. Write things down as they happened and don't worry about the recording.
If you are confident in you abilities and experience, whether someone else is impressed is irrelevant. - Eclipse

Extremepredjudice

I can write down anything. Doesn't make it true... Recordings are harder to make up.

http://www.ncsl.org/issues-research/telecom/electronic-surveillance-laws.aspx
I love the moderators here. <3

Hanlon's Razor
Occam's Razor
"Flight make chant; I good leader"

Ron1319

If he's in a situation where his commander is saying he's making stuff up, he should probably find a new unit.
Ronald Thompson, Maj, CAP
Deputy Commander, Squadron 85, Placerville, CA
PCR-CA-273
Spaatz #1319

Eclipse

Quote from: Ron1319 on June 15, 2012, 08:43:03 PM
If he's in a situation where his commander is saying he's making stuff up, he should probably find a new unit.

+1 that or having to be familiar with the laws regarding tape recording covertly.

Life is not supposed to be "exciting" like this, and if you're down that path it's time to turn, either around or some other direction.  Things like this never end well.

"That Others May Zoom"

Extremepredjudice

Well, you should be familiar with laws, yes? At least a basic understanding.


No one can brush you off if you have a recording.

What I can do is whip out my phone and tell them I am recording. Audio/video > a word document that can be easily made. That is my point.
I love the moderators here. <3

Hanlon's Razor
Occam's Razor
"Flight make chant; I good leader"

Eclipse

EP consider the context, not the "I know better."

"That Others May Zoom"

abdsp51

Informing someone you are recording and having their consent to record are two seperate things, especially when you dive into the realm of a persons rights.  You can whip out a recording device all day long and if you are told they do not wish to be recorded you will be in big trouble.  Do yourself a favor and quit being a barracks lawyer it's only going to get you in hot water especially if you are a minor.

Extremepredjudice

QuoteYou can whip out a recording device all day long and if you are told they do not wish to be recorded you will be in big trouble.
Obviously. I need to obtain verbal consent, and to be safe, once I obtain verbal consent, have them say it for the recording device. My apologies, I wasn't clear in the post before.

QuoteDo yourself a favor and quit being a barracks lawyer it's only going to get you in hot water especially if you are a minor.
Sir, based on my clarification, I don't think I could get in hot water. Plus I don't think being a minor would change this (Clarify please, I am unclear as how my age would affect things negatively?). Yes, I agree I am a barracks lawyer. Except, there isn't a barracks. Besides, I'm not basing my ideas off of hearsay, or wrong information. I am basing them off of my research. I have a copy of Fl Statutes that I read, I also read law journals and court records. I find law fascinating.  :D


QuoteEP consider the context, not the "I know better."
I'm not getting what you are trying to say here, sir (clarify please?). The context is, I make a claim, SM X can refute it. If it is just me and him in the room, it is a he said, he said. If I get a recording, the truth comes out, whichever side the truth supports.
I love the moderators here. <3

Hanlon's Razor
Occam's Razor
"Flight make chant; I good leader"

68w20

What concerns you about having this SM on your review board?  What is the potential negative outcome of that situation?

Eclipse

Quote from: Extremepredjudice on June 15, 2012, 11:44:20 PM
QuoteEP consider the context, not the "I know better."
I'm not getting what you are trying to say here, sir (clarify please?). The context is, I make a claim, SM X can refute it. If it is just me and him in the room, it is a he said, he said. If I get a recording, the truth comes out, whichever side the truth supports.

The context is that it doesn't make any difference.  If you're at the point where your relationship with your CC is so poor that you have to
resort to recording your conversations, you're done.  It might not be fair, it might not be right, but it just >is<.

I've had to deal with cleaning up this kind of stuff more times than I would like, and it never ends well - the result is a bunch of he-said / he-said accusations, the original issue is lost in people not behaving properly and not following procedures, and usually the person making the most noise is out, especially in situations where upper HQ thinks the CC is doing a good job (true or not).

In an organization like CAP, if you're not comfortable with people's word, you might as well just move on, or perhaps take a break until the
landscape changes.

And the barracks lawyering will just make it worse.  Rarely are situations like this as clear as the textbooks, and rarer still do they ever get
in front of a judge who cares.

It is what it is.  Accept that, deal, and learn from it, or move on.

In the words of an esteemed scholar "If it doesn't make you money, and it doesn't make you happy, don't do it..."

"That Others May Zoom"

MSG Mac

I am a former Commander of that unit and in all the time I was a member (12 years) the Board's mandate was that if they were recommended to go before the Board, they would be promoted. In all those years only 1 cadet made such a bad impression, that he was aked to try again, after he fixed his failings. All boards required 2 out of three members to approve the recommendation.
Michael P. McEleney
Lt Col CAP
MSG USA (Retired)
50 Year Member

abdsp51

Quote from: Extremepredjudice on June 15, 2012, 11:44:20 PM
QuoteDo yourself a favor and quit being a barracks lawyer it's only going to get you in hot water especially if you are a minor.
Sir, based on my clarification, I don't think I could get in hot water. Plus I don't think being a minor would change this (Clarify please, I am unclear as how my age would affect things negatively?). Yes, I agree I am a barracks lawyer. Except, there isn't a barracks. Besides, I'm not basing my ideas off of hearsay, or wrong information. I am basing them off of my research. I have a copy of Fl Statutes that I read, I also read law journals and court records. I find law fascinating.  :D

Do you hold a law degree, doubtful do you enforce the law again doubtful, you are basing off of your research and your interpretation and that is what will lead you into trouble.  You can read records journals and statutes all day long,  I doubt you are fully able to comprehend them as fully as you feel you do.  And what you read about and what is written into law is for a textbook situations and ideals and does not always encompass every situation.

As far as what does being a minor have to do with it plenty.  Are you willing to bet your parent/s salary, home, assets and overall your lively hood on your research and being a barracks lawyer?  You find the law fascinating then become a cop or a lawyer, being a barracks lawyer is nothing but trouble and I have dealt with quite a few of them to know.  You will not last long in front if a seasoned judge or attorney.

Heed the advice you are being given.

Nathan

Extremeprejudice, you need to realize that it doesn't always matter who is right in the situation if your intention is to progress through the cadet program. Every post I've read about you and your squadron drama indicates that you're trying to be this one-man bulldozer who steamrolls over anyone using the regulations and documentation to back you up.

The problem you may not realize yet is that the higher up you go in the program, the more your success is going to be completely based on your ability to play politics. No one is going to stop some anonymous C/A1C from going to encampment. But when a C/Lt Col wants to command a region encampment, then that's something that a LOT of people have a say in, and it may only take one or two to sink you without you even realizing it.

The fact is that once you've reached C/Col, you've probably already been threatened with getting kicked out at least once and survived. And the way you survive that sort of problem is by playing your cards when it actually matters. It means that you've bitten the bullet enough times that when you're actually in trouble, you CAN go on the warpath, and you don't win because you're right, you win because you have enough people backing you up.

I can tell you that if you keep doing what you're doing, then you WILL hit a wall in CAP where you simply won't be able to move any further, and it isn't going to be at the Spaatz. As you increase in rank, you become more and more dependent upon other people at wing, region, and national level to actually work at the level you're supposed to be working. If you don't have anyone willing to stand with you because you decided to waste all your political battles on pithy squadron issues, then you're already limiting your ability to progress in this program. It's as simple as that.

It is my suggestion that you start choosing your battles more carefully and be willing to take a hit or two for the sake of ensuring that at least one person doesn't find you to be an annoying punk who doesn't see the forest for the trees. If your squadron is really causing you so many problems (or YOU are causing so many problems at the squadron) that you really are forced to fight your battles in this way, then you need to transfer. It's either that, or accept that you are going to face increasingly heavy resistance in CAP as you promote, and whether you are "right" or not is going to matter less and less.
Nathan Scalia

The post beneath this one is a lie.

Eclipse

#33



...also "life"...

"That Others May Zoom"

lordmonar

Nathan hit the nail on the head.

Sometimes you can't win for loosing.  That is you may be 100% correct and do everything right.....but in the end you are going to still be in that unit.  You are still going to have to deal with people from that unit....and you will still be a cadet in that unit.

That means you are going to be dependant on their good opinion of you.  Later the opinion of group and wing will also have a direct impact on you.

I'm not telling you to drop this issue.  I am telling you that you will have to live with the consequences of your actions.  As Eclipse said...this is a Life lesson....not just a CAP lesson.

Sometimes the best course of action is to just "out live the bastards" and not make too many waves.  Choosing your battles and knowing when to stand your ground or when to live to fight another day is a very difficult lesson to learn.

The problem with taking your issues to CAPTALK is that almost none of us are in a posiiton to really help you.  YOU need to seek the advice of someone closer to the situation.  Someone who knows your unit, your group, your wing and can better help guide you through the politics of YOUR AOR.

MSgt MAC may be a better source to seek advice (off line, via PM, E-mail, or telephone).  You can always seek advice from someone in your AOR that you trust or respect. (this is not the same as taking up the chain and making accusations).

Beyond that there is not a lot of help we can give.

My read of the situation is that you are setting yourself up for a fall.  I would suggest you go slowly, go respectfully and not confontationally.   Ask to speak to your DCC and CC and voice your concerns......not demand your rights, or accuse them of not knowing how to do things.....but respectfully telling them how you see the situation ans asking for advice on how to correct the situation.  Forget about the idea that you need to record your conversations....that in and of itself sets the tone that you are trying to catch them at something.

If they really are doing you wrong.......there are plenty of people who see it too....or will see it once it has beenn brought to their attention.  But you may never see what happens when group or wing takes action.  It is not like you will ever see the letter of counseling your commander might recreive or be able to sit in when the Wing CP Director chews him out and corrects his mistakes.

I have seen that too often, even in grown up life, where someone makes a complaint about a co-worker or boss and then complains that "nothing is ever done" because they don't see what is going on behind closed doors.

So.....my advice to you......is to a) keep your nose clean....don't give them something real they can punish you for.  b) Seek a mentor in your local AOR who knows the lay of the land and can guide you through your local political mine field.  c) Talk......TALK to your immediate leadership.  Ask them what they want from you, let them know, respectfully how you feel. d) Learn and live.....this is NOT going to be the first time you disagree with the way your bosses treat you!  Right now it is just CAP....some day it will be your JOB that is on the line....so learning how and when to fight the good fight will serve you well through out your life.
PATRICK M. HARRIS, SMSgt, CAP

Woodsy

I hope you take all of this excellent advice to heart EP.  Live to fight another day, this hill is not worth taking.


If you continue to persist, I will be forced to post the pictures of you dumpster diving for that practice beacon...   >:D

Nathan

I'm speaking from experience, having been a cadet who knew the "right way" of doing things and who used the regs to bludgeon everyone around me into submission.

Luckily, I stopped that behavior before it was too late. What I didn't realize then was that the senior members and senior cadets I was up against weren't bothering to play politics back at me because the issues I was attacking really weren't that important. I thought I was engaged in much more dramatic battles than I was, and it wasn't easy to convince me that my opponents really weren't taking me seriously enough to put up much of a fight.

I eventually realized that and stopped trying to be RIGHT all the time, and realized that the people around me still wanted to run the program in the best way possible, but just had a different idea of how to accomplish that. And when something important DID come up, and the senior members against me decided to start playing political hardball, I had enough credibility left to get help from people that could actually protect me. That wouldn't have been true if I had continued trying to be an island fortress, daring anyone to try to beat me in a barracks-lawyer battle.
Nathan Scalia

The post beneath this one is a lie.

abdsp51

I hope he realizes that the littlest things and especially attitude can bar testing for the Spaatz achievement.

AngelWings

All of the advice here is great. Listen to it EP. If you don't, your only chance after this to learn not to be a barracks lawyor is when you get kicked in the ass and lose any chance you have at acheiving what you want in CAP. I've seen it with my own two eyes, and trust me, it is not a beautiful sight to watch a grown man act like a child and lose his composure when he is told to leave a squadron or is stripped of anything he has in CAP.

Extremepredjudice

Quote from: Woodsy on June 16, 2012, 03:17:01 PM
If you continue to persist, I will be forced to post the pictures of you dumpster diving for that practice beacon...   >:D
Haha  :D ;)


You know I didn't start this stuff, I ignored it for about a year. I sat down, shut up, paid attention, went to every event I could, and now I am fed up with their BS. I made my uniform the best I could, and did the best I could, in drill, attendance, participation, anything I could to help out. And it got me jack****.


QuoteAs you increase in rank, you become more and more dependent upon other people at wing, region, and national level to actually work at the level you're supposed to be working.
We have a C/Maj. and a C/Lt. Col. who aren't involved outside of the squadron level.  ???

QuoteAsk to speak to your DCC and CC and voice your concerns
I did this. So did my parents when they blew me off. They fed my parents a total line of BS.
QuoteTALK to your immediate leadership.
I have spoken to my immediate supervisor. He didn't do anything.

Quote from: abdsp51 on June 16, 2012, 05:11:48 PM
I hope he realizes that the littlest things and especially attitude can bar testing for the Spaatz achievement.
Yes sir, I know.

Quotekeep your nose clean
Yes sir, I have been. This is why I wanted to record conversations. They can't claim I did something.

QuoteLearn and live
Yes sir. I didn't have very good bosses at my first job.

QuoteSeek a mentor in your local AOR who knows the lay of the land and can guide you through your local political mine field
The closest person I trust is one unit over. Obviously you can't know the "day to day" operations from just a few visits.
I love the moderators here. <3

Hanlon's Razor
Occam's Razor
"Flight make chant; I good leader"