Forwarded email from TP

[DrJbdm]

 Is there a copy of the letter TP wrote to congress?

[Hawk200]

Is there a copy of the letter TP wrote to congress?

CAPBlog has a copy: http://capblog.typepad.com/capblog/2007/10/tony-pinedas-le.html#more

[Pericles]

Is there a copy of the letter TP wrote to congress?

CAPBlog has a copy: http://capblog.typepad.com/capblog/2007/10/tony-pinedas-le.html#more

Looks like he is questioning and disputing the authority of the Board of Governors.  Going to be interesting to see how this plays out.

[a2capt]

Mustang:

Where did you learn facts 2 and 3?

You really think I'm gonna give up my source? I don't even know you....

Suffice to say, you can take the info to the bank.

Actions, and in this case, the actions of many, speak a lot louder than words. The fact that a high office warrants a suspension, the mere thought of it, that it was carried out and that many members of the BoG thought it was their duty and in the best interests of the organization to take these steps, says a lot more than denial from the accused, which I would actually expect no less from anyway.

There have been scandals related to the branches of the armed forces and their secretaries, and how about Nixon?

The Navy got over it, the Army got over it, and .. the nation got over it.

CAP will get over it too.

I'm just glad to see that the System still does work despite how blatantly corrupt the leadership had become, or was perceived to have become. As I said, actions speak louder than words. This comes from both ends. The actions of TP and the actions of the BoG, or re-actions.  None the less.

[Skyray]

All I have to say is that it is great to have the Board of Governors on my side.

I really don't think it was about the air force test.  I really think it was about abuse of power. YMMV

[Walkman]

YMMV

Quick swerve off-topic, but what does YMMV mean?

[jimmydeanno]

"Your Mileage May Vary"

[Walkman]

"Your Mileage May Vary"

Ah! That one was driving me nuts.

OK back on topic...

[West_Coast_Guy]

For those who are wondering where the BoG gets its authority, it's spelled out in Federal law, specifically 10 USC 9447, posted below. I'm not a lawyer, but it sure looks to me like (e)(3) says in effect that the BoG's authority cannot be limited by the CAP Constitution or Bylaws. This is probably behind Pineda's letter to Congress, since it would take new legislation, or a court declaration that it was unconstitutional, to change that.

-HEAD-
    Sec. 9447. Board of Governors

-STATUTE-
      (a) Governing Body. - The Board of Governors of the Civil Air
    Patrol is the governing body of the Civil Air Patrol.
      (b) Composition. - The Board of Governors is composed of 11
    members as follows:
        (1) Four members appointed by the Secretary of the Air Force,
      who may be active or retired officers of the Air Force (including
      reserve components of the Air Force), employees of the United
      States, or private citizens.
        (2) Four members of the Civil Air Patrol, selected in
      accordance with the constitution and bylaws of the Civil Air
      Patrol.
        (3) Three members appointed or selected as provided in
      subsection (c) from among personnel of any Federal Government
      agencies, public corporations, nonprofit associations, and other
      organizations that have an interest and expertise in civil
      aviation and the Civil Air Patrol mission.

      (c) Appointments From Interested Organizations. - (1) Subject to
    paragraph (2), the members of the Board of Governors referred to in
    subsection (b)(3) shall be appointed jointly by the Secretary of
    the Air Force and the National Commander of the Civil Air Patrol.
      (2) Any vacancy in the position of a member referred to in
    paragraph (1) that is not filled under that paragraph within 90
    days shall be filled by majority vote of the other members of the
    Board.
      (d) Chairman. - The Chairman of the Board of Governors shall be
    chosen by the members of the Board of Governors from among the
    members of the Board referred to in paragraphs (1) and (2) of
    subsection (b) and shall serve for a term of two years. The
    position of Chairman shall be held on a rotating basis between
    members of the Board appointed by the Secretary of the Air Force
    under paragraph (1) of subsection (b) and members of the Board
    selected under paragraph (2) of that subsection.
      (e) Powers. - (1) The Board of Governors shall, subject to
    paragraphs (2) and (3), exercise the powers granted to the Civil
    Air Patrol under section 40304 of title 36.
      (2) Any exercise by the Board of the power to amend the
    constitution or bylaws of the Civil Air Patrol or to adopt a new
    constitution or bylaws shall be subject to approval by a majority
    of the members of the Board.
      (3) Neither the Board of Governors nor any other component of the
    Civil Air Patrol may modify or terminate any requirement or
    authority set forth in this section.
      (f) Personal Liability for Breach of a Fiduciary Duty. - (1)
    Subject to paragraph (2), the Board of Governors may take such
    action as is necessary to limit the personal liability of a member
    of the Board of Governors to the Civil Air Patrol, or to any of its
    members, for monetary damages for a breach of fiduciary duty while
    serving as a member of the Board.
      (2) The Board may not limit the liability of a member of the
    Board of Governors to the Civil Air Patrol, or to any of its
    members, for monetary damages for any of the following:
        (A) A breach of the member's duty of loyalty to the Civil Air
      Patrol or its members.
        (B) Any act or omission that is not in good faith or that
      involves intentional misconduct or a knowing violation of law.
        (C) Participation in any transaction from which the member
      directly or indirectly derives an improper personal benefit.

      (3) Nothing in this subsection shall be construed as rendering
    section 207 or 208 of title 18 inapplicable in any respect to a
    member of the Board of Governors who is a member of the Air Force
    on active duty, an officer on a retired list of the Air Force, or
    an employee of the United States.
      (g) Personal Liability for Breach of a Fiduciary Duty. - (1)
    Except as provided in paragraph (2), no member of the Board of
    Governors or officer of the Civil Air Patrol shall be personally
    liable for damages for any injury or death or loss or damage of
    property resulting from a tortious act or omission of an employee
    or member of the Civil Air Patrol.
      (2) Paragraph (1) does not apply to a member of the Board of
    Governors or officer of the Civil Air Patrol for a tortious act or
    omission in which the member or officer, as the case may be, was
    personally involved, whether in breach of a civil duty or in
    commission of a criminal offense.
      (3) Nothing in this subsection shall be construed to restrict the
    applicability of common law protections and rights that a member of
    the Board of Governors or officer of the Civil Air Patrol may have.
      (4) The protections provided under this subsection are in
    addition to the protections provided under subsection (f).

http://uscode.house.gov/download/pls/10C909.txt

[ELTHunter]

A lot of folks on this forum are always wanting CAP to be like the "real" military.  Am I wrong, or doesn't a commander in the real military serve at the pleasure of his/her commander?  Since it appears that the BoG is CAP's highest governing body, they are, in effect, the National CC's higher commander.  Based upon information that was provided to them in the course of these investigations, they evidently saw found something that displeased them, therefore they removed him from command.  Case closed, no further explanation required.

[Short Field]

In the RM, it seems like the most common official reason when a person is removed from command is that the commander's boss has "lost confidence in his/her ability to lead".  No charges, no specifics, no arguments and no appeals - just a new commander taking over the unit.

[SAR-EMT1]

I asked this in another thread but never got a reply:
What are the chances the BoG will release an After-Action to us Vollunteers?
Considering that TP used to always do things without telling us why, (ex: policy letters) or give us clear direction: (lack of vision statement)
I will be sorely disturbed if the BoG fails to inform us of the results of its investigations and conclusions. ( If only in brief)

I think that Mrs. Courter might think about putting together a Vision Statement.
For all that I hear her being high speed and a business exec, something like this ought to be easy.

[Eclipse]

What are the chances the BoG will release an After-Action to us Volunteers?

They did - Major General Anthony Pineda was relieved of duty as National Commander.

The rest I have not seen officially, nor do I expect to.  They are personnel matters and
should be kept behind closed doors, if for no other reason than they may be subject
to litigation regarding their action.

[ColonelJack]

At the risk of sounding like ... well, I don't know what, I doubt that the BoG will tell the membership too much about the reasons for the removal.  They certainly don't owe an explanation to anyone (except the AF and Congress, I presume) ... it would be nice, I agree, if we were made aware of their findings, but I rather doubt that they'll do that.

As for a vision statement, I believe General Courter is deeply involved in preparing such a thing at this time.  (No, I don't know her personally and have no way of knowing whether what I say is accurate, but from all I hear, she's not one to shoot from the hip.  She'll prepare and get ready what the organization will need.)

Aside ... I don't believe the general is married; no husband is mentioned in her biographies.  If you don't want to use her rank and aren't sure of her marital status, I'd say Ms. Courter would be appropriate.

Jack

[CadetProgramGuy]

If memory serves....Not married, no children, 'cept all of us in CAP now.