National Commander's Suspension Coming to an end Sunday

[Eagle400]

Removal from the position National Commander; demote him to Lt. Col. and allow him to retain his membership with the provision that he could never assume another command position at any level of CAP.

Wow, that would do a lot of justice for those who were unfairly 2b'd by Pineda.   Let the man enjoy his membership while better folks than he remain unable to participate in CAP?  No, I think full membership termination is in order. 

Let him get a taste of his own medicine.  

[Pylon]

And a goodly number of the Board oif Governors owe their positions to his patronage. 

I also missed this the first read-through.  Doug, the Board of Governors is not the National Board.  The BoG has Air Force members, community members, and only several CAP members sitting on it.

http://level2.cap.gov/visitors/organization/cap_structure/board_of_governors_list.cfm

[Cecil DP]

Not to mention that we are only closing on 90 days, not 180.  Unless there was an announcement that I missed from NHQ.

The suspension was for 180 days, OR until the matter was investigated. Those who are questioning why the B of G would make the announcement by Sunday It' s because the B of G meets over the weekend. Therefore the decision would be finalized at that meeting.

[Mustang]

Couple things.

First off, by suspending Pineda, the BoG has already found probable cause to remove him, and already made the decision to wade into this mess.  They could've done nothing and waited for his term to run out, but they didn't. 

Second, if there was sufficient cause to remove him as national commander, there's sufficient cause to terminate his membership, period.  He should absolutely not be permitted to remain a member, regardless of lack of precedent.  (No sitting national commander has ever been found to have cheated on USAF exams before, either.  No sympathy for self-inflicted wounds.)

Third, the BoG's authority is derived solely and exclusively from Title 10 of the United States Code, Sec. 9447; thus, the BoG's authority over all aspects of the Civil Air Patrol is total and absolute.  Neither the CAP Constitution & Bylaws nor AFI 10-2702 are binding upon the BoG.  (The AFI may be binding upon the BoG's USAF appointees, but not on the other members.)  In fact, the BoG is free to amend or abolish the CAP Constitution & Bylaws with a simple majority vote.

Lastly, when Congress instituted the BoG, it most certainly wasn't at CAP's request; it effectively revoked ALL power from the National Commander, National Executive Committee and National Board and placed it with the BoG.  Whatever authority those parties continue to exercise is done so solely at the BoG's discretion.

[JC004]

^^ I don't know that the Constitution & Bylaws aren't binding on them.  They can certainly change them, but they have to act within them, as the governing body of any corporation...

[JohnKachenmeister]

Not to mention that we are only closing on 90 days, not 180.  Unless there was an announcement that I missed from NHQ.

Actaully we're more than a week short of the 60 day point in the suspension. It began (well, at least announced publicly to CAP) on 06AUG07 ...

Maybe those at News of the Farce should do a little fact checking.

Perhap they had someone take their elementary school arithmetic tests for them ...

lol!!!!!  Sarcasm... I LOVE it!   

[JohnKachenmeister]

^^ I don't know that the Constitution & Bylaws aren't binding on them.  They can certainly change them, but they have to act within them, as the governing body of any corporation...

JC and Mustang:

The BoG, in spite of its name, is not the governing body of CAP.  The National Board still is.  The BoG is the executive agent of the Secretary of the Air Force with respect to CAP.  They exist, literally, to keep the NB, the NEC, the National Commander, and the paid staff honest.

Just because they usually keep their swords in their scabbards, do not conclude that they are not sharp!

Also, and I HATE to sound like a lawyer, but I think that one observation is in order.

The allegations against TP are said to have occurred BEFORE he was the Natl Cdr.  Relieving him of command, but keeping him as an officer in the CAP, for an action that took place before he accepted command is not appropriate.  If it is a serious problem, one that you cannot trust him in command anymore, you have to separate him from the organization.   

[Skyray]

First of all, Bac Si Kach, I want to thank you for bringing the NOTF cheating on its Math exams to my attention.  I missed it the first time through.

Your point about the dereliction occurring before he was National Commander is valid, except that it was a part of the pattern and practice that took him to National Commander, and it is not the only charge.  Supposedly there are forty more.  And remember, he came back from disgrace for using his office for personal revenge before with the help of Rick Bowling, who is still on the BoG.  Of course, the guy who canned him, General Bergman, is on the BoG too.  I wonder if they will cancel out?

[JC004]

Kach, I was confused on this too until I did all the searching when the suspension came down.

TITLE 10 - ARMED FORCES
    Subtitle D - Air Force
    PART III - TRAINING
    CHAPTER 909 - CIVIL AIR PATROL

-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.

[LtCol White]

I can't see USAF seeing anything but termination as appropriate since he violated not only CAP policy but USAF as well. If the article from NOTF is true, and we all know they have been way wrong before, those who favor removal should email Don Rowland, Col. John Tilton, and Rick Bowling to express their concerns. If BOG is on the fence, and they get flooded with email from the membership, this could help tip the balance.

Just my .02

[Skyray]

I guess that being excluded from the CAP database for the terrible sin of telling Tony that he lacked integrity, I am a little confused.  Kieloch gave me a URL for Board membership which seems out of date.  I found another one that includes Amy Courter, but neither of them includes Rex Glasgow.  And does the Executive Director have a vote, or just a voice?  Inquiring minds want to know.

The aphorism that CAP has never terminated a sitting National Commander sounds like a desperate effort by Rick Bowling to salvage his protege so he can be resurrected after the storm blows over.  I would ask if we have ever had a National Commander who blatantly cheated on a major Air Force credential?

[Flying Pig]

Maybe I missed it.  Did they ever prove any of the allegations?

[Skyray]

Maybe I missed it.  Did they ever prove any of the allegations?

Never announced.  And the article in NOTF would tend to imply that a conclusion has been reached, but there are two problems with that;  first do you believe NOTF, and two, if the article is accurate, could the BoG find that the charges were not proved, but the mere appearance of impropriety was worth punishing.

I have my own opinion which is probably familiar to most of the readers here.  Remember, I am the guy who investigated the allegations that he was wearing pilot's wings to which he was not entitled back in 1991.  He seems to have an affinity for bling whether he has earned it or not.

[Cecil DP]

And does the Executive Director have a vote, or just a voice?  Inquiring minds want to know.
The Executive Director is a CAP employee who is appointed by and reports directly to the Board of Governors

[Skyray]

I guess I was less than perspicacious.  I know who he is since we had Paul Albano.  And I know he has a voice, at least insofar as reporting.  My question was: does he report and shut up, or does he get to participate in the ensuing debate, and when it comes time to vote does he get one of those?

[Cecil DP]

I guess I was less than perspicacious.  I know who he is since we had Paul Albano.  And I know he has a voice, at least insofar as reporting.  My question was: does he report and shut up, or does he get to participate in the ensuing debate, and when it comes time to vote does he get one of those?

He doesn't have a vote, but since he reports directly to the BOG, I would suspect his input would be solicited.

[JohnKachenmeister]

Maybe I missed it.  Did they ever prove any of the allegations?

Never announced.  And the article in NOTF would tend to imply that a conclusion has been reached, but there are two problems with that;  first do you believe NOTF, and two, if the article is accurate, could the BoG find that the charges were not proved, but the mere appearance of impropriety was worth punishing.

I have my own opinion which is probably familiar to most of the readers here.  Remember, I am the guy who investigated the allegations that he was wearing pilot's wings to which he was not entitled back in 1991.  He seems to have an affinity for bling whether he has earned it or not.

I don't remember the "Pilot wings" thing... Was that TP?  I don't think I ever heard about it.  Probably because in 1991 I was getting ready to go to Kuwait, but the war ended after Saddam Hussein heard a disturbing rumor about my pending arrival.  (I believe he took note of the fact that I was on the DMZ when Ho Chi Minh died, and he didn't think that was just coincidence!)

Anyway, fill me in.  What was it about the pilot wings?

[Flying Pig]

Well.....I did stop on my way home from my CAP meeting last night and help on a Traffic Accident. 

I even got my shoes dirty.

[lordmonar]

^^ I don't know that the Constitution & Bylaws aren't binding on them.  They can certainly change them, but they have to act within them, as the governing body of any corporation...

Yes..but if someone were to challange the BoG's action as being against the Constitution & Bylaws....all the BoG would have to do is change the the C&B's and make it retro active.....ergo....defacto....the C&B's do not apply to the BoG.

[Skyray]

Anyway, fill me in.  What was it about the pilot wings?

John, you are just determined to get Tedda an excuse to stomp my instep.  Here are some facts, I'll send you the rest of it via PM, although it has been discussed previously on line.

Check his FAA certificates on the FAA database.  He has a Third Class Medical in about June of 1991, and a PPL issued in 2004.