News of the Force...sometimes gets it right!

[lordmonar]

I don't believe it either!

For once NOTF does some research and publishes an article in favor of CAP leadership.

So...with all the greif I give them...it is only right that I applaud good work when they do that too.

I don't want to seem biased or anything! 

LINK FIXED

[Pumbaa]

I could not read through the whole thing.. Talk about diarrhea of the fingers... it went on and on...

Some people need to learn how to be concise...

After your post, I just skipped to the last couple of paragraphs.. yep, suprise suprise..

Did you notice though the capinsights link is dead?

Hmmmmm....

[CadetProgramGuy]

Because I could not make the link work the first time, I have posted the article here.


Leesburg, Let's Make a Deal!


                                                   
By Amanda Collins, News of the Force (amandanotf@aol.com )


                                         


    Since a Civil Air Patrol building located at the Leesburg, Fla., airport was allegedly "given away" to the government of the City of Leesburg, there has been much controversy over the action and its handling.

    According to the capinsights Web page at http://vdo.1.us/capinsights.html :

    Lake County Property Appraiser, cpafl.org :
    Building "just value" $539,045.00, and the land "just value" $86,415.00. Civil Air Patrol along with EAA 534 and the LCAA owned only the building.
    1) 1991, CAP, LCAA and EAA 534 agree (before a building is even completed) that as it is being built for three organizations, that if any one of them decides to no longer "own" the building, that it goes, by default, to the other two. So if CAP ever decides to no longer have
an interest in it, they walk away clean and leave it to the EAA and LCAA.
    2) Col Levitch, as the Florida Wing Commander, simply signs away the building to the City of Leesburg without proper authority (CAPR 87-1(E), 2002) on 10 July 2006. A building that by the 1991 agreement, he never had the authority to EVER sign away!
    3) MGen Pineda "helps" Levitch to "cover up" the gross error by having the NEC vote to approve the give away (did we mention of a building they had to right to give away at all?). MGen Pineda does this by directing an email sent to the NEC through CAP's legal officer
and Don Rowland to approve the give away, in SEPTEMBER of 2006. (Again, did I mention the 1991 agreement that CAP signed before the building was even completed that says if they ever walk away, they just walk away and have no rights to the building as it goes, by
default, to the EAA and LCAA?)
    4) The NEC votes on it AFTER Col Dan Levitch ALREADY gave it away (yes, the building he never had the right to EVER sign away in the first place!) on 10 July 2006!
    5) Then, they stick the "Approval" result to the back of the MAY 2006 NEC Meeting Minutes (page 39 of 39) in a sham to make it look  like it was "Pre-Approved"!
    Their OWN DOCUMENT spells out the entire fraud committed by: MGen Antonio Pineda, CAP's Legal Officer, Don Rowland and the NEC (though to be fair, the NEC was never provided with ANY details about the situation, just to hurry up the vote).
    Even assuming that everything was indeed done right, they NEVER had the rights to give away the building in the first place!

    But a just-completed News of the Force investigation shows that some of this "ain't necessarily so." Under Florida's Public Records Law, NOTF has obtained 188 pages of documents regarding this building from the city of Leesburg, along with a CD of all city e-mails that were sent regarding the issue.  Interestingly enough, all e-mail messages sent within the Leesburg city government carry the following printed warning: Florida has a very broad public records law. Most written communications to or from a government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

    And so they were, and in almost unbelievable record time for any government agency. If the city had anything to hide, they certainly spent no time trying to conduct a cover-up.

    According to the documents obtained from the city, Leesburg first entered into an agreement with the Civil Air Patrol to lease the property where the building was eventually built on airport property by a resolution of the City Commission on March 26, 1979.

    It should be noted here that the agreement was with the Civil Air Patrol only. There was no agreement to, nor was there any mention of, any other organizations in the document, including the Experimental Aircraft Association (EAA). According to the lease and the city's property records, the property leased to the CAP was previously owned by "H. L. Pringle, et al."  CAP Col. George Pringle was, until 1998, the commander of the Civil Air Patrol's Florida Wing. Obviously, the property belonged to the Florida Wing commander's family prior to being acquired by the city, and the city then leased it back to the CAP for a period of 20 years in 1979. The city originally leased the property to the CAP for a lease payment of one dollar ($1.00) per year.

    Late last year, NOTF was advised of this issue and contacted the then-Florida Wing commander, CAP Col. Dan Levitch, who told us that the building was returned to the city because it was in disrepair, and the city offered to take back the building, pay for all of the maintenance and utilities and would still allow the CAP and the EAA to use the building for their meetings and activities. At that point, NOTF dropped the story, until early this year when we were contacted by the president of the Leesburg EAA chapter, who was grossly unhappy about the deal.

    The original lease document, including all of the amendments to it in the ensuring years, specifically states: B. Building by lessee. Lessee, at its own cost and expense, may construct or install (in accordance with applicable laws and ordinances) in or on any space which is or may be leased to lessee hereunder, any building, structures or improvements, including equipment and storage tanks, on the surface or underground, that it shall determine to be necessary for use in connection with its operation..., and, It is understood and agreed that upon termination of this lease, either by act of the parties or lapse of time, that all structures erected by Lessee upon the land shall become and remain part of the realty and title thereto shall automatically pass and become the property of the Lessor.

    As part of the NOTF investigation, we contacted the EAA's national headquarters in Oshkosh, Wis. A spokesman for the organization told us that, unlike the CAP, every chapter of the EAA "is its own little corporation," and the national office neither controls or owns any real property leased or owned by any of its chapters.

    By contrast, Civil Air Patrol regulations state, in essence, that any real property acquired or owned by any subordinate units of its national headquarters -- including its squadrons, groups or wings, is the property of the CAP's national headquarters and the CAP corporation. Therefore, a corporate officer of the CAP -- in this case, a wing commander -- can act for the corporation in such matters.

    One codicil in the CAP regulations, however, requires that such actions be approved by the CAP's National Board.  And according to Col. Levitch, "The only mistake I made was not getting the approval of the National Board before transferring the property back to the city, but I did get the permission of the National Executive Committee (NEC), which acts for the National Board between its meetings."

    The building subsequently built on the property was built by the Home Builders Association of Lake County, and a sign they erected in the front of the new building read, "Building a future office for Civil Air Patrol, Lake County Aviation Association, Experimental Aircraft Association." And although all of those organizations held fund-raisers and obtained the money necessary to build it, the sign did not, of course, convey any ownership rights to those organizations, and the lease with the city -- which was never amended as to the lessees to include any organization other than the Civil Air Patrol -- continued to vest ownership of the building with the CAP, and, subsequently, the city of Leesburg.

    Ed Schultz, the president of EAA Chapter 534 in Leesburg, was incensed when the transfer of the property back to the city occurred. According to Schultz, when the city took over the property from the CAP, the CAP unit went from having over 5,000 feet of space to two small offices.  The EAA wound up, apparently, with a closet. The city took over the remainder for city offices, and, apparently, a new office for the airport manager.

    Schultz was so mad that he filed a complaint with the Leesburg Police charging conspiracy, theft, etc., The police took no action.

    A complaint was also made to the CAP general legal counsel at Maxwell AFB, Ala.  Included in the documents obtained by NOTF from the city is a request from the CAP for the same documents they provided to us.  The CAP general counsel also found no wrongdoing.

    In an e-mail to us, Schultz wrote on April 10, 2007: I will reiterate that the building was financed and built by EAA Chapter 534 and the Lake County Aviation Association and DONATED to CAP. Further there is a Memorandum of Agreement between CAP and EAA534/LCAA that if the squadron was disbanded and the building deemed surplus by CAP, it was to have been returned to EAA534/LCAA. Not that EAA534/LCAA wanted it back, but it would have been nice to have brought us into the discussions even if only as a courtesy. The building was 1) Not, repeat, N*O*T derelict; 2) was subject to outside actions resembling sabotage, and 3) should have been BOUGHT by the City of Leesburg as its replacement value was given as between $500,000 and $750,000.

    The president of the EAA Chapter apparently fails to understand that the property (and subsequently, the building) was leased to the CAP only. There was no mention in the lease of the EAA or the LCAA, and obviously either or both organizations could have amended the lease to include them as lessors, but they did not.  And a Memorandum of Understanding between them and the CAP could not negate the provisions of the city's lease of the property and the building to the CAP.  Therefore, the CAP had the only proprietary rights to the property and the building, under the terms of its lease with the city of Leesburg.

    Governments -- including city governments -- are sometimes known to do strange things, but in this case, the city of Leesburg paying up to three-quarters of a million dollars for a building and property which, under its lease agreement with the CAP, it already owned, wasn't one of them.

    Were mistakes made? Certainly. The CAP agreed to the lease and it was never amended after the building was built to allow for additional lessees. The CAP agreed to let the EAA and the LCAA use the building, but neither the CAP, the EAA or the LCAA ever bothered to have the lease amended.

    Was there a conspiracy? No. Did Maj. Gen. Pineda help Col. Levitch with a "cover-up," as stated on the capinsights Web site?  Of course not. There was no conspiracy, and there was no "cover-up" of anything.

    Of course, how the building was damaged still remains a matter of speculation. But the fact is that it was damaged (there had been recent major storms in the area), and apparently the building needed frequent upkeep and maintenance work which the CAP unit and the Florida Wing were unable to pay for.  The city offered a deal to the CAP to cancel the lease, take over the building, and still allow the CAP to use the building and the property at what would now be no charge. The CAP unit would have to pay only for its telephone service -- instead of paying for upkeep, maintenance, electricity, water, lawn maintenance, pest control, fire extinguisher services, etc., plus the cost of the lease (which was later in the lease term raised to $10.00 a year).

    According to some sources, the airport manager in Leesburg subsequently told the CAP squadron commander that the CAP could not be at the building unless there for a scheduled meeting or on Air Force mission orders.  And although Charlie Weller, the airport's manager, is described as not being easy to get along with, the city denies that he ever made such a statement.  Personality conflicts do not a conspiracy make.

    A through study of the city's files shows no wrongdoing on the part of anyone involved in this incident.  It's a case of a wing commander trying to do what was right for his organization and one of his units. It was a good deal for the CAP and for the city, even if some organizations -- who were not legally a party to the lease with the city -- disagree.

    What may have been an agreement to turn the property and the building over to the EAA chapter or the LCAA in the event the squadron "disbanded" or the property was declared "excess" to the CAP is not included in the city's files. The squadron did not disband, and the CAP did not declare the property "excess," in fact, it continues to use the building and the property. If such an agreement exists, however, that is an issue between the CAP and those organizations. Under the lease agreement with the city, the only lessee of the property was the Civil Air Patrol, and therefore the CAP had the absolute right to amend or terminate the lease.

    And, this time at least, we're happy to say the Civil Air Patrol did nothing wrong -- at least in the legal sense.  The transfer could have been better handled between all of the parties involved (and Col. Levitch agrees), but there is no conspiracy, no theft of government property, no diversion of government money, nor any evidence of any fraud, waste or abuse, and the other parties have no legal claim to the building or the property because they were not parties or signatories to the lease with the city.

    Many reading this will not remember a vintage television show called Sgt. Preston of the Yukon. At the end of every episode, the RCMP character would pet his K-9 partner and say, "Well, King, this case is closed."

[shorning]

Did you notice though the capinsights link is dead?

Do we need to start a conspiracy theory about that?!?  Perhaps "capinsights" was run by NHQ...perhaps there is no "Ray Hayden"...perhaps I am a figment of my own imagination...wait, that last one is true...

[Chaplaindon]

Even a broken clock is right twice a day ...

[JohnKachenmeister]

Even a blind squirrel sometimes finds a nut.

[lordmonar]

Well Mr. Hayden has responded...and his big grief is that NOTF messed up on his web page URL.  NOTF put in one little extra dot.  A simple typo is elevated to the level of complete lack of research by NOTF.

This is typical of Mr Hayden's reaction to anything not going his way.

[Major Carrales]

Herr Hayden's use of language profanity smacks of unprofessionalism.  And his, "bad language" disclaimer is a cop out.

And get a load of this...



Good God, I've been in CAP for 9 years and I don't have that many ribbons and awards...hell, I'm not even a Lt Col.

Here's mine...sans the National Commander's unit Citation the Texas Wing got for Katrina and Rita...




How long was he in CAP?

This issue is like a cancer...

Just carry on and carry out the missions of CAP in your area. 

[shorning]

Well Mr. Hayden has responded...and his big grief is that NOTF messed up on his web page URL.  NOTF put in one little extra dot.  A simple typo is elevated to the level of complete lack of research by NOTF.

Oh, thank goodness!  I was going through withdrawal.

BTW...if Mr Hayden's membership has been terminated, or if he's chosen not to renew, in what organization exactly is he a Lt Col?  Perhaps I'm missing a piece of the picture here.

[Major Carrales]

Well Mr. Hayden has responded...and his big grief is that NOTF messed up on his web page URL.  NOTF put in one little extra dot.  A simple typo is elevated to the level of complete lack of research by NOTF.

Oh, thank goodness!  I was going through withdrawal.

BTW...if Mr Hayden's membership has been terminated, or if he's chosen not to renew, in what organization exactly is he a Lt Col?  Perhaps I'm missing a piece of the picture here.

According to my research and what I have been told, he is still listed in the roles as a Lt Col.  I don't know the details of his exact situation, however, the conversations on the subject of 2b and such subsequent hearings may apply to him much more than us.

I simply can't understand this person's problem?  His rank and time in grade, including awards, don't seem to make sense.  Look like he got some advancement...hit a wall...then got bitter.

He's dirty...tainted. 

[lordmonar]

According to Mr Hayden.  He was a lowly Capt when asked to cheat for then Col Pineda.  He was given a special promotion to Major (the second such special promotion) so that he could take the ASCS.  At some point after that he was promoted to Lt Col.

Mr Hayden should not be listed anywhere as anything as he resigned from CAP on 15 Dec at 1800 EST according to NOTF on 20 Dec.

Mr Hayden seems to think that he deserves a 2b Hearing IAW CAP regs...but I don't see how you can appeal a resignation.  He could re-apply for membership.....but that would be interesting.

[Major Carrales]

According to Mr Hayden.  He was a lowly Capt when asked to cheat for then Col Pineda.  He was given a special promotion to Major (the second such special promotion) so that he could take the ASCS.  At some point after that he was promoted to Lt Col.

Mr Hayden should not be listed anywhere as anything as he resigned from CAP on 15 Dec at 1800 EST according to NOTF on 20 Dec.

Mr Hayden seems to think that he deserves a 2b Hearing IAW CAP regs...but I don't see how you can appeal a resignation.  He could re-apply for membership.....but that would be interesting.

His resignation...is there precedent for it?  By that, I mean, was it done in accordance with CAP protocol or did he just send a letter.  If that is so, one could maintain they needed a hearing.  For all we know, he sent a letter, it was filed and left at that since it may not have been in accordance with established CAP practice.  Which means, he is still a CAP officer.

Maybe, no one intends to let him renew and are letting him fade out of the program?  Has anyone instituted a 2b at all?

Sadly, my adherence to the IDEALS of JUSTICE means that even Mr Hayden gets a fair shake.

I still think he is an unethical type... he openly admits to cheating.  And if that is a lie then he has belied himself before the organization.

This, my dear fellow, is what I call agendism.  His hatred for the Major General has blinded him to taking action that is destructive to his own ends.  This is also visible in his rant now against NEWS of the FORCE.  It reported a position contrary to his agenda...thus it was a Devil.  His profane rant against them is text book agendism.

Another thing I find is that he expects pity from us.  I do pity him, but not in the manner he feels.  His focused energy should have been service to the Florida Wing...on the Professional Development Weekends the had.  Instead all that has incinerated in his rhetoric and sheer blind agendistic drive to destroy.  Like Ahab and the whale!!!

[shorning]

Like Ahab and the whale!!!

Good analogy.

[lordmonar]

I don't know....there is no specified "protocol" for resignation.  Usually when people resign they just stop coming to meetings and their membership lapses.

But if someone writes a letter and sends it to several IGs and a "media" outlet (NOTF) then I would say that constitutes a formal and acceptable resignation.

At some point someone at NHQ (don't recall...but Ray Reported this on his website) told Ms Parker to change Mr. Hayden's membership status as "expired".  Mr Hayden went at length how this was improper and just another example of how CAP rail roads members instead of giving them hearings.

But my take is that it was proper because Mr Hayden resigned.

You have hit the nail on the head when it comes to me and Mr Hayden.  I had high hopes that maybe we would get a clean investigation and some real justice....but Mr Hayden can't keep his mouth shut and then he started to spin the events to make it seem he was a victim of the Pineda Political Machine.

And the facts just don't support that.  He was a part of the Pineda Political Machine and when Mr Hayden became a liability he was summarily dropped to sleep in the hole of his own digging.

[SarDragon]

FWIW, there is no R* Haydens visible in the database at this time.

[shorning]

FWIW, there is no R* Haydens visible in the database at this time.

Perhaps there is one on a grassy knoll...

[Pumbaa]

Instead all that has incinerated in his rhetoric and sheer blind agendistic drive to destroy.  Like Ahab and the whale!!!

I thought that was Jonah and the whale??

Ooops different story  :angel:

Very true about Ahab.. he was so blinded in his drive he destroyed not only himself, but others too.  I wonder how much of his hatred is bleeding over to his present life?  I prayerfully hope not...

That one line the Major posted is probably more valuable and speaks more than the 1000+ posts on the subject of the Col...

But to also pull from Jonah... Actually with Jonah there is also the story of redemption and forgiveness...

My point of my post earlier, albeit the humor was lost, was that this article went on and on and on, so much so I could not even read it.  But they posted a bad link, thus creating the ol' conspiracy...

It is sad, as I could see that the LtCol did some good things with the Prof Development. But there is no need to rehash this whole sorted affair and the admitted issues of moral weaness...

[Al Sayre]

Not to hijack the thread, but over on the 2b thread we were discussing the uses of the 2b.  This is one of them.  When a member resigns in writing, the smart commander will fill out a 2b, check the block marked "Voluntary Resignation", attach the members letter and file it appropriately, including a copy to the member via certified mail with a letter accepting the resignation.  YMMV

[AlphaSigOU]

Herr Hayden's use of language profanity smacks of unprofessionalism.  And his, "bad language" disclaimer is a cop out.

And get a load of this...



Good God, I've been in CAP for 9 years and I don't have that many ribbons and awards...hell, I'm not even a Lt Col.

Here's mine...sans the National Commander's unit Citation the Texas Wing got for Katrina and Rita...

Heh... I haven't pinned on Captain (less than a week before I'm eligible) and I now have more ribbons than a Mexican general! 



This is deserving of a thread split... no need dirtying up our ribbon racks with NOTF Bravo Sierra!

[Chaplaindon]

Like Ahab and the whale!!!

Good analogy.

Which one's the blubber and which one is blubbering?