National Commander Suspended

[ELTHunter]

What I find interesting are the differences in the original statement from Parker, the message to employees from Rowland, and the subsequent press release from National PA.

Far more information on the "why" of this is released to the press than in the original statement to members, and Rowland tells his folks basically not to discuss this with the "volunteers".

Isn't that special....

-SeattleSarge

Most likely because people in the organization already knew of the allegations.  but when you release to the press they'll be chomping at the bit if you don't give them all that info.  they may have gone off with even more conspiracy theories than we were yesterday. 

I have had members that don't keep up with the politics ask me what this is all about, so no, I don't think you can say the people in the organization know the facts.  The people that keep up with this stuff on boards like this know, but I'd say that's a minority of the 50,000+ members.

To insure the facts were all out and that there was no attempt by top leadership to hide anything, I think they should have issued one comprehensive release to the membership and the NHQ staff.

That comment in Rowland's e-mail about not talking to the volunteers really struck me the wrong way.  It was probably not intended to slight the volunteer members, but the way it struck me was "keep quite, don't tell them anything, and I'll let them know what they need to know".   How many paid staffers are there at NHQ, and how many DUES PAYING members are there that give their time and money to CAP???

[Nomex Maximus]

Oh, he'll come to Atlanta alright... he will round up 500 of his followers who are pilots and they will get all the CAP aircraft and they will all swarm over the convention center towing banners that read, "FREE ANTONIO!!!"  and "SAVE OUR GENERAL"

And then he will round up a large number of misguided cadets and form the largest ground team ever seen. They will form a traffic control perimeter around the convention center all wearing their green BDUs and orange vests. CAP ground team vans will slowly circle the convention center as a show of force.

[Pumbaa]

Well I would say that the MG's email shows me what type of an arrogant SOB he is.  I already knew it, that just confirmed it.

I agree with the rest of the posters who say he should step down for the good of CAP.  If he insists on not letting the system 'work', and shows up in Atlanta, all U-kno-what is going to break loose.  The PR damage that he is going to do is unsettling.

I hope with the release of this email that the powers that be are prepared for his arrival... and REMOVAL permanently.  He just violated the conditions of his suspension.

Personally I think he is going for a scorched earth campaign.  He is going to try and take as many people OR the whole organization down as much as possible...

Nothing is worse than a scorned woman.. well the MG is about to show how a jilted lover lets loose!

Mark my words.

[Hawk200]

Now, you could say that the constutional clause on removal of the national commander can be used as a suspension since a supension is just a TEMPORARY removal from office.  But, even if that is the case, it doesn't give the BoG authority to suspend the National Commander.

So the National Commander is immune from the MARB? Creates a bad precedent. If the top man is immune, then where does the accountability fall?

The general should accept it. He would have it far easier if they find him not guilty.

[ELTHunter]

This could be a watershed event for current governing structure of the organization.  It seems pretty evident that the last re-write of the constitution and by-laws meant for the BOG's to be the primary body responsible for the governance and direction of the "Corporation" while the "elected" volunteer member command structure represented the membership.  Does the BoG back down?  Is there any way to rid the organization of corrupt leadership?  I guess we will see.

It would seem that MG Pineda feels fairly confident in the members of the NB that he has put in place.  Bwahhahahahah

[West_Coast_Guy]

In the CAP Constitution I saw a reference to 10 USC 9447, so I looked it up. Seems like anything that conflicts with these is going to be tough to support:

(a) Governing Body. - The Board of Governors of the Civil Air
   Patrol is the governing body of the Civil Air Patrol...

(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.

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

[RiverAux]

The issue is that the Nat Cdr is treated differently and has a separate regulation for their termination and it isn't clear that the other regulations that apply to CAP members do apply here.  

Much as I hate to say it in this case, Pineda seems to have a point and that the BoG doesn't have the authority to suspend him.  

[RiverAux]

I do believe that it should be the BoG rather than the NB that should have the authority to select and remove the National Commander...its just not that way now.

[Al Sayre]

Yes, but there doesn't appear anything to prevent the BoG from passing a 1 line Constitutional Amendment stating that:  "The BoG has the right to exercise any authority granted to any subordinate body in any matter related to the membership or operation of the Civil Air Patrol."

[RiverAux]

Our buddy posted this on his site as coming from Pineda...

Members of the National Board,After speaking with the National Legal Officer, we have agreed that it is in the best interest of Civil Air Patrol to allow the process to continue and for me not to show up at this summer's National Board.I will abide by the letter of suspension from Maj Gen Bowling. Have a great conference and I'll see you all soon.

Tony Pineda

Our buddy certainly isn't a paragon of virtue, but does seem to have good sources, so I tend to believe this.  

[West_Coast_Guy]

It seems to me that any provision of the CAP Constitution that limits the authority of the BoG violates 10 USC 9447(e)(3). I don't see how the CAP Constitution can trump federal law.

[jb512]

The other question I never asked was

If he is cleared, will there be retaliation against the accuser?  I mean this whole allegation comes down to integrity, so if another member showed compromised integrity by an accusation against the integrity of another they should be held accountable for that just as the General is being held for an accusation.

I wouldn't think so.  People can complain about another person and make accusations till they're blue in the face.  It usually takes more than just words to get someone suspended, especially in that high of a position.

Now if that evidence is false or otherwise malicious, then yes, I would think the accuser could face some form of punishment for that.

[Major Lord]

Okay, Here is my proposal for a New CAP Constitutional Amendment:

Vote of No Confidence

A) In that it appears that the highest levels of Command have no direct Air Force or Governmental Oversite, and,

B) That the Board of Governors could potentially (!)  be manipulated, fired, or pressured to resign via Improper command influence,

C) A regulation shall be drafted requiring a hearing for any CAP Member occupying a position of Command or special trust when a Petition, submitted by 3% of CAP members subordinate to said member, is submitted to the National Board. This regulation is intended to provide the membership with recourse in the event of a usurpation of power that cannot be addressed through conventional protocols.

D) Upon a presentation of the Defendants defense of the specific allegations made in the body of the petition, a popular vote of the subordinate general membership shall be held to determine whether the defendant shall remain in Command or special position of trust.

E) Upon a negative finding, the member shall not be deprived of CAP membership, but will be prohibited from holding any office, command, or position of special trust in CAP, BOG or as a civilian employee of either of these.

F) BOG or any other CAP members attempting to circumvent or deprive the general membership of their right to a binding vote of no confidence shall be subject to dismissal.

There, that should do it!

Capt/Major Lord

[MidwaySix]

NEWSFLASH:

Maj. Gen Pineda traveled to Atlanta today, but stopped short of going to the hotel.

He's at the airport now, making arrangements to head home.

More on CAPblog shortly: http://capblog.typepad.com

- Midway Six

[RiverAux]

Capt. Lord, just not really feasible....no way for members to have access to enough information to make a sensible decision. 

[flyguy06]

I find it kind of wierd that they've said that he may "not have contact with any CAP member" That's kind of beyond what the BoG can enforce, isn't it?

I can understand that he cannot have contact with CAP members in an official capacity, but to say he can't go play a round of golf with a friend who also happens to be Joe Q. Member from some unit, makes it sound like they're overstepping their boundaries, especially considering this, yet again, is a volunteer organization.

Perhaps the press release and letter were worded a bit misleadingly, but that really caught my attention.

So now, we all wait....

How would you enforce that? What if he does hang out with a CAP member? What are they gonna do? He is a volunteer.

[RiverAux]

I find it kind of wierd that they've said that he may "not have contact with any CAP member" That's kind of beyond what the BoG can enforce, isn't it?

I can understand that he cannot have contact with CAP members in an official capacity, but to say he can't go play a round of golf with a friend who also happens to be Joe Q. Member from some unit, makes it sound like they're overstepping their boundaries, especially considering this, yet again, is a volunteer organization.

Perhaps the press release and letter were worded a bit misleadingly, but that really caught my attention.

So now, we all wait....

How would you enforce that? What if he does hang out with a CAP member? What are they gonna do? He is a volunteer.

Very easy to enforce...if he violates it he is kicked out of CAP. 

[flyguy06]

Ok,

But its not like he is going to go to jail or have to pay a fine or anything.

[RiverAux]

Of course not.  No one ever said CAP had any authority to do that, but any organization has the right to enforce its own rules by kicking somebody out if they don't follow them.

Since I know our buddy is reading...I'm not aware of any ban, I just prefer not to give you any more publicity than I have to. 

[JC004]

NEWSFLASH:

Maj. Gen Pineda traveled to Atlanta today, but stopped short of going to the hotel.

He's at the airport now, making arrangements to head home.

More on CAPblog shortly: http://capblog.typepad.com

- Midway Six

::waiting::