SCN: Put up or shut up.

[Rich Littleton]

Joe,

Several points were missed here.  See comments below.

______________________________________________________________________


On Mon, 26 Jun 2000, Joe Mabel wrote:

> Rich, your concern with "wrongful and public" dismissal seems rather odd.
> All of this woud have been close to private and certainly quickly forgotten
> by most parties if you hadn't filed a lawsuit. 

This is incorrect to call it private.  That's like my accusing you of some
crime in a committee list and at a meeting, and then trying to claim it
was private.  Your thinking reminds me of the thinking that condemns a
whistleblower -- if he would only shut up about the cost overrun, there
would be calm.  Or the person who sues because he she is overlooked for a
promotion (merely a couple thou a year diff) because of gender or race.
You are using the wrong measuring stick:  the discomfort of making this
public.

Most of the publicity around
> this event is an outgrowth of the suit.
> 
> Also, while I hate to open this box, you have alleged "embezzlement", a
> pretty nasty charge, but I've heard nothing from you but a sweeping
> allegation. Given that your focus seems to be on your own dismissal from a
> position, I have to suspect that "embezzlement" claim is just a nasty shot
> in the dark. Or have I missed something concrete?
> 
No.  And I already dealt with this.  Stay more in tune with the
discussion.

I did not accuse anyone of embezzlement.  I compared the situation with
suing a board member for embezzlement to make the point that the issue is
the misconduct, not the disruption resulting from making the charge.

Rich

> JM
> 
> -----Original Message-----
> From: Rich Littleton [mailto:be718 at scn.org]
> Sent: Monday, June 26, 2000 12:33 PM
> To: Steve
> Cc: scn at scn.org
> Subject: RE: SCN: Put up or shut up.
> 
> 
> Steve,
> Good summary.  See my comment inside your text.
> 
> Rich
> 
> ______________________________________________________________________
> 
> 
> On Sun, 25 Jun 2000, Steve wrote:
> 
> > > After you read this, tell us your understanding of what this means.
> > 
> > At first glance, it looks like the indemnification provisions contained 
> > in the Articles of Incorporation are in conflict with those in the 
> > Bylaws.
> > 
> I don't see a conflict.  The articles are more inclusive and complete.
> The By Laws merely make a general policy.
> 
> > But references in the Articles to intentional misconduct, 
> > recklessness, and gross negligence (the standards for which are far 
> > more rigorous than a simple violation of SCNA procedures), 
> 
> Actually, that is not correct.  The definitions do not depend on the
> "heaviness" or gravity of the offense.  Intentional misconduct,
> recklessness, and gross negligence measure the intentionality involved --
> as opposed to truly accidental events, such as misplacing a file or
> forgetting a deadline.  One can be very intentional about violating a
> major or a minor rule or process. 
> 
> However, in this case, the violation was serious because it resulted in a
> wrongful and public dismissal.  And because it was done by officers and by
> the very ones in charge of upholding the rules.
> 
> > generally mean as adjudicated. If found guilty, the offender would 
> > likely be prohibited as a matter of public policy from receiving 
> > indemnification.  Which is pretty much the same thing as the Bylaws 
> > provision.
> 
> I concur.
> 
> Rich
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