SCN: Put up or shut up.

[Rich Littleton]

Thanks, Ken.  You've done good researcdh and cme up with my very
positions.

Gross Negligence (from your didctiionary)

 and by a failure to exercise even the slightest care in protecting them
from it and that is sometimes associated with conscious and willful
indifference to their rights (see also recklessness)

Had you been reading carefully, you'd see that this is precisely what I
have been complaining about.

Later,

Rich
______________________________________________________________________


On Mon, 26 Jun 2000, Kenneth Crandall wrote:

> Hi all,
> 
> Legal terms can be tricky.  It is nice to know Rich's interpretation of
> intentional misconduct, recklessness, and gross negligence but I have
> decided it would be useful to go to the Internet and get the definitions
> from a legal dictionary.  I have included them just below Rich's
> interpretation in response to Steve's note.  I hope this will add an
> outsiders perspective since the legal dictionary is not involved in this
> issue but Rich is.
> 
> 						Kenneth Crandall
> 
> -----Original Message-----
> From: owner-scn at scn.org [mailto:owner-scn at scn.org]On Behalf Of Rich
> Littleton
> 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.
> 
> Note: the following definitions are from a legal dictionary available on the
> web at http://dictionary.findlaw.com/
> negligence
> ['ne-gli-jens] : failure to exercise the degree of care expected of a person
> of ordinary prudence in like circumstances in protecting others from a
> foreseeable and unreasonable risk of harm in a particular situation also :
> conduct that reflects this failure (called also ordinary negligence, simple
> negligence) (compare abuse § 2 due care intent) Note: Negligence may render
> one civilly and sometimes criminally liable for resulting injuries.  gross
> negligence : negligence that is marked by conduct that presents an
> unreasonably high degree of risk to others and by a failure to exercise even
> the slightest care in protecting them from it and that is sometimes
> associated with conscious and willful indifference to their rights (see also
> recklessness) (compare criminal negligence in this entry)
> 
> 
> misconduct
> [mis-'kän-dekt] : intentional or wanton wrongful but usu. not criminal
> behavior: as a: deliberate or wanton violation of standards of conduct by a
> government official b: wrongful behavior (as adultery) by a spouse that
> leads to the dissolution of the marriage c: an attorney's violation of the
> standards set for professional conduct also : an attorney's and esp. a
> prosecutor's use of deceptive or reprehensible methods in presenting a case
> to a jury d: impermissible behavior by a juror (as communicating about the
> case with outsiders, witnesses, or others, reading or hearing news reports
> about the case, or independently introducing evidence to other jurors) e: an
> employee's deliberate or wanton disregard of an employer's interests or
> disregard or violation of the employer's standards or rules that is
> sufficient to justify a denial of unemployment compensation
> 
> recklessness
> : the quality or state of being reckless also : reckless conduct (compare
> negligence) Note: Recklessness may be the basis for civil and often criminal
> liability. Unlike negligence it requires conscious disregard of risk to
> others.
> 
> Further comments by Ken:  Even the words used to define these terms are
> subject to further definition by legal precedent (such as "deliberate or
> wanton violation of standards of conduct by a government official").  What
> are the standards?  What applies to a non-governmental official?  A lawyer
> needs to be able to cite the legal precedents that apply.  We non-lawyers
> can only guess at what we would believe to be correct.  At the limit, a jury
> must decide.
> 
> 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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