Goichberg vulnerable on the Transcripts Issue
samsloan
Francisco Federal Court in USCF vs. Polgar. The counterclaim is
downloadable from PACER at:
https://ecf.cand.uscourts.gov/doc1/03515694419
I think that the USCF can win on most issues. However, on one issue
where is it weak, perhaps fatally weak, it the issue of the recordings
of meetings and transcripts.
In the four years that Bill Goichberg has been USCF President, not one
transcript has ever been made of a board meeting, and transcripts are
required by the by-laws,
When I was on the board, I complained about this at every board
meeting from the first to the last. I was especially concerned that
Bill Goichberg often made statements either at these meetings or about
these meetings that were just not true. Simply stated, Goichberg lies
all the time.
Just one example: Goichberg often publicly ridicules me for making the
statement that all financial records from before the move to
Crossville have been lost or destroyed.
However, when I make that statement I am directly quoting Bill Hall
who said that several times during the board meeting on August 14,
2006. If a transcript were produced of that meeting I would be able to
prove that my statement was true and therefore Goichberg's was false.
This is the reason I have complained repeatedly about the lack of
transcripts.
Now, Susan Polgar is making a big issue about the lack of transcripts
and recordings of the meetings. The by-laws required not only
transcripts but that video and audio recordings of the board meetings
be distributed to the members of the board. This has never been done
in the entire four years that Goichberg has been president. Again, I
complained about this to no avail.
I believe that there is considerable danger that Goichberg and the
USCF could lose the Polgar case simply because of the failure to
produce the required recordings and transcripts.
The reckless behavior of Bill Goichberg in failing to make transcripts
and to preserve and distribute audio recordings to the board members
could lead to the loss of this case and the downfall of the USCF.
Here are the allegations on page 13 of the Polgar counterclaim in this
regard:
G. Taking of meeting minutes and recordings of all meetings is
required; and dissemination of all minutes and recordings to all Board
members mandated
"The minutes of the Executive Board shall be sent to all USCF
delegates [Ms. Polgar, as an Executive Board Member, is a delegate]
and Alternate Delegates, and posted on the USCF's Internet web site,
within six weeks of the meeting.. . All meetings of the Executive
Board, including conference calls, shall be recorded in their entirety
with a clear, permanent record by a means determined by the Executive
Board. All Executive Board members shall receive copies of any audio
tapes or video tapes within two weeks of those meetings." (emphases
added)
Bylaws at Art. VI, section 3
H. Transcripts of all open session Executive Board meetings must be
made available on the USCF website, and must include all open session
activity
"The transcript of all Open session meetings are to be posted on the
USCF website as soon as practical so that anyone who has any questions
can access the basic documentation for all motions and can access Open
session discussions that are not likely to be in the published
minutes ... the transcripts will be sufficient to document all
motions."
Bylaws, Delegate Actions, at 31(3)-(4)
1. All motions made in closed sessions must be voted on in open
sessions; If a vote is not recorded in the open session transcript the
vote is invalid
"Since any motions made in Closed session must be voted in Open
session as well, the Open session transcripts will be sufficient to
document all motions.. .No motions are to be voted on the absence of
the stenographer. If it is not on the Open session transcripts it did
not happen!"
Bylaws, Delegate Actions, at 31(3)-(4)
jkh001
samsloan wrote:
> I have just been reviewing Susan Polgar's counterclaim filed in San
> Francisco Federal Court in USCF vs. Polgar. The counterclaim is
> downloadable from PACER at:
>
> https://ecf.cand.uscourts.gov/doc1/03515694419
>
> I think that the USCF can win on most issues. However, on one issue
> where is it weak, perhaps fatally weak, it the issue of the recordings
> of meetings and transcripts.
>
> In the four years that Bill Goichberg has been USCF President, not one
> transcript has ever been made of a board meeting, and transcripts are
> required by the by-laws,
False. Recordings of several meetings are posted on the USCF web site.
Not all, certainly.
> Now, Susan Polgar is making a big issue about the lack of transcripts
> and recordings of the meetings. The by-laws required not only
> transcripts but that video and audio recordings of the board meetings
> be distributed to the members of the board. This has never been done
> in the entire four years that Goichberg has been president. Again, I
> complained about this to no avail.
Partly false. There's nothing about video in the Bylaws, and the
minutes are eventually posted.
> "The minutes of the Executive Board shall be sent to all USCF
> delegates [Ms. Polgar, as an Executive Board Member, is a delegate]
> and Alternate Delegates, and posted on the USCF's Internet web site,
> within six weeks of the meeting.. . All meetings of the Executive
> Board, including conference calls, shall be recorded in their entirety
> with a clear, permanent record by a means determined by the Executive
> Board. All Executive Board members shall receive copies of any audio
> tapes or video tapes within two weeks of those meetings." (emphases
> added)
Distortion by Polgar. This isn't a Bylaw, it's a "Delegate Action of
Continuing Interest." (It's also a dead letter, as are quite a few
other DACIs.) I think it's a lot more likely a judge would tell the
USCF to go back to the Delegates and settle this internally. The best
way would be to delete all that garbage about transcripts and
recordings, but I'm afraid the Delegates in Indianapolis may be too
busy to do anything that sensible.
samsloan
making their own recordings, such as Terry Vibbert. Later they were
able to get their audios posted on the USCF Home page. However, these
were entirely unofficial.
The best way now would be for Bill Goichberg to go back and have all
the transcripts made. However, he is unlikely to do that as the
transcripts would reveal the falsehoods he has been telling all along.
Sam Sloan
samsloan
> The USCF Bylaws do not require transcripts. That requirement was costing
> the federation $17,000 per year before it was abolished by the Board of
> Delegates at Cherry Hill 2002. We have since saved over $100,000 as a
> result of that delegate motion.
>
> Bill Goichberg
Right. Goichberg "saved" $17,000 per year by not having the
transcripts made and now we are in danger of losing a $25 million
lawsuit because of Goichberg's failure to produce the transcripts.
What is your excuse for not providing copies of the audio tapes to the
board members, as required by the by-laws? That would have cost very
little, almost nothing.
Innumerable disputes have arisen as a result of not having the audio
tapes made available. Myron Lieberman recorded the meetings but the
executive director refused to distribute the tapes to the board
members thereby causing innumerable conflicts.
--
Sincerely,
Sam Sloan
917-507-7226
http://www.SamsOwnBooks.com/shop.aspx
jkh001
Dumbest comment I've seen from you in a while, and that's saying
something. Transcripts are made by a stenographer at the time. Making
a transcript of past meetings now would be a work of fiction. Give it
up, Sam. You're not going to find any support for your fantasies and
hallucinations. The minutes are all available, and they prove that you
were a dumbass and a waste of space during your misbegotten year on
the Board. What more do we need?
samsloan
Not true. All the meetings were video recorded by Myron Lieberman. Now
it just takes somebody to type them.
Sam Sloan
jkh001
1) Got any proof of that, or is it just another delusion? My
recollection is that the Liebermans tried a couple of times but
couldn't get it to work very well. That's why you proposed wasting a
couple of grand on a video cam while you were on the Board. Of course,
by that time everyone else would have voted "no" if you had moved that
the sun rises in the east.
2) It turns out that the "transcript" language quoted by Polgar is
obsolete. As Tom Martinak pointed out, DACI-31 was abolished in 2002,
but the producers of the Delegates' Call never got around to removing
it.
samsloan
Yes. I have proof of that.
When I was on the board they video taped every board meeting.
Their video camera was old and produced poor quality tapes but they
were still useful for producing the minutes.
It is true that I wanted to buy a better broadcast quality camera that
would have cost about $2500.
Sam Sloan
jkh001
So, they're of "poor quality," but you want someone to type up a
transcript from them, which you will use to support your "He called me
a name!" piffle. The Sloon honks again.
Vote sanity. Pluck the Sloon's feathers.
samsloan
The one time there was a big enough conflict to demand a play of the
tape came during the November 2006 meeting of the board in Stamford
Connecticut.
The issue was whether we had voted and agreed to renew the contract
with Dan Lucas.
Bill Goichberg said that we had agreed. I said that we had not agreed
and in fact Dan Lucas had left the meeting early even though the USCF
had paid for his trip.
It was like pulling teeth but after a lot of grumbling and complaining
Bill Hall finally produced the tape.
The tape clearly showed that I was right and that we had never voted
or even discussed the matter.
This means that Jerry Hanken owes me $100 because Hanken had bet me
that I was wrong.
Of course, Hanken refused to pay the $100.
Sam Sloan