Hi Stuart,
Thanks for your long and informative email!
It
seems that my issues are different from yours, but that we're
experiencing
the same kind of "handling". I'll try and give you a
quick
run-down.
I've been flying since 1989 (hang gliding) and about 1992
(para), and
paramotoring since about 1997, and hangmotoring for the last 3 or
4
years too. I'm on the board of "The Pico", co-founded the CCSS
club,
and did much of the recent work representing our interests to
CASA
regarding part 103.
Late last year, while listening to the club
members complain about
"loosing sites", I thought "Why doesn't anyone ever
*do* something
about this" - so I set out to try and "make a positive
difference".
I discovered that the NSW-Parks "ban" on flying seemed to
have been
put in place wrongly (NSW parks are supposed only to be allowed
to
write laws that compliment the "enabling legislation" and it's
intent;
which is to "foster enjoyment of national parks".) I proposed
to the
HGFA that we investigate the repeal of the ban. It was good
timing,
because all NSW legislation is automatically repealed every 7
years,
and it was currently the 7th anniversary of the
legislation.
Chris Fogg (GM) blocked my idea. Remember - I wasn't
proposing to
submit anything - just to *investigate* if the ban had any
chance of
being lifted by repeal, and if so - what's a good way to request
it.
The GM told me that there's no need to repeal anything, because
NSW
parks have a "Hang Gliding policy". So - I read the policy.
It says
we're allowed to fly, if we have consent. So - I asked to see
a
consent. The GM refused. I reminded him that, under 8.12 of
our
constitution, he's not allowed to refuse to let me see
documentation.
He refused again anyhow. Next - I did some research
about consents; I
discovered that when the new "ban" law came in, NSW pilots
were
granted "interim consents" for all their existing sites - to give
them
time to get official consents put in place. I then discovered
that
all these interim consents expired in October 2007. To cut a
long
story short - depending on the phase of the moon when you ask the
GM,
we either "do" have consents, or we "don't need" consents, or
any
number of increasingly implausible explanations are given
(eg:
friendships with park rangers, old letters from rangers, or
historical
"arrangements" etc). In other words - NSW law says we need a
consent
with an "SMP" (site management plan), and an "REF" (review
of
environment factors), for every site in any NSW park that HGFA
members
want to fly in (or over*). The HGFA has none.
* Yes -
NSW Parks legislation covers park airspace too. I don't
believe NSW
parks have jurisdiction over airspace, but nevertheless,
their laws are
written to include it.
* "NSW Parks" includes historic sites, state
conservation areas,
regional parks, nature/conservation reserves, Aboriginal
areas, crown
lands, and other public/government areas, including all roads
and
waters within.
Next - it occurred to me that anyone flying
illegally, would be doing
so without insurance - because our insurance
probably excludes all
illegal activity. So - to confirm my suspicion, I
asked to see our
insurance policy. The GM refused. I asked again
- he refused again.
I asked 10 more times, and he refused every time - giving
numerous
different excuses for not letting me see it. Eventually - on
the 11th
request, he said it was "Confidential Information", so I could
only
see it if I signed a perpetual gag order that - among other things
-
forbids me from ever discussing anything about insurance ever again
-
including my opinions etc - to anyone. I said he has no right
to
impose gag orders, and said I'd get it from Vero or a board member
if
he doesn't give it to me. He still refused, so I also asked
every
board member, and I phoned up Vero. I was told by Vero that the
GM
had instructed them not to release our insurance policy to
any
members. All of the board members also refused (or had been told
not
to give it to me - I'd have to check my records on this
one).
Today (many months after the 1st phone call) - I phoned up Vero
again.
They told me that there is no confidentiality agreement or any
other
intellectual-property documents or non-disclosure
conditions
preventing members from seeing insurance documents. Armed
with that
knowledge, I called our broker, who happily confirmed the same,
and
sent me a copy of the insurance. In other words - the GM's
refusal
was unjustified, and his extraordinary activities taken to block
me
from seeing our insurance have no legitimate explanation.
Back in
March, when all the consent research was going on, many things
were said by
the board and GM about the consent issue that were not
true. More requests of
mine for information were refused, and every
time they said something that
"undermined" my research, they were
unable to prove anything, or refused to
check or supply any evidence.
Many board members started making personal
attacks against me, and the
GM published a "character assassination" of me,
saying such silly
things like "Chris Drake regularly engages in illegal
paramotoring in
NSW parks" (not true of course). Ironically - the GM
persuaded the
board to place a "gag order" on me at this point - I am
currently
forbidden to question, oppose, or challenge anything that the GM
says
or does, and I'm forbidden to express disapproval of any HGFA
staff...
otherwise I'll get expelled. Javier went 1 step further, and
refused
to guarantee impartiality of disciplinary tribunals - saying that
the
board will choose whoever they deem appropriate.
On April 1st
(ironically) - I'd had enough, and I filed an official set
of member motions
under constitution (#7.15). They're attached for
your amusement.
I called for action on the consents issue, for a halt
to the HGFA's constant
refusal to provide documents when requested,
for publication of meeting
minutes/agendas and our insurance, for the
GM to explain his actions
regarding a pile of his indiscretions, and
to start keeping verifiable
records of what he's up to, for board
members who refuse to obey the
constitution to be automatically
dismissed from their office, and for the GM
to be replaced. Not
surprisingly - none of them were happy about
this.
The secretary - who originally agreed to present the motions,
decided
that "Member motions can only be heard at the AGM" - and refused
to
let them be voted on at the next committee meeting. I challenged
the
refusal, and requested meeting agendas and minutes, from him and
all
the board. Everyone refused - some even were so incensed with
rage
that I'd asked for the meeting agenda - that they broadcast
open
threats against me to all board members.
Time passed, then I
wrote a letter to Suzy for inclusion in our
magazine - it read
thusly:-
-------------------------------------
Your
HGFA!
Love or hate it - we're all in the HGFA, and one time each year,
we
get the chance to make a difference - at the AGM. To propose a
motion
for all members to decide on, simply phrase it as a "yes/no" vote,
get
another member to second your motion, and send it to the
HGFA
secretary. All motions are published in time for everyone
to
postal-vote before the next AGM - in October. I sent mine in
April,
so look for your ballot in the coming months. For more info,
check
our constitution items 7.15, 7.16, 7.36, 7.1, 7.37, and
8.12.
-------------------------------------
The GM censored this,
and told Suzy not to print it. Later, I
received an email from the
secretary alleging that "legal opinion" had
been sought, and he listed about
a dozen amusing reasons why he
thought he had a right to not allow my motions
to go before the AGM.
I made a series of phone calls to the secretary and
president (Javier)
about this. They both suspiciously refused to tell
me who provided
the legal advice, and both refused to say who gave the
"report" to
Paul, which he quoted as the reason for refusing my
motions. Javier
said the report was based on "expensive legal opinion",
but admitted
he'd never seen a bill for it. Paul said "I don't know"
when I asked
him if this "expensive advice" was oral or written.
Several people in
the HGFA tell me that this "report" was written by the GM
himself. A
disturbing number of people point-blank refuse to tell me
who wrote
it. Javier accidentally told me that the GM did *not* write
it, so I
know now for sure that at least some of the Board are
actively
deceiving me about this report. Javier also refused to give me
any
evidence to back up his claims about the legality of the opinion
in
the report, and he in fact told me that if I want any evidence -
I
should take it to a lawyer to verify it.
I later spoke at length
with the Treasurer - and he confirms that he's
never paid any lawyers
recently, and never seen any financial records
relating to legal
expenses.
I got *my* lawyers report back a few days ago (at
considerable
personal expense) - the HGFA's "report" is completely illegal;
all the
claims and requirements in it are unjustified, and there's no
chance
that anyone who knows anything about law had anything to do
with
writing it. In other words - if I believe the people I've spoken
to
today who said the GM wrote this report - it seems he did so with
the
express intent of peddling bogus advice in order to subvert
our
constitution, and prevent a vote taking place regarding his
own
replacement.
Some other recent things have made me quite unhappy
too.
1. The HGFA spent ~$3000 sending us all us all a personal
letter
(instead of just sticking the info in our magazine) -
telling us
they're doing everything possible to save
money. They then said
they're putting up our fees, because
of CPI and other excuses.
The April board minutes document
the reason for the fee increase:
Insurance premium shortfalls
meant more money was needed, and board
members decided that the
only way to get the money was raise
membership
fees.
Basically - because the HGFA is allowed to pay
premiums quarterly,
instead of all at once, they seemed to think
that they're allowed
to spend our insurance money on other
things - so they're now $200K
"in the red", and quite possibly -
we are all now flying uninsured
(if the HGFA can't produce the
missing $200K in the face of a
claim; our insurance is
void).
2. HGFA "Expenses" look to me completely out-of-control.
$25,000 just
to move a small office to the other side of
town? Even the
original $25,000 to move to Melbourne in
the 1st place sounds
bogus; the "office", according to someone
who saw it at Hallidays,
would have fitted into a box
trailer. How does it cost $25K to
move just
that?
$10,000 to set up something like PayPal to accept
online payments?
If they'd asked me or any of the dozens of
clubs who do this
already, they'd get it for
free!
$30,000 for "Office Projects" - WTF?? There's
only 3000 members in
our club - nothing sensible could ever cost
that much - and again -
many clubs already do all this for their
own members - if the HGFA
asked, someone could provide it for
free for sure.
$5000 to scan or re-type 30 forms and put
them on the web? Why
isn't this the job of the staff or GM
who's wages we're already
paying?
$20,000 to
re-write the Ops Manual? Who exactly would get that
money? I offered to help write it when I was doing the
part-103
work last year, and I know at least a dozen other
members who'd be
happy to work on this for free.
$72,000 for rent ($1200/mo)? Well - if "personality
conflicts"
between the GM and HGFA staff and suppliers didn't
keep getting us
kicked out all the time - we'd still be in
rent-free offices, with
countless tens of thousands in
unnecessary extra moving expenses
better
off.
In short - I don't see any evidence that anyone in the
HGFA is
being responsible with our money. Not with
insurance. Not with
budgets. Not with
expenses. They're not even letting anyone see
any records
(I was told - when I questioned why my requests for
this are
being ignored - that the board has agreed not to answer
my
emails. Others in QLD, were told "sure - we'll show you,
but
only if you come here to the Melbourne
office")
3. The SARSIG "matrix" and later "model options"
etc - I was amused at
the 3 options we were given for payment
models: It was my opinion
that the GM selected an "option"
he wanted, then invented a couple
of other ridiculous options,
put all 3 up and made us "choose".
Not surprisingly, the option
he wanted got "selected".
4. HGFA Record keeping. Not much of what
really happens at meetings
gets into the minutes (if they keep
any minutes at all - Paul told
me he was "too busy" to keep
minutes for a large number of meetings
I've asked him
about). Most of the board think that meetings are
confidential, and no members should know what goes on anyhow,
and
they seem to think that it's OK to omit whatever they want
from the
minutes.
5. Board understanding of their
responsibilities and member rights is
lacking. Javier
tells me that HGFA business is typically conducted
at meetings
by the GM telling everyone what to do. I don't think
the
board understand that they're supposed to tell the GM what to
do; not the other way around!
I found out today that two more board
members have resigned. Caroline
Dennis and Rick Williams recently (and
Andrew Polidano on Day 1). I'm
glad to see that some people refuse to
be involved in what's going on,
but dismayed that they're bailing out instead
of facing their
responsibilities or fixing the problems.
---
I
think a national (not moderated by any HGFA officials!) forum is a
great
idea. Quite a few members get openly hostile when politics
distract
from their "flying" forum posts, and there appear to be a
massive number of
other questionable things going on in the HGFA, but
each "victim" doesn't
seem to know all the others even exist. Other
angry clubs around here
include Canungra and Northern rivers. There
seem to be a fair number of
people saying they'll quit the HGFA if
there's a fee rise. I'll spend
some time looking into other club
forums around the place, and try and send
you a list.
I recommend you read these bits of our constitution:
7.15, 7.16,
7.36, 7.1, 7.37, and 8.12. There's still time to submit
motions to
the Secretary, which every HGFA member will then get in time to
vote
before the AGM on September 29th.
Kind Regards,
Chris
Drake
Monday, August 18, 2008, 4:25:13 PM, you
wrote:
SMca> Hi Chris,
SMca> Yes there were and still are
some very unhappy people in SA.
SMca> There is a long history leading
up to this, but it came to a head over
SMca> recent issues, primarily
centred around that last regional funding group
SMca> vote. Most people
just complained to themselves until then, but it
SMca> pushed a few too
many buttons.
SMca> Button 1 was :
SMca> Basically
from history that dates from long ago (~20 years), at the time
SMca> I
remember this happening even though I was a new member, (probably
SMca>
because I was new). Anyway at the time SAHGA members complained
about
SMca> having to post off two memberships, (the easy path often
bites) and they
SMca> asked SAHGA to go to HGFA to get an arrangement so
they could collect
SMca> the funds and pass it back to SAHGA. A practical
simple system, that got
SMca> put in place i.e. state fees collected as
members paid and quarterly
SMca> cheques sent back to SAHGA. And at the
time payment of the state fee was
SMca> voted on to be acceptance as
membership of SAHGA.
SMca> Worked good for 20 odd years BUT
(can I write that but any bigger) time
SMca> passed agreements were
forgotten, or lost, or never formally documented
SMca> between SAHGA and
HGFA.
SMca> So SAHGA members continued to pay and believe that
the state fees, which
SMca> were set by SAHGA and SAHGA members to cover
SA costs and liabilities
SMca> was theirs. HGFA became to believe
that the money was always theirs and
SMca> it was a donation to the states
as shown by the yearly transfers. As
SMca> you can guess a unified
fee that may or may not be return the SAHGA
SMca> component depending on
if HGFA decides, made the members upset.
>>From HGFA side of things
the arguments were varied as to why this must
SMca> be. They include
about 10 years ago HGFA changed from Federation to
SMca> Organization and
from that point it was illegal to collect fees on
SMca> another
organisations behalf, unless GST was paid (also includes that we
SMca>
have no members now). HGFA was worried about dwindling
membership
SMca> especially micro-lights and they took the complaints of
some of the pico
SMca> pilots and some micro-light pilots and concluded
that because the money
SMca> was theirs it was their responsibility to
provide a better distribution
SMca> system. This all lead to button 2
SMca> Button 2 was how things were managed.
>>From
the SAHGA members perspective what appeared to happen was. The
SMca> board
called a special meeting to discuss this, this info was to go back
SMca>
to the states, so it could be discussed, and then discussion taken
back
SMca> to board and then voted on. What appeared to happen was
that the
SMca> discussions coming back were decided on as being the
consultation and
SMca> the changes accepted as passed. This
made the members squeal about
SMca> dictator ships.
SMca> Now HGFA saw this as something that urgently requiring fixing,
because
SMca> it was a long standing problem, and that is probably what
drove the old
SMca> board to push it through in such a manner. Also
things were complicated
SMca> in this process because boards changed, but
the anger and decisions did
SMca> not. To get newly in office and be faced
with a barrage of criticism may
SMca> have been a bit much for the new
board.
SMca> I believe that in this process there were
many diversions, but basically
SMca> SA members felt that due consultation
had not happened, that the
SMca> arguments weren't being heard, that
questions were not answered.
SMca> The board felt that all this had
been discussed and was done and that
SMca> it was a long standing problem
that needed to be fixed, so why are they
SMca> squealing anyway.
SMca> And like a bad marriage, even though the words were being exchanged
the
SMca> discussion became less, people became more entrenched and
embittered and
SMca> before long things were being said that people
probably would not
SMca> normally say. Basically it is a very human
trait that when we are not
SMca> heard we shout louder.
SMca> Regretfully all this has left a bad taste in a more than a few
mouths on
SMca> both sides of the trenches.
SMca> After
the last vote, the outcome of which surprised me, but the
SMca> subsequent
consequences of that vote did not.
SMca> But because of that
outcome, we now must operate in the new regime.
SMca> Specifically for
SA, HGFA has stated that they have paid the monies for
SMca> many years so
why would they stop paying us, and if the states do the
SMca> appropriate
justification, there should be no problem, and may this
SMca> would even
allow us small states to punch above our weight.
SMca> I personally
will continue to have qualms about the fundamental problem
SMca> of having
the monies in one organization and the liabilities in another,
SMca> but
are willing to try it. Some members are not so willing.
SMca> Anyway I believe the board is now thinking like a person under
siege,
SMca> and that the members are thinking like terrorists. The
real answer is
SMca> to put the problems out there and have some serious
and meaningful
SMca> debate about the many possible solutions. I
don't think that this
SMca> happened previously or is happening well now.
Both sides have improved
SMca> but we are still a long way from a good
place.
SMca> I think if the issues had been discussed out in
the open over a longer
SMca> period things would have been better.
Both sides could have done better
SMca> at this. Currently there is
some dialog that is happening with HGFA
SMca> with some members, and some
of the reasons for decisions are coming back
SMca> to us, a basis to build
on. but I think it needs to be more open for all
SMca> HGFA members to
read and understand, to help stop problems building
SMca> before they
happen. Time will tell all.
SMca> You
may want to contact woody
SMca>
rob_wo...@ultimatepositioning.com
- he
SMca> has had longer time connections to the board and may be able
to
SMca> enlighten you further.
SMca> Specifically to you
point about the motion. The motion at the board was
SMca> relating
to a letter from Paul, In the height of these debates Paul was
SMca> told
that the letter would not be tabled unless through SAHGA. Pauls
SMca>
words were strong, but typical and indicative of the feelings and
SMca>
emotions of the local members about the matters, and although we did
not
SMca> agree with the way it was written it was endorsed so it could at
least
SMca> be a voice that was heard. In hindsight not one of my
better decisions,
SMca> but one that was probably also driven by
frustration that debate at the
SMca> time had well and truly stalled in
the quagmires, that the time left to
SMca> debate before things changed
was disappearing, and the doubt that maybe
SMca> I was taking the wrong
approach and debating with the fireman while Rome
SMca> burned. For
better or worse it happened. Maybe it was Pauls way that
SMca>
finally got a vote going.
SMca> And yes I believe, the board has a
reasonable expectation not to be
SMca> personally abused and respond in
the way they did, but also I think they
SMca> have a responsibility to
answer questions in a way accessible to members
SMca> which is open to
debate.
SMca> Anyway Paul's email is
pske...@bigpond.net.au in this regard
you will
SMca> find him a reasonable but frustrated individual.
SMca> You may also want to contact Sun Nickerson,
sun.ni...@gmail.com in
SMca>
WA he is also an independent thinker that has a successful dialogue
SMca>
going with HGFA at the moment, a dialog that I feel is helping
things
SMca> get better.
SMca> To your point about insurance,
from my dialog with HGFA I thought that
SMca> the money was needed to
cover a call back on premiums in case of a claim
SMca> and that the
current insurer (which is I gather the cheaper insurer) has
SMca> part of
this as their requirements. I will see if I can find that
SMca>
documented some where. This is really where we need open
debates.
SMca> Yes I think the increased fees will make things worse
not better,
SMca> especially if HGFA can not impart why this is need to
its members.
SMca> I would be keen to keep a track of what other
people are thinking,
SMca> something I think we needed before. Can I
access your forums somehow,
SMca> currently our SA abroad person sends
some info to our forum
SMca>
sa...@googlegroups.com which is open to
be read, become a member to post.
SMca> There is also a
sa...@googlegroups.com but that is closed
so you will
SMca> have to become a member to read contact Peter Allen
pgp...@gmail.com for
SMca> this.
SMca> I have thought about starting a national forum in a similar
vein - I
SMca> think its something we need
SMca>
Stuart
SMca> -----Original Message-----
SMca> From:
Chris Drake [mailto:
chris...@pobox.com]
SMca> Sent: Friday, 15 August
2008 10:37
SMca> To: McClure, Stuart (CLW, Urrbrae)
SMca> Subject:
hgfa criticism
SMca> Hi Stuart,
SMca> I notice in the latest
meeting minutes that more people besides myself
SMca> are being threatened
with expulsion for trying to discuss possible
SMca> HGFA
mismanagement!
SMca> Is there some history or info I can get about
what's going on over
SMca> there?
SMca> The main issue with me
is that I put forward a member motion to have
SMca> the GM replaced, but
the board are colluding to prevent my motion from
SMca> going to a vote at
the AGM - so I've engaged lawyers now.
SMca> The second big issue is
the current fee situation: the HGFA spent our
SMca> insurance premiums on
other stuff, so they're now $200K short in
SMca> funds, but they chose to
blame "CPI" instead of the real reason when
SMca> justifying their fee
hike. There's hundreds of angry people on
SMca> east-coast forums
currently getting together to work out how to handle
SMca>
this.
SMca> Kind Regards,
SMca> Chris Drake
SMca> May
minutes:
SMca> 5. ABUSE COMING FROM SOUTH AUSTRALIA
(SAHGA):
SMca> The use of abusive and totally inappropriate language
in emails coming
SMca> from the SAHGA people and also on their forums is
unacceptable and
SMca> will not be tolerated. The Board will not respond
to anyone who
SMca> behaves in this way and any continuation of such abuse
or language
SMca> directed at either Board members or the General Manager
will be
SMca> considered as acting in a manner prejudicial to the
interests of the
SMca> Federation and disciplinary action will be taken
under Section 5.2 of
SMca> the Constitution.
SMca> April
minutes:
SMca> 10. CHRIS DRAKE ISSUES:
SMca> Motion
08-05:
SMca> WRITTEN RESPONSE TO CHRIS DRAKE:
SMca> 4. Any
further statements impugning the GM or his handling of
this
SMca> matter will be considered as acting in
a manner prejudicial to the
SMca> interests of the
Federation (Constitution: 5.2)
SMca>
CARRIED.