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Litigation is OVER ;-)

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Shane Thompson

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Sep 24, 1999, 3:00:00 AM9/24/99
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YEAH!

The litigation is over! Odyssey of the Mind IS on for the
1999-2000 year!!!! Yes, it WILL take place! It is still
non-for-profit. Bob Purifico is OUT of the picture. The
Micklus family IS in charge. Here are the problems (all
information can be foud at www.creative-competitions.com):


Synopses of the
1999-2000 Odyssey of the Mindâ„¢
Long-Term Problems


Elasti-Pumper (Divisions II, III, and IV)

Elasti-Pumper introduces a new and challenging power source
for the Odyssey of the Mind vehicle problem. The team will
design, build and drive a vehicle that is powered by
elastic materials and an up-and-down pumping motion caused
by the driver. The vehicle will travel a course and return
to its Start Area, where it will "pick up" a trailer. The
vehicle will then make three "changing" journeys, one to
each of three different areas, with trailer in tow. The
team will change the appearance of the areas, using
materials taken from the Elasti-Pumper and the trailer. The
vehicle will then embark on a final journey around the
entire course; but before doing so, it will experience a
visual transformation of its own. The team will incorporate
its Elasti-Pumper and the visual changes into an 8-minute
thematic presentation that may encompass any subject,
location, genre -- whatever! Cost limit: $100 USD.

Pest-aside (Divisions I, II, III, and IV)

Pesky animals are a constant annoyance to human life and
getting them out of our way is a constant challenge to
human creativity. In this technical/performance problem,
teams will devise contraptions that perform events to
ultimately catch or scare away a team-created pest. As can
be expected, the pest strikes back. In an 8-minute
performance, teams will present their version of the pest's
revenge, which includes an unusual twist where the revenge
is foiled and the humans prevail in the end. Cost limit:
$125 USD.

Classics . . .King Arthur (Divisions I, II, III, and IV)

For many generations, people from many cultures have been
fascinated by the legends of King Arthur. Although the
actual existence of King Arthur has been, and still is,
questioned by many, his legends continue to thrive. In this
problem teams will present one of the legends of King
Arthur and the Knights of the Round Table as popularly
described. Then they will use their imaginations to present
their idea of how that legend evolved had King Arthur never
existed. In an 8-minute performance, teams will include a
legendary character and an original, team-made tapestry,
coat of arms and flag. For an added challenge, the team
members will wear and support all materials they plan to
use in their presentation. Cost limit: $100 USD.

Shrinking Structure (Divisions I, II, III, and IV)

This Odyssey of the Mind structure problem requires the
team to design and build a structure of balsa wood and glue
that will hold as much weight as possible. However, there
is a catch: once some weight is supported by the structure,
the structure must "shrink" from a height of between 9½ -10
inches to a height of 8 - 8½ inches. The team will then
continue to place weights until the structure is declared
broken. The team will also present an 8-minute performance
that is thematically related to the "shrinking" structure.
Cost limit: $75 USD.


The Genie (Divisions I and II)

Imagine if magical Genies really did exist. Then, imagine
that one day you met one and it granted you three wishes.
It is hard to imagine what might happen if those wishes
backfired. Remember the saying, "Be careful of what you
wish for, because you just might get it?" Sometimes, what
you expect to be a good thing turns out to be not good at
all. Teams solving The Genie will present an 8-minute
humorous performance about a person who finds a Genie that
grants three wishes. However, nothing is as easy as it
sounds: the Genie places restrictions on the wishes, one
wish backfires and another unintentionally affects an
animal. Cost limit: $100 USD.

Make Believe Zoo (Primary problem suggested for Ages 8 and
Under)

Zoos are not only fun to visit but they are places where we
can learn a great deal about animals from faraway places.
Many zoos serve as sanctuaries for endangered animals.
Teams solving Make Believe Zoo will create five new animals
and a habitat that allows them to thrive, then, in an
8-minute performance, teach the audience about their
animals. Cost limit: $50 USD.

OMER has some good news:
All seven team members may perform in the presentation of
the long term solution!

We appreciate any comments you may have about the official
1999-2000 Odyssey of the Mind problems. Please e-mail us.

® OMER is a federally registered trademark of Creative
Competitions, Inc.
â„¢ Odyssey of the Mind is a trademark of Creative
Competitions, Inc.

**************************

For those of you signed up with Destination Imagination, it
isn't too late to switch! Remember, Destination Imagination
only exists because they said there WOULDN'T be an OM
program this year (a lie!). Notice, under the "message for
affiliates" that it mentions Project Phoenix, the Purifico
group that tried to destroy OM. Don't do Destination
Imagination. OM is back and better than EVER!!!! ;-)

Shane

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James K. Gruetzner

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Sep 27, 1999, 3:00:00 AM9/27/99
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There are some recent posts which have been quite misleading
concerning the litigation in New Jersey. I hope to forward some
factual information for those interested.

--------------
A settlement between OM Association, Inc. ("OMAI", the non-profit
organization which has run the OM/Odyssey of the Mind program since
the early '80s) and Creative Competitions, Inc. ("CCI", a family
business owned mainly by C.Samuel Micklus). This resolves much of the
litigation which has been affecting the two organizations. I do not
know if it affects litigation brought by any private individuals
against C.Samuel Micklus, OMAI, and CCI.

Under the terms of the agreement, each of these organizations may
run a creative problem solving competition this coming year. CCI may
use the name "Odyssey of the Mind" for its program. OMAI may use a
different name for its program (which has not been announced). In
addition, OMAI now becomes a membership organization--a significant
change from the past.

*Neither* organization may use the name "OM" for its program or for
anything dealing with their program. (There are two exceptions: OMAI
retains its name, "OM Association, Inc.", and CCI may retain the name
"OMER" for its cartoon raccoon, but without the "OM" on his shirt.)
Both organizations have six months to get rid of any items in stock
with the name OM on it.

-------
Neither program is "Odyssey of the Mind as we have known an loved
it", although CCI has been using that as an advertising slogan.

The CCI program is a business venture, and does not have the
corporate sponsorship or non-profit infrastructure of the old OM. It
has retained the price ($135), but has changed to an "all seven may
perform" policy. It has made several changes in its pricing
structure.

The details of the OMAI program are not known yet, but at the very
least it will not have the brand name and racoon mascot. Cost and
problem set are not certain. (See below: their web page is down.)

The third program, Destination ImagiNation ("DI", founded by a lot
of OM volunteers upset with all the litigation and with the lack of
membership control of OM) is presently up and running. It's cost is
$100 for the first membership. The problems (called "Challenges")
present novel and "out of the box" situations compared to previous OM
problems.

None are the same as the "old OM."

------
Since OMAI is now a "membership organization" rather than a
subsidiary of a small business concern, there is speculation that it
and DI will somehow collaborate and possibly even merge sometime in
the future. However, this is mere speculation, and should not be
counted on.

So, from zero programs three weeks ago to three today.

Different states and associations have made different decisions.
Some (e.g., Georgia, much of New York) have stated their intention to
buy problems from CCI under the name "Odyssey of the Mind." Some
(e.g., New York Region 18) have stated their intention to affiliate
with the OMAI program. Still others (e.g., Colorado, Michigan) have
affiliated with Destination ImagiNation. You should contact your
Regional or Association director to find out what has been done in
your area.

WEB INFORMATION:
The OMAI website coincidentally has had a problem with its ISP, and
is currently down. When back up (probably Monday), it can be accessed
at www.odyssey.org.
CCI has two domain names which it has bought, each leading to the
same site: www.odysseyofthemind.com and www.odysseyofthemind.org.
The Destination ImagiNation website is www.dini.org.
The VOMBO website (a creative problem solving) site is at
www.vombo.org.

------
FULL DISCLOSURE:
I am a parent volunteer coach/manager and coordinator at two
schools in New Mexico. I've followed the litigation since June 1998,
and extensively this past summer. I have coached Div.I OM since 1994,
and have had teams place from next to last to World Finalists.
New Mexico is one of the states which is using the Destination
ImagiNation program this year. The vote of the membership at our
annual meeting was unanimous. At the time of the vote, litigation was
still in process.
I am coaching teams at the Elementary and the Intermediate level.
My kids love the Challenges (problems) they have chosen.
I have tried to keep the information above factual and free from
bias. My sources include public notifications by OMAI, public
notifications by CCI, CCI workers (e.g., one of the Problem
Captains), members of Project Rumpelstiltskin, an OMAI board member,
people affiliated with DI (e.g., problem writers), friends of the
Micklus family, and numerous others.

---------
James K. Gruetzner <jkg...@unm.edu> | In faith and in science,
Creative Problem Solving Coordinator| All truth is God's truth.
Sombra del Monte Elementary School |
Madison Middle School |Team Mgr: Fruit Roller Coaster (E)
Albuquerque, New Mexico | nonLeaning Tower of Pasta (I)

Billy

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Sep 27, 1999, 3:00:00 AM9/27/99
to
Hmmmm, How did CCI change its pricing structure??
I still believe that CCI has the best problems and the most challenging.
My district is going to stay with Odyssey of the Mind.
Not the back stabbing, nail biting, power hungry OMAI/DI camp.
They have not proved their program is even going to last.
CCI created OM, OM is CCI.....

Bob

James K. Gruetzner <jkg...@unm.edu> wrote in message
news:37eecd3a...@newsserver.unm.edu...

Jake\

unread,
Sep 28, 1999, 3:00:00 AM9/28/99
to
Am I the only one who's confused???

Who runs what?

I miss OM....


Can anyone explain what's going on in simple terms?

Jake


Billy wrote in message ...

James K. Gruetzner

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Sep 28, 1999, 3:00:00 AM9/28/99
to
Bob <erw...@gte.net> wrote:

>Hmmmm, How did CCI change its pricing structure??

CCI has followed the lead of DI in offering a reduced rate for a
second membership. DI: $100 for the first, $75 for the second. CCI:
$135 for the first, $120 for the second. They also offer bulk-rate
discounts. See www.odysseyofthemind.com for more information.

>I still believe that CCI has the best problems and the most challenging.

I personally believe all of the problems and Challenges I've seen
are quite good and challenging. (Of course, I have my own
preferences, too, but that is mainly a matter of taste.)

Methinks the CCI problems will appeal to those who prefer a
familiar structure and method. The DI Challenges will appeal to those
who prefer something newer and outside-the-box. The OMAI problems (if
offered) are much closer to the CCI problems, but with a bit of
novelty thrown in. Any and all will be good for new teams.

>My district is going to stay with Odyssey of the Mind.

I wish you well. As noted before, our state has selected
Destination ImagiNation. My teams love their Challenges; I'm sure you
will like your problems.

>Not the back stabbing, nail biting, power hungry OMAI/DI camp.

I'd rather not be drawn into a name-calling contest--no doubt you
are much more experienced at it than I am--but it is interesting that
you label the people who want to spread the power among many, many
volunteers as "power hungry." It would seem more accurate to label
the one desiring to have total control the "power hungry" one.

It is also worth noting that the subject of greed is pertinent. I
have talked to many people who did not object a bit to C.Samuel
Micklus earning money from OM. They did question whether over
$400,000 net (do the math: $27/membership) for supplying nothing to
the program was a bit excessive, when they were volunteering hundreds
of hours at no pay. (Remember that this is not wages or salary: it
is a pure transfer of money.) When combined with the sole-right
concessions profit, we are easily talking over half a million dollars
annually. As I said, some people thought that was excessive. You may
think it fine, and that's OK with me. We each can come to our own
conclusions.

Note that, while these touched on the litigation, the subjects of
the litigation were different.

>They have not proved their program is even going to last.

Bob, we don't know if any of the programs will last. Each can be
financially viable. Not including World Finals, C.Samuel's profits
(i.e., net) are likely to be much less than previous years, but should
comfortably reach the six-figure level (not including any salary1).

If (as I hope happens) OMAI and DI collaborate or merge, then there
is little doubt that they will also be viable, although the start-up
costs will be high and they are charging less than CCI. CCI's
customers will benefit (as they have already) from the competition,
too, as CCI will continue to change to make their program more
desireable.


>CCI created OM, OM is CCI.....

To be more precise, the OM program was started by Ted Gourley and
C.Samuel Micklus, using an idea they got from Ted Lyon (I may have
that name wrong: I'm digging into memory here). (There was also
another gentleman involved in the founding, whose name escapes me now;
he is long since deceased.) Ted Gourley was maneuvered out in the
early '80s (another interesting story, perhaps about "power").

And, as pointed out by CCI, they are not OM, and will not use that
name. They have the use of the name "Odyssey of the Mind" and a
cartoon raccoon "OMER" (without the OM on his clothing). But there is
no more OM. It is very difficult to change the past.

----

I've tried to be reasonably accurate in what I've written. Much
of the above information has come from talking to people involved and
from reading various court documents. (A number of them can be
obtained at www.vombo.org.) I do have my biases, of course, but have
tried to keep them in check here.

Best wished for the coming year.

James

James K. Gruetzner <jkg...@unm.edu> | In faith and in science,
Creative Problem Solving Coordinator| All truth is God's truth.
Sombra del Monte Elementary School |

Madison Middle School |Mgr: Fruit Roller Coaster (E)

Shane Thompson

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Sep 28, 1999, 3:00:00 AM9/28/99
to
Mr. Gruetzner,

While I appreciate your information on the subject, I
do not think your bias for DI needs to be shown so much.
You claimed that you tried to keep it in check, however,
please do not ridicule CCI or Sam Micklus concerning
anything (money, history, etc....). You don't think Bob
Purifico made a hefty salary?

CCI made OM, and OM is CCI. That is 100% true. Don't
you find it funny how Bob Purifico's OMAI and Destination
Imagination merged SO quickly after the end of the
litigation. Fact: Bob Purifico was affiliated with Project
Phoenix (the group that started DI) for a long time. In
fact, this is more than likely the "parallel" organization
he wanted to create after he did away with OM through the
litigation (afterall, HE and some others were the ones that
started this mess). It just goes to show that Bob Purifico,
Destination Imagination, and the OMAI CANNOT be trusted.
Note how Destination Imagination says that its only reason
for existence is to provide for a creative problem solving
competition in case there wasn't one for the 1999-2000
year? Well, CCI is up and running. The OMAI isn't really on
the ball, instead, they're using DI as a crutch. However,
wouldn't DI have no purpose because there IS a creative
solving problem competition. You do the math. Don't let
Purifico, OMAI, and DI fool you!!!!

The CCI problems are MUCH, MUCH better than anything DI or
OMAI has to offer. DI's problems are challenging for
two-year old children, if even that. That's why they seem
"out of the box," they're out of the toy box. OMAI's
problems defeat the purpose of the problem categories that
we all know and love. Change would be okay if change wasn't
so ignorant. Stick with CCI's problems. They have always
been great!

I have been in this program for over a decade now. I have
also been on top of the litigation. CCI and Odyssey of the
Mind are back as they should be. PLEASE, stick with CCI.
They created Odyssey of the Mind, and they will continue it!

I don't mean to start an argument with anyone, least of all
Mr. Gruetzner, however, this is the cold hard truth. Bob
Purifico is a snake. DO NOT be fooled by this man, OMAI, or
DI.

James K. Gruetzner

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Sep 29, 1999, 3:00:00 AM9/29/99
to
IRT a previous post of mine, Shane Thompson
<Shane_103...@hotmail.com.invalid> wrote:

> While I appreciate your information on the subject, I
>do not think your bias for DI needs to be shown so much.

Thank you for your polite comment. Please note that I included
quite a disclosure in my earlier post, so that if any bias seeped
through, it would be more apparent. I do think that CCI has a lot of
good; I also think that DI has a better program.

However, most of what I had written was factual in nature. Note
that some of my sources included CCI people, including posts by Carole
Micklus, C. Samuel Micklus, and Sammy Micklus.

If you do find anything which I have stated to be false (not just
that you disagree with it or wish it weren't so), please let me know.
On other lists I have a reputation for correcting my errors; I would
do the same here.

>You claimed that you tried to keep it in check, however,
>please do not ridicule CCI or Sam Micklus concerning
>anything (money, history, etc....).

I apologize for any "ridicule" that appeared; that was not my
intention. While I do not know C.Samuel Micklus, I consider his son,
Sammy (president of CCI) to be a cyber-friend through a number of
conversations, even though we obviously disagree on some of these
matters.

> You don't think Bob Purifico made a hefty salary?

I daresay he made a reasonable salary (salary is payment for work
done). I have no objection to salary--and even to profit--which was
one reason I specifically differentiated between wages & salaries (pay
for services rendered) and pure profit (money received without work).

> CCI made OM, and OM is CCI. That is 100% true.

No, that is almost entirely false, Shane. Aside from the legal
quibble that CCI may not use "OM" (nor may OMAI, by the way), this
neglects the many, many people who made the former OM program what it
was. I am talking about the thousands of coaches, officials,
directors, coordinators, and helpers who volunteered time and effort
at no charge to present the program.

Your local tournament would not have existed without these
volunteers. While CCI (meaning most of its owners) contributed to OM,
so did these others. Their contribution should not be slighted.

> Don't you find it funny how Bob Purifico's OMAI and Destination
>Imagination merged SO quickly after the end of the litigation.

No, not at all. In fact, I am glad to see it happening. The DI
program was formed (in part) by OM people seeking greater membership
control of the creative problem solving program. That was one aspect
(of several) of the litigation. People seeking similar objectives
should often work together.

Remember, Shane, that there was an OM program on 1 July of this
year. A court injunction to halt the program was issued at the
request of Carole Micklus and CCI--not Bob Purifico. (See the judge's
ruling on 7 July on the www.vombo.org website.)

Several negotiated settlements were reached, but fell through. For
example, on the 14th of this month, a settlement was reached by all
parties and their attorneys, with the exception of Carole Micklus, who
informed her attorney that she would not settle. (My source is
someone present then, corroborated by Frank Reifsteck, the
court-appointed provisional director of OMAI.) She finally settled
this past Friday, after CCI had all preps in place for their program.


When DI began (four weeks ago), there was no OM and no CCI
program. DI now is in operation: kids are working on the DI
challenges. To ask for DI to close down is to screw over those kids.


> Fact: Bob Purifico was affiliated with Project Phoenix (the group that
> started DI) for a long time.

No, that is something that has been made up. The main project DI
people included Pat Schoonover (Wisconsin AD), Tom Mauro (FOM
chairman), and Faith Garriock (British Colombia AD). A number of
other people were involved--mainly association directors, WF
officials, International Problem Captains, and the like.

The only "affiliation" that Bob had was being friends with some of
these people. Some of these are (or, perhaps, were, given the state
of emotions nowadays) friends of the Micklus family, too.

>In fact, this is more than likely the "parallel" organization
>he wanted to create after he did away with OM through the
>litigation (afterall, HE and some others were the ones that
>started this mess).

Please do not say "in fact" when you mean "As some wild
speculation...."

The state court litigation did not seek doing away with OM; rather
is sought a ruling that (here I paraphrase) under New Jersey law, a
for-profit business could not operate a non-profit organization as a
marketing front for its products. Due to the settlement, this was
never ruled on. (As an aside, according to my attorney, in my state
it would be an illegal arrangement, although a trial court would need
to make a determination in each case.)

<snip>

Shane, I had to snip much of what you posted, because it got too
far out. I do not know where you have gotten your information, or if
you made it up. I do notice that you have not contradicted any
information which I posted as factual.

Note that I have done a lot of investigation into this matter over
the course of the last year or so. I started out last year as pretty
much a "CCI supporter." I have since come to the conclusion that the
CCI/OMAI relationship was improper. (IMHO, CCI could have made a few
changes which would have prevented the litigation, but for whatever
reason, did not do so.)


Now, as for your opinion on the DI challenges:

>The CCI problems are MUCH, MUCH better than anything DI or
>OMAI has to offer. DI's problems are challenging for
>two-year old children, if even that. That's why they seem
>"out of the box," they're out of the toy box.

<remainder of screed snipped>

Shane, I have an edge on you: I've actually read the DI
challenges, whereas you are, pardon my bluntness, writing in
ignorance. Having worked mainly with elementary, but also with
intermediate, teams, I can safely say that the DI challenges are quite
good. No team will find them beneath their level of competency. They
*will* find them different.

Also note, that, while I have not seen the CCI problems for this
year as of yet, I have reasonable confidence that they will be fine,
too. I do believe that my analysis of who might prefer them is valid;
your post does lend credence to that analysis.

I do not feel the need to cut down the CCI problems just because I
prefer the DI Challenges. I have friends who will be coaching teams
with the CCI problems; I'm sure we will discuss similarities and
differences over the course of the year. They have not felt the need
to cut down the DI Challenges, either. This really is not a religious
issue for all of us.

I also do not think it good to publicly cut down others whose
motivation is different than mine. True, I have drawn my own
conclusions about who the "villians" might be (you might be surprised
at them, BTW), but truly believe that almost everyone involved is
operating from a standpoint of what they believe is right.

James

James K. Gruetzner <jkg...@unm.edu> | In faith and in science,
Creative Problem Solving Coordinator| All truth is God's truth.
Sombra del Monte Elementary School |

Madison Middle School |Mgr: Fruit Roller Coaster (E)

John T. Horner

unread,
Oct 13, 1999, 3:00:00 AM10/13/99
to

Shane Thompson <Shane_103...@hotmail.com.invalid> wrote in message
news:01d9cd66...@usw-ex0107-051.remarq.com...

> YEAH!
>
> The litigation is over! Odyssey of the Mind IS on for the
> 1999-2000 year!!!! Yes, it WILL take place! It is still
> non-for-profit. Bob Purifico is OUT of the picture. The
> Micklus family IS in charge. Here are the problems (all
> information can be foud at www.creative-competitions.com):
>
>


As Shane should be well aware of, the situation is not at all that simple.

There are now two competing and independent organizations, one the Micklus
family owned for-profit business (Creative Competitions) and the other the
OM Association, now combined with Destination Imagination and a true
non-profit entity.

Speaking for myself, I feel violated and used to know that in my years as a
volunteer I was actually working without pay in order to financially benefit
the Micklus family. I'm ashamed to have convinced our school to send
taxpayer money into what I thought was a non-profit group being run solely
to benefit children when in fact a significant portion of those monies were
being siphoned off and into the pockets of few individuals.

I thought I had been working for the kids. Little did I know that I was an
unpaid salesman for the Micklus family as they hid behind a non-profit front
organization. I can't think of any reason why the front organization was
ever put in place other than as a way to trick unsuspecting folks like
myself into thinking that we were participating in a purely altruistic
endeavor.

John Horner

John T. Horner

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Oct 13, 1999, 3:00:00 AM10/13/99
to

Shane Thompson <Shane_103...@hotmail.com.invalid> wrote in message
news:000d0278.b41b8fb5@usw-ex0107-

<snip>


> CCI made OM, and OM is CCI.

If so, then why were two separate organizations created and staffed? If
they are one and the same, then there never was a need for a non-profit
front organization with a for-profit company benefiting from it.

<snip>

> It just goes to show that Bob Purifico,
> Destination Imagination, and the OMAI CANNOT be trusted.

<snip>

It is my experience that when people start making person attacks on the
person of their opponent it is because the facts and circumstances of the
situation do not support the attacker's position. So, they attempt to smear
the good name of the opposition.

John Horner
OM volunteer who has never been affiliated with any of the parties to the
litigation


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