From: usgwconf-2-request@usgenweb.org
To: Diane Siniard
Sent: Mon, June 21, 2010 9:28:06 PM
Subject: Welcome to the "Usgwconf-2" mailing list
This list is to be used for the disciplinary hearing for Diane Siniard. Cyndie Enfinger will chair the hearing.
If there are any of you that need alternate email addresses subbed to this list, please let either Cyndie or I know.
Sherri
Welcome to the Usgwconf-2@usgenweb.org mailing list!
To post to this list, send your email to:
usgwconf-2@usgenweb.org
General information about the mailing list is at:
http://usgenweb.org/mailman/listinfo/usgwconf-2_usgenweb.org
....
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 6:38:50 AM
Subject: [Usgwconf-2] Hearing Preliminary Items
This list has been setup to conduct a disciplinary hearing as listed below. Before the hearing begins, there are a few administrative items that need to be completed.
First, please reply to this message and indicate that you are successfully subscribed to this list by stating your name (everyone) and position (if you are an AB member).
Second, please indicate if you feel there is any reason why you would be unable to participate in this hearing. (an example would be a conflict of interest)
Once it is determined that everyone is here and who will be participating there will be more information about the hearing process. Until all preliminary items are completed, there should be no discussion of the charges.
Thanks,
Cyndie
The Advisory Board has been requested to conduct a disciplinary hearing for Diane Siniard, member of COGenWeb and MOGenWeb, for the charge of breaching the confidentiality of Grievance 2009-08-15 for which Ms. Siniard served as the Chair of the Grievance Committee.
This is evidenced by:
1) the sharing of private GC communications with parties involved in Grievance 2009-08-15 as demonstrated within the evidence submitted to the AB for the resulting disciplinary hearing against two FLGenWeb, Inc. members.
2) the posting of private GC communications to the archived SWSC list that included the name of a party to Grievance 2009-08-15. See http://archiver.rootsweb.ancestry.com/th/read/USGENWEB-SW/2010-05/1273937350
http://archiver.rootsweb.ancestry.com/th/read/USGENWEB-SW/2010-05/127393735
This breach of confidentiality is in direct violation of Section A, Subsection Qualifications, Paragraph 3 of the Grievance Committee Procedures voted into effect by the membership http://gc.usgenweb.org/procedures.html
"Because grievances are considered personnel matters, all volunteers must state that they are willing to abide by strict confidentiality requirements.
Volunteers must also state that they understand that violation of this confidentiality agreement will mean immediate expulsion from the Grievance Committee, and could result in determination of Member Not in Good Standing by the Advisory Board."
Ms. Siniard maintains the following USGenWeb member sites:
COGenWeb: La Plata Co
http://cogenweb.com/laplata/
COGenWeb: San Miguel
http://cogenweb.com/sanmiguel/
MOGenWeb: MO in the Civil War
http://www.mogenweb.org/mocivwar/
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 6:43:54 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Cyndie Enfinger, SP Rep on AB and Hearing Chair
I have no conflict that prevents my participation in this hearing.
Cyndie
=========================
From: Lesley L Shockey
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 6:50:23 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Cyndie I am here and presently know of nothing that would prevent me from participating.
Les Shockey
=========================
From: Larry Flesher
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 7:28:57 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I'm here. There is no known reason why I could not participate in these proceedings.
Larry Flesher
SWSC SC Rep
=========================
From: Dale Grimm
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 7:31:10 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Dale Grimm, NENC SC Rep
I have no conflicts
=========================
From: Colleen
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 7:31:50 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Colleen Pustola
NWPL CC Rep
There is no reason why I am unable to participate in this hearing.
=========================
From: Lesley L Shockey
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 7:32:08 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Cyndie I am here and presently know of nothing that would prevent me from participating.
Les Shockey
SEMA SC Rep
ps: Sorry but had replied before my first cup of coffee.
=========================
From: Vickery, Tina
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 7:51:07 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Based upon the charges as stated, I have no conflict of interest and will participate.
Tina Vickery
Representative at Large
=========================
From: Bill
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 8:56:09 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
'siyo,
Bill [Wm. N] Oliver, NWPLSC Rep to the USGenNet Project AB. I feel that there is NO reason why I would be unable to participate in this hearing and will participate to the best of my ability.
Bill Oliver
NWPLSC Rep
=========================
From: Pauli Smith
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 11:07:51 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Pauli Smith
NENC CC Rep
I have no conflict that prevents my participation in this hearing.
=========================
From: DC & Alice Allen
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 11:24:15 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I am here, and know of no reason why I would be unable to participate in this hearing.
Alice Allen
NENC CC Rep
=========================
From: W David Samuelsen
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 11:41:01 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
W. David Samuelsen
SWSC CC Rep
Nothing to preclude me from the hearing in fairness.
=========================
From: Denise Wells
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 12:46:44 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Present and subscribed
Denise Wells
SEMA CC Rep
=========================
From: Denise Wells
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 12:48:25 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Oops
I don't feel that I have a conflict or that I will be unable to be impartial in this hearing.
Denise Wells
Sema cc rep
=========================
From: Linda K Lewis
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 1:14:52 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
No issue with my participation. Linda K. Lewis, SWSC.CC
=========================
From: Sherri
To: usgwconf-2@usgenweb.org
Sent: Tue, June 22, 2010 6:14:33 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I'm here and know of no reason I should not participate in the hearing based on the charges as stated below.
Sherri Bradley
National Coordinator and ex-officio member
=========================
From: Cyndie
To: ncgeniehunter@yahoo.com
Cc: garebel@roadrunner.com
Sent: Wed, June 23, 2010 6:42:46 AM
Subject: USGenWeb Hearing Mailing List
Diane,
You have been subbed to a USGenWeb mailing list for the hearing process that is about to begin under ncgeniehunter@yahoo.com. If that is not the correct email address to be used, please let me know.
Thanks,
Cyndie Enfinger
SP Rep.
Hearing Chair
=========================
From: Diane Siniard
To: usgwconf-2@usgenweb.org
Sent: Wed, June 23, 2010 12:23:46 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I object to the manner in which this hearing is being conducted. Sturgis has not been followed in properly conducting a hearing regarding a member; there are specific time limits required.
The proper steps are:
1. Charges: Charges in affidavit form stating the alleged violations and preliminary proof should be filed with the secretary.
2. Investigation: the proper committee should investigate the charges promptly and, if it decides that a hearing is warranted, set a date and notify the secretary.
3. Notification. The secretary should send the accused member a registered letter at least fifteen days before the date of the hearing, containing a copy of the charges, the time and place of the hearing, and a statement of the member's right to be present at the hearing to present a defense to be represented by an attorney and to receive a copy of any transcript.
4. Hearing. In conducting the hearing the committee should preserve decorum and fair play, restrict evidence and testimony to the written charges, and uphold the right of the accused member to present a defense to cross-examine witnesses, and to refute the charges which have been made.
5. Decision. The hearing committee should within a reasonable time make findings of fact on the essential points at issue, recommend a decision of guilty or innocence, and send a copy of the recommended decision and findings of fact to the accused member and to the secretary.
6. Penalty. If the member is found guilty of the charges, the board directors should recommend a penalty to the membership meeting. The decision may be approved by a majority vote of the legal votes cast at the meeting.
According to The USGenWeb Project's Bylaws -
XV. PARLIAMENTARY AUTHORITY
The USGenWeb Project shall be governed by accepted parliamentary procedure, except in those cases where such procedure conflicts with the existing bylaws of The USGenWeb Project.
And The Special Rules -
II. PARLIAMENTARY AUTHORITY.
The parliamentary authority is The Standard Code of Parliamentary Procedure by Alice Sturgis (current revised and updated edition), modified within USGenWeb Special Rules to adapt to the particular needs of conducting a meeting via an electronic Internet mailing list.
# 3. Notification. The secretary should send the accused member a registered letter at least fifteen days before the date of the hearing, containing a copy of the charges, the time and place of the hearing and a statement of the member's right to be present at the hearing to present a defense to be represented by an attorney and to receive a copy of any transcript.
This requirement has not been met. I was not allowed 15 days from the date of notification, I have not received a copy of the transcript of the allegations, and I do not know who has made these allegations against me. I am hereby requesting that I am able to have a representative to be present with me during the hearing.
Also Sturgis page 174 was broken: "Failure or refusal to disclose necessary information on matters of organizational business" is a valid cause for removal from office. This hearing should have been posted on the Board list at the same time my hearing notice was sent to me but it was not. It was posted several hours later. I have asked the AB repeatedly to look into this and I have been ignored.
I also believe that Sturgis pages 9 & 10 are being broken by the timing of this hearing:
Fairness and Good Faith
All meetings must be characterized by fairness and by good faith. Trickery, overemphasis on minor technicalities, dilatory tactics, indulgence in personalities, and railroading threaten the spirit and practice of fairness and good faith. If a meeting is characterized by fairness and good faith, a minor procedural error will not invalidate an action that has been taken by an organization. But fraud, unfairness, or absence of good faith may cause a court to hold any action invalid.
Parliamentary strategy is the art of using legitimately the parliamentary principles, rules, and motions to support or defeat a proposal. It includes, for example, such important factors as timing, wording of proposals, choice of supporters, selection of arguments, and manipulation of proposals by other motions. Strategy, ethically used, is constructive; however, if it involves deceit, fraud, misrepresentation, intimidation, railroading, or denial of rights of members, it is destructive and actually illegal.
In 1776 John Hatsell, the famous British parliamentarian, wrote, "Motives ought to outweigh objections of form." The interpretations of the courts make it clear that the intent and overall good faith of the group are of more importance than the particular detail of procedure used in a given instance. The effectiveness and, in fact, often the existence of an organization are destroyed if its officers or members condone unfairness or lack of good faith.
I believe dilatory tactics, railroading and intimidation are being used in this hearing.
1 - The AB is no longer a jury of my peers. - Intimidation.
2 - Dilatory tactics are being used in my opinion because this hearing notice was served right after I announced I was running for the National Coordinator position and not within the time limits allowed by the project's own Grievance process.
3 - I believe I am being railroaded because I have pointed out that both the National Coordinator, Sherri Bradley and the RAL member of the Advisory Board, Tina S Vickery have bypassed the bylaws and Grievance Committee Procedures by participating in discussions on the GC private mailing list
I hereby request that this hearing be stopped until all requirements are met.
Diane Siniard
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 23, 2010 10:41:44 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Diane,
The procedures that the USGenWeb Advisory Board follows for hearings is conducted per Sturgis to the extent possible based on the structure and function of our organization and where it does not conflict with project bylaws and standing procedures.
- The USGenWeb does not maintain, nor is there a requirement or process to maintain, the mailing addresses for all members of the project. Due to that fact, we do not have addresses to mail registered letters to. The standard communication method for the USGenWeb Project is through email. Communication regarding this hearing is consistent with previous hearings.
- Since the Advisory Board meets on a virtual, continual basis as per the standard procedures, there are no scheduled dates for meetings. 15 days notice is to reasonably allow for arrangements to attend a hearing on a particular date and time, which is not applicable to a virtual meeting with no scheduled date. An unarchived mailing list has been setup for the hearing which is consistent with previous hearings. The hearing has not started and ample time it being given to ensure all participants are present.
- The USGenWeb Secretary is not an elected position and their responsibility is limited to taking minutes for the record. They do not participate on the Exec list and notification on Board is the standard USGenWeb process to register notice with the Secretary. This has been done consistent with previous hearings.
- You have received the charges in a manner consistent with previous hearings.
This hearing was announced at the conclusion of another hearing conducted by the Advisory Board. Hearings, appeals and other important personnel issues have taken priority by the Advisory Board as past precedent. The charges presented included evidence which the Advisory Board felt warranted a hearing. Any other implications of the motives of the Advisory Board are hearsay as this hearing has not started yet and no determination has been made.
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Thu, June 24, 2010 8:29:20 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I have not seen a response yet from Ann Allen Geoghegan or Jeff Kemp to indicate that you are successfully subbed to the list.
Thanks,
Cyndie
=========================
From: Jeff Kemp
To: usgwconf-2@usgenweb.org
Sent: Thu, June 24, 2010 10:09:33 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I'm here Cindy!
Jeff
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Fri, June 25, 2010 6:17:56 AM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Thanks Jeff. Is there any reason why you would be unable to participate in this hearing?
Cyndie
=========================
From: Jeff Kemp
To: usgwconf-2@usgenweb.org
Sent: Sun, June 27, 2010 10:56:21 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Cyndie,
No reason I can think of.
Jeff
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 6:33:31 PM
Subject: [Usgwconf-2] Hearing Status
Ann Allen Geoghegan is unavailable at the present time and has been unsubscribed from this list. Should she become available, she will be re-subscribed and brought current on the preliminaries.
Thanks,
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 6:42:21 PM
Subject: [Usgwconf-2] Hearing Participants
The following people are subscribed to this list using the email address(es) listed and have indicated no reason they are unable to participate in the USGenWeb Hearing regarding Diane Siniard. This is an unarchived, confidential list.
Diane Siniard - ncgeniehunter@yahoo.com
Sherri Bradley - ldrbelties@earthlink.net & sherri.bradley@us.army.mil & usgenwebnc@windstream.net
Tina Vickery - tsvickery@gmail.com
Linda Lewis - webmaster@cottonhills.com
Jeff Kemp - usgwsema@gmail.com
Cyndie Enfinger - cyndiee@tampabay.rr.com
Dale Grimm - dale@kbanet.com
Alice Allen - dcallen@pacifier.com
David Samuelsen - dsam52@sampubco.com
Colleen Pustola - ladyaudris@earthlink.net
Les Shockey - lesshockey@wildblue.net
Larry Flesher - lflesher@yahoo.com
Pauli Smith - pauli1028@msn.com
Denise wells semaccrep@gmail.com
Bill Oliver - wnoliver@sbcglobal.net
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 6:54:21 PM
Subject: [Usgwconf-2] Advisor
Diane,
If you wish to have an advisor, please provide me with their name and email address by Monday July 5th at 7:00 pm EDT.
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 7:04:27 PM
Subject: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Please respond that you agree or disagree with the following Confidentiality statement and Hearing List Rules (for example, I agree with the Confidentiality Statement and I agree with the Hearing List Rules).
Confidentiality Statement:
Do you agree that this hearing is considered closed and all matters discussed are to remain confidential to all not present for this Hearing.
Hearing List Rules:
Do you agree to the following list rules?
1. All information/statements will be restricted to matters directly relevant to the charges..
2. Harassment of witnesses or other parties will result in a warning. Repeat occurrences will result in the loss of the right to question witnesses, moderation of messages and possible expulsion from the hearing.
3. Advisors, if present, are restricted to advising and may not make statements or ask questions during the proceeding. Advisors are moderated on the list by default.
4. Any person who is disruptive or fails to abide by the hearing procedures or rules set by the chair may be removed.
5. Witnesses may be subscribed to this list to give testimony. The list may be moderated until the subscribed witness agrees to Hearing Confidentiality and the Hearing List Rules
Cyndie
=========================
From: Denise Wells
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 7:17:08 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules.
Denise Wells
=========================
From: Colleen
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 7:17:32 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules.
Colleen Pustola
NWPL CC Rep
=========================
From: DC & Alice Allen
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 7:29:47 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with both the confidentiality statement and the Hearing list rules.
Alice
----------
From: Pauli Smith
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 7:31:34 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules.
Pauli Smith
NENC CC Rep
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 8:04:26 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality statement and Hearing List Rules.
Cyndie Enfinger
SP Rep
=========================
From: Bill
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 8:21:48 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
'siyo,
I, Bill Oliver, agree with the Confidentiality Statement and I agree with the
Hearing List Rules
Sgi,
Bill Oliver
NWPL SC Rep
=========================
From: Linda K Lewis
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 8:45:54 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the confidentiality statement and I agree with the list rules.
Linda K. Lewis
SWSC.CC
=========================
From: Dale Grimm
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 8:51:17 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with
the Hearing List Rules
Dale Grimm
=========================
From: Jeff Kemp
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 11:09:31 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree
Jeff Kemp
=========================
From: Jeff Kemp
To: usgwconf-2@usgenweb.org
Sent: Mon, June 28, 2010 11:10:06 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules.
Jeff Kemp
=========================
From: W David Samuelsen
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 2:26:01 AM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with
the Hearing List Rules
David Samuelsen
=========================
From: Larry Flesher
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 10:46:55 AM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules
Larry Flesher
=========================
From: AnnieG
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 12:51:49 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I'm here Cyndi! I cannot think of a reason that I would not be able to participate other than Diane has adopted one of the counties I gave up in Colorado.
AnnieG
=========================
From: AnnieG
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 1:00:34 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I am here.
Ann Allen Geoghegan
NWPL CC Rep
No conflicts that I can think of.
=========================
From: AnnieG
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 1:34:53 PM
Subject: [Usgwconf-2] question
Can Diane have a representative subscribed to the hearing? Like in a legal situation?
AnnieG
=========================
From: Denise Wells
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 4:49:54 PM
Subject: [Usgwconf-2] Annie.
Cyndie. Annie is out of the hospital. You can sub her now.
Denise
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 5:53:59 PM
Subject: Re: [Usgwconf-2] Annie.
Annie has been re-subscribed ....
Thanks,
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 5:56:12 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
Annie,
I know you are catching up. Here is the first message the is in need of a response from you.
Thanks,
Cyndie
From: Cyndie
Sent: Tuesday, June 22, 2010 6:39 AM
To: usgwconf-2@usgenweb.org
Subject: [Usgwconf-2] Hearing Preliminary Items
This list has been setup to conduct a disciplinary hearing as listed below. Before the hearing begins, there are a few administrative items that need to be completed.
First, please reply to this message and indicate that you are successfully subscribed to this list by stating your name (everyone) and position (if you are an AB member).
Second, please indicate if you feel there is any reason why you would be unable to participate in this hearing.. (an example would be a conflict of interest)
Once it is determined that everyone is here and who will be participating there will be more information about the hearing process. Until all preliminary items are completed, there should be no discussion of the charges.
Thanks,
Cyndie
=========================
From: AnnieG
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 6:01:43 PM
Subject: Re: [Usgwconf-2] Hearing Preliminary Items
I am here and I am not aware of any conflict that would keep me from participation.
AnnieG
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 6:09:16 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Annie,
This is the second message which you may not have received¦
Thanks,
Cyndie
From: Cyndie
Sent: Monday, June 28, 2010 7:04 PM
To: usgwconf-2@usgenweb.org
Subject: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Please respond that you agree or disagree with the following Confidentiality statement and Hearing List Rules
(for example, I agree with the Confidentiality Statement and I agree with the Hearing List Rules).
Confidentiality Statement:
Do you agree that this hearing is considered closed and all matters discussed are to remain confidential to all not present for this Hearing.
Hearing List Rules:
Do you agree to the following list rules?
1. All information/statements will be restricted to matters directly relevant to the charges.
2. Harassment of witnesses or other parties will result in a warning. Repeat occurrences will result in the loss of the right to question witnesses, moderation of messages and possible expulsion from the hearing.
3. Advisors, if present, are restricted to advising and may not make statements or ask questions during the proceeding. Advisors are moderated on the list by default.
4. Any person who is disruptive or fails to abide by the hearing procedures or rules set by the chair may be removed.
5. Witnesses may be subscribed to this list to give testimony. The list may be moderated until the subscribed witness agrees to Hearing Confidentiality and the Hearing List Rules
Cyndie
=========================
From: AnnieG
To: usgwconf-2@usgenweb.org
Sent: Tue, June 29, 2010 6:24:44 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree.
AnnieG
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 6:48:03 AM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I have not yet seen a response from the following (if you did respond, I've overlooked it or it got lost in cyberspace on its way to my inbox, sorry) regarding the message below..:
Diane Siniard
Sherri Bradley
Tina Vickery
Les Shockey
Thanks,
Cyndie
=========================
From: Lesley L Shockey
To: usgwconf-2@usgenweb.org; Cyndie
Sent: Wed, June 30, 2010 6:55:11 AM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
My original reply was sent 6/28/2010 7:39 PM, 35 minutes after I received your request.? I will gladly respond again before heading out the door.
I agree with the Confidentiality Statement.? I agree with the Hearing List Rules.
Les Shockey
SEMA SC Rep
=========================
From: Vickery, Tina
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 8:01:47 AM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Re-sending. I originally sent below.
Tina
----- Original Message -----
From: Vickery, Tina
To: usgwconf-2@usgenweb.org
Sent: Monday, June 28, 2010 7:43 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules.
Tina Vickery
Representative at Large
=========================
From: Sherri
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 5:52:02 PM
Subject: [Usgwconf-2] FW: Hearing Confidentiality, List Rules and Agreement
Resending my original response that seems to have also gotten lost somewhere along the line. I responded about 45 minutes after you sent the original message.
Sherri
From: Sherri
Sent: Monday, June 28, 2010 7:47 PM
To: 'usgwconf-2@usgenweb.org'
Subject: RE: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I agree with the Confidentiality Statement and I agree with the Hearing List Rules
Sherri Bradley
National Coordinator
=========================
From: DC & Alice Allen
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 7:50:55 PM
Subject: Re: [Usgwconf-2] Hearing Participants
Just noticed that my email address is wrong on your list, Cyndie. I assume I'm subbed with the right address since I seem to be getting the mail. Should be dcaallen@pacifier.com
Two "a's"
Thx,
Alice
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 9:14:07 PM
Subject: Re: [Usgwconf-2] Hearing Participants
Yes, sorry.
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 9:05:38 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Thanks Les. I'm not sure why I didn't receive some of these, but I've looked in spam/junk mail folders and they are not there. I've received this one though.
Thanks again,
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 9:06:06 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Thanks Tina, I've received this one.
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 9:07:17 PM
Subject: Re: [Usgwconf-2] FW: Hearing Confidentiality, List Rules and Agreement
Thanks Sherri, I've received this one.
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 9:28:39 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I have now heard from everyone except for Diane Siniard.
Diane, please respond by Monday July 5th at 7:00 pm EDT. If you choose not to agree with the Hearing Confidentiality and List Rules or do not respond at all, the hearing will continue, but you will be unsubscribed from this list. You will have the opportunity to present a statement regarding the charges and the Advisory Board may ask additional questions as needed during investigation.
Thanks,
Cyndie
=========================
From: W David Samuelsen
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 9:38:15 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
Cyndie,
please be advised I just received msg from Diane - advising the company in her area is replacing analog lines with digital lines and causing interruptions in service area.
I advised her to let you know asap.
David Samuelsen
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org; W David Samuelsen
Sent: Thu, July 1, 2010 6:20:22 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
David,
I did receive this message from the list and replied to it via the list, but didn't receive my own reply. I'm not sure if anyone else received it or not.
Cyndie
=========================
From: Sherri
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 10:06:00 PM
Subject: Re: [Usgwconf-2] Hearing Confidentiality, List Rules and Agreement
I have sent a message to Cyndie Enfinger, the chair of the hearing asking that she verify that she has password and control of the mail list since David seems unable or refuses to accept what other AB members have said.
Sherri
=========================
From: Diane Siniard
To: usgwconf-2@usgenweb.org
Sent: Wed, June 30, 2010 10:43:26 PM
Subject: Re: [Usgwconf-2] Advisor
Cyndie,
I sent you an email from my other email address I do hope it went through.
Thank you for responding to my question regarding an advisor. I will let you know by the deadline.
If possible could you advise me on how to go about selecting an advisor in a way that won't break the confidentiality of the hearing rules.
Thanks!
Diane
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Thu, July 1, 2010 6:56:50 PM
Subject: Re: [Usgwconf-2] Advisor
Diane,
The advisor would be subscribed to the list in moderated mode and asked to agree to the same Confidentiality and List Rules as everyone else has. I would allow their response to that request to be passed to the list, so everyone would receive it.
As far as selecting an advisor in a way that will not break the confidentiality of the hearing rules, you can point them to what was posted publicly on Board regarding this hearing and let them know you are seeking an advisor for the hearing. Once they agree to the confidentiality and list rules, you would be able to discuss the hearing with them as they would be advising you.
I hope that answers your question,
Cyndie
=========================
From: Diane Siniard
To: usgwconf-2@usgenweb.org
Sent: Fri, July 2, 2010 10:52:48 AM
Subject: [Usgwconf-2] Hearing
Cyndie,
You said: The USGenWeb does not maintain, nor is there a requirement or process to maintain, the mailing addresses for all members of the project. Due to that fact, we do not have addresses to mail registered letters to. The standard communication method for the USGenWeb Project is through email. Communication regarding this hearing is consistent with previous hearings.
As a previous State Coordinator and previous Chair of the Grievance Committee, that information is available to the NC. However, I will hesitantly accept your method of notice.
You said: Since the Advisory Board meets on a virtual, continual basis as per the standard procedures, there are no scheduled dates for meetings. 15 days notice is to reasonably allow for arrangements to attend a hearing on a particular date and time, which is not applicable to a virtual meeting with no scheduled date. An un archived mailing list has been setup for the hearing which is consistent with previous hearings. The hearing has not started and ample time is being given to ensure all participants are present.
Since this process doesn't seem to be posted anywhere on The USGenWeb Project's website to plan around, I would like to ask how much notice will be given once the administrative tasks are complete for a deadline to submit evidence.
Sincerely,
Diane
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Fri, July 2, 2010 5:21:53 PM
Subject: [Usgwconf-2] Held Messages
Annie,
There were a few messages that were apparently held from when you were unsubscribed from the list. I'm going to let them through now, but if they seem old, that is why.
Thanks,
Cyndie
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Fri, July 2, 2010 5:37:38 PM
Subject: Re: [Usgwconf-2] Hearing
This is an outline of the planned process we will follow for the hearing once the administrative tasks are complete. It is consistent with the process used in previous hearings. Response times are something that we should agree on as to what is reasonable. A deadline has been given for selecting an advisor, if desired, and for agreeing to the Confidentiality and List Rules. Based on that deadline, it seems reasonable that the Evidentiary Phase can begin on Tuesday, July 6th.
I. Administrative Tasks (In Progress)
II. Opening statements
III. Evidentiary Phase: Time to be agreed upon ( ).
(Disciplinary Hearing Panel and Respondent(s) should be prepared to estimate time needed)
A. The Disciplinary Hearing Chair presents charges.
1. Witnesses and evidence
2. Questions from panel members
3. Questions from respondent
B. Respondent(s) presents case.
1. Witnesses and evidence
2. Questions from Disciplinary Hearing Panel members
C. Final questions by any party
IV. Closing statements:
A. The Disciplinary Hearing Chair/Panel Representative
B. Respondent(s)
V. Panel deliberation where the penalties to be applied (if applicable) will be agreed upon. - all other parties excused.
Thanks,
Cyndie
=========================
From: Diane Siniard
To: usgwconf-2@usgenweb.org
Sent: Fri, July 2, 2010 9:43:46 PM
Subject: Re: [Usgwconf-2] Hearing
Regarding the unarchived mailing list set up for the hearing, I would like to ask the following:
1 - What AB or Hearing member is the Admin of the list being used - Usgwconf-2?
2 - When all hearing attendees are present and accounted for, I request that a time/date stamped screen shot of the admin panel of the mailing list be provided to me to show who is present and would like to reserve the right to request this at intervals during the hearing.
Diane
=========================
From: Cyndie
To: usgwconf-2@usgenweb.org
Sent: Fri, July 2, 2010 10:10:28 PM
Subject: Re: [Usgwconf-2] Hearing
Diane,
1. see http://www.enfinger.net/hearinglist1.png
Enfinger.net is my personal domain, so nobody else on the AB has access to it. This is a screen shot of the General Options page that lists any admins and moderators. I'm the only one there. I opened my clock up, so you can see the date and time (I just did it).
2. I couldn't fit the subscribed names in one screen shot, but have overlapped Les Shockey's entry, so that you can see that I haven't left any out. There is only one page of names and I've included some area above and below the list, so you can see that there are no other pages. I've also included my clock in the shots as a date stamp to the right, so you can see that nobody is moderated.
http://www.enfinger.net/hearinglist2.png
http://www.enfinger.net/hearinglist3.png
Cyndie
=========================
From: Diane Siniard
To: usgwconf-2@usgenweb.org
Sent: Sat, July 3, 2010 11:01:00 PM
Subject: Re: [Usgwconf-2] Hearing
Cyndie,
Thank you so much for sending these to me. I really appreciate it. <smile>
Diane