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| Tags: against, complaint, decision, ethics, grant, perks, petition, rehearing, sam, sloan |
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#1
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Petition for Rehearing of Decision on Ethics Complaint by Grant Perks
against Sam Sloan To the Ethics Committee: On August 2, 2006, immediately after the completion of the vote count in which Sam Sloan had defeated Grant Perks for election to the USCF Executive Board, Grant Perks filed an ethics complaint against Sam Sloan. The obvious purpose of this ethics complaint was to get the Ethics Committee to overturn the election results and to stop Sam Sloan from taking the office on August 13 to which he had been elected. In a decision dated January 10, 2007, the Ethics Committee dismissed two of the charges filed by Grant Perks but sustained the third charge. While I appreciate the fact that two of the three charges were dismissed, I believe that the third charge must be dismissed as well because the finding by the Ethics Committee is fatally flawed. In the alternative, I feel the Ethics Committee should re-write its decision. Accordingly, I am filing this petition for a rehearing. What the committee did was to paraphrase the charges made by Grant Perks, who in turn had paraphrased what I had actually written. Paraphrases are not acceptable. You can look it up in the law books, that any allegation of libel or slander must allege the EXACT WORDS written or spoken. The Ethics Committee found that I had made "accusations of criminal activity". However, I never used the words "criminal activity" in any forum or Internet posting. I also never used the word "criminal" in any forum or Internet posting. The decision of the Ethics Committee implies that in effect I stated "Grant Perks is a criminal". However, I never said or wrote that. Merely stating that something was illegal is different from stating that it was a "criminal activity" or part of a criminal conspiracy or anything like that. In addition, the Ethics Complaint by Grant Perks did not allege that I had called Grant Perks a criminal. Grant Perks, in his ethics complaint dated August 2, 2006, wrote, in pertinent part, "He alleges that [XXXX] as President of the USCF has committed criminal acts". However, nowhere does Grant Perks state that I alleged that he, Grant Perks, had committed criminal acts. This other person, whom I label XXXX, has not filed an ethics complaint. Grant Perks lacks standing to complain that I wrote anything about that other person. In addition, I never wrote that this other person had committed "criminal acts" either. I have omitted the name of that other person, instead referring to this other person as XXXX, because I am certain that this other person wants nothing to do with the Ethics Complaint of Grant Perks and will be extremely upset to learn that Grant Perks has made this allegation. This other person does not want to have the persons name dragged in the mud by being associated with the Grant Perks Ethics Complaint, preferring to have the matter forgotten entirely. Attached to his one page complaint, Grant Perks included five pages of quotes by me, involving a total of 15 postings by me to the USCF Forums. The first posting by me was dated June 20, 2006 and the last posting was dated July 12, 2006. These five pages of postings, without specifying what was wrong or objectionable about these postings, was similar to the more extreme case of Mr. Herbert Rodney Vaughn who filed an ethics complaint consisting of 400 pages of postings by me. Mr. Vaughn essentially told the Ethics Committee to go through these 400 pages and find that some of them were unethical. This is the equivalent of throwing a bucket of paint against a wall and hoping that some of it sticks. I have the right to appeal from the ethics decision. However, as it stands, I cannot file a meaningful appeal because the decision of the ethics committee does not specifically quote anything that I actually wrote. I never used the word "Criminal". I feel that if the delegates to whom I have a right to appeal find out what it was that I actually wrote that the Ethics Committee found to be unethical, they will agree that what I actually wrote was correct and proper. Therefore, I am insisting that my exact words be quoted. I am not even going to reach the fact that I did apologize to Grant Perks for one of the statements that I made. Since the Ethics Committee did not specify what statement I made that was unethical, I cannot determine if that was the statement for which I apologized. By way of precedent, in 1999, the Ethics Committee decided that Tom Dorsch had committed an ethical violation by writing that Bill Goichberg was a "white collar criminal". The exact words used by Tom Dorsch were "white collar criminal". In addition, what Goichberg had done to be called this was raise the entry fees and the prizes for the US Open, with the permission of the Executive Director. That certainly was not a criminal act. In addition, Dorsch has signed this letter making this accusation of "white collar criminal" as "Tom Dorsch, USCF Treasurer". By contrast, I was not a USCF official. I was merely a candidate for election. Candidates often accuse their opponents of misconduct. It is part of the political campaign process. The opponent has every opportunity to refute the accusations. Finding that I committed an ethics violation during an election campaign interferes with the right of the voters to hear and become informed of the election issues. By voting for me and against Grant Perks, the voters ruled in my favor on these matters. In summary, the decision of the Ethics Committee must either be reversed or it must be restated to specify what exactly it was that I wrote and posted to the Internet that was unethical. Dated: January 19, 2007 Respectfully submitted, Sam Sloan |
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#2
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Please Note: I have been informed by Pat Knight that on January 24,
2007 the Ethics Committee rejected my petition for rehearing on the ground that there is no procedure in the rules for filing a petition for rehearing and therefore the Ethics Committee cannot consider it. Frankly, I had hoped that the Ethics Committee would take this opportunity to correct this error in which they found that I had committed an ethical violation for writing something that in fact I had never written. At the very minimum, they should have modified their decision by citing something that I actually did write, as opposed to something that I never wrote. In any event, I am hereby appealing to the delegates to reverse the obviously wrong decision by the Ethics Committee. Sam Sloan |
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