10-25-13
Fuerstman (Again) Denied Right To Participate in NC Championship!? Previous Settlement Ignored??

By NM Leland Fuerstman

A couple of weeks ago after hearing a "confusing" rumor, I sent this E-mail to NCCA President Rudy Abate: "
Is NM Leland Fuerstman forbidden to participate in the 2013 NC Closed? Yes or No?" A week or so later, I received the following response:
 

Dear NM Leland Fuerstman, The present North Carolina Chess Association (NCCA) Board cannot allow you to participate or be eligible to enter the 2013 North Carolina Closed Class Championship. In order for a person to be able to participate or be eligible a player needs to be a NC resident ,a USCF member and a NCCA member. At this time you are not a NCCA member by virtue of your own voluntary renunciation of your membership. The present NCCA Board has agreed to uphold the past NCCA Board's decision to continue to accept your voluntary renunciation. Therefore, until you become a member of the NCCA on terms acceptable to this Board, you are ineligible to play in the North Carolina Closed Class Championship.

Sincerely. Rudy Abate NCCA President

Again, please allow me to remind the reader that I have violated no USCF rule nor civil law. I have only exercised my fundamental constitutional right to voice my opinion in the form of messages posted on the Charlotte Chess Club website. Those expository messages made reference to ridiculous changes made by current "Dictator" Rudolph Abate to policies which had been in place for over 70 years?! Though listed as a non-profit organization, the NCCA seems to have morphed into a private company controlled by a small group of "good old boys" who only act to serve their own interests with no accounting nor oversight? Needless to say, the recent resignation of one of their Vice Presidents {which wasn't even reported by the NCCA for weeks?} is an indication that the organization is coming apart at the seams... (perhaps that VP couldn't deal with the "Dictator's" arbitrary decision making and last minute double crossing...")

Abate "claims" that "the NCCA Board of Directors determined that NM Leland Fuerstman is 'not' a member in good standing with the NCCA... and is forbidden from participating in the 2013 NC Class Ch." yet there is no evidence of such in the report of the minutes of any Board Meetings nor was I notified by any NCCA representative to that effect. Come to find out that the "Dictator" has chosen to follow the same illegal proclamation initiated by immediate past President and renown "Chess Bully" Gary Newsom which had already been overruled by the USCF?

Back in 2009, in protest of the conflicts of interest of a self serving administration which didn't exactly operate by the rules, I had stated that, "as long as Newsom was President, I 'renounce' my 'life membership' to the NCCA"?! Well, since Newsom is no longer the President, last year, I sent a check for my membership fee to the NCCA treasurer which was promptly intercepted and rejected by the "Dictator?" He has now even gone to the special effort of advertising his poorly timed, poorly located, poorly designed and poorly directed upcoming event by including the statement, "...must be North Carolina residents and members in good standing with the USCF and NCCA."  A well known CCC member surmised that to be "specifically designed for one person, and one person only!" (Don't worry... I will elaborate more precisely upon the "poorly" thing in a followup message)

Apparently Abate, again, didn't get the memo?! Because, 3 years ago, the "official response" of a formal complaint filed by me to the USCF Ethics Committee against past President Gary Newsom, rejected any idea that I could be banned from playing in a USCF sanctioned event and even "strongly recommended" that I be allowed to participate in the NC Championship, which I did! According to past Executive Director Bill Hall, "the USCF Official Rules of Chess, Code of Ethics, p. 235 clearly forbids organizers and directors from, h. attempting to interfere with the rights of any USCF member, such as barring someone from entering a USCF sanctioned event for 'personal reasons.' Generally, no individual should be barred from a USCF sanctioned event for which he or she meets the advertised qualifications without appropriate due process."

But, this is where the "Dictator" is confused!? The USCF did NOT say that they must allow me to become a member of the NCCA. (which, right now, I could not care less about wasting $10 and becoming?!) they only said that "regardless of whether I was a member or not, no USCF member, without appropriate due process, may be forbidden from participating in any USCF event ...unless a declaration by the USCF Ethics Committee indicates otherwise."  You see, neither this president nor any other president of a State Organization has the right to impose rules which override those of the United States Chess Federation. On the contrary, they are required to abide by them.

So, 3 years ago, after a thorough and lengthy dialogue between USCF Executive Directer Bill Hall, NCCA Legal Adviser A. Wilder Wadford, Esq, and the 2 principals involved, the following agreement was filed and endorsed by all parties: (this is copied directly from Wadford's E-mail)

From: WILDERWAD@aol.com [mailto:WILDERWAD@aol.com]
Sent: Thursday, September 02, 2010 3:14 PM

Subject: Re: FW: resolution

NM Leland Fuerstman and the NCCA have reached an agreement which will allow NM Fuerstman to participate in the NC Championship this weekend. Even though NM Fuerstman is not eligible to be a member of the NCCA at this time, the Board, in a gesture of reconciliation is willing to agree to the basic right of a USCF member to play in any USCF sanctioned event requiring NCCA membership. In recognition of this gesture, NM Fuerstman has agreed to dismiss his complaint to the USCF against the NCCA. 

In addition, both the NCCA and NM Fuerstman, in a mutual friendly attempt to rebuild the relationships between the Charlotte Chess Club, NM Fuerstman, President and the NCCA/QCCA and Gary Newsom, President, all previous messages relating to the 2009 Scholastics event and other criticism of NCCA/QCCA officers and advisers or of NM Fuerstman have been permanently deleted from all three of the websites. We all pledge that those "old" issues shall not be discussed in any future postings.

All North Carolina chessplayers will enjoy the relief of putting these controversial issues to rest. Both the NCCA Board and NM Fuerstman agree that all members should have the right to voice their opinions about the activities and officers of the NCCA in a civil discourse. Over the past year, impolite statements have been posted on all the website message boards. It is our sincere hope that all parties involved will forgive each other and make an honest effort to rekindle friendly personal relationships. It's time to move on to more productive things for the good of chess in North Carolina.

Good luck to everyone this weekend; there should be a ton of people there!

NM Leland Fuerstman, President CCC and Gary Newsom, President NCCA

In order to become familiar with previous policies, in his review of the NCCA archives, Abate apparently overlooked this extremely important document. That agreement established a "precedent" which should naturally be honored by the current administration. Unfortunately, the "Dictator" has chosen to ignore an official decision made by the USCF and go about his business censuring people for personal reasons, without due process? - According to past Executive Director Hall, "failure to comply with that USCF mandate could have resulted in the NCCA losing its affiliation?! - which also may have prevented the event from being rated in a timely fashion!?"

Again, I have been advised, and shall proceed to file an official complaint to the USCF Ethics Committee against NCCA President Rudolph Abate. The president of the NCCA should set aside personal differences and act as an impartial ambassador for the good of organized chess in North Carolina. In spite of Abate's relentless attempts to undermine our good efforts, I remain very proud that the Charlotte Chess Club, with 72 members, continues to be the most popular adult chess club in the 2 Carolinas. Long live the CCC!

I remain,

NM Leland Fuerstman
Charlotte Chess Club