NM Leland Fuerstman 10209137
7110 Lancashire Dr.
Charlotte, NC. 28227
Dear Ethics Committee members:
On July 18, 2010, I
received an E-mail from the Queen City Chess Association. A6029063
In the fifth paragraph, they state "Reading
the USCF
Code of Ethics "Standard of Conduct" we hereby serve you with a written
notice of a QCCA ban lasting from this date until January 11, 2011,
denying you participation in an QCCA sponsored event, and tournament
until January 18, 20001(?!) due to the behavior you've displayed which
is inconsistent with respect for the rights of others as defined by the
USCF Code of Ethics in the US Chess Federation Official Rules of Chess.
As a private club, the USCF Code of Ethics gives us the power to
enforce such a ban as long as you have received written notice." This
"behavior" they speak of has nothing to do with playing
tournament chess.
Apparently, they did not read the rules very carefully. The reason they
are attempting to ban me from USCF competition simply does not fall
under the scope of the USCF Code of Ethics Para. 3 (Scroll down to bottom to observe).
Because their
letter provides absolutely no
specific information citing which rule I violated, when and
where
it took place, nor to whom it was directed, it becomes difficult to
really know what they are
talking about?! However, I assume it is concerning messages which I
posted on the CCC Message Board as much as one year ago
which openly asked questions about the finances and conduct of the 2009
NC Scholastic Championship. I present those messages as Exhibits a-h
and they may be observed (on a
hidden link) as they were originally written at
www.charlottechess.com/Mes.html beginning with Message
#370.
The original thread of these messages pertained to the Scholastic event
and why the entry fees were so high for every 7th child to win a cheap
plastic trophy?! Later messages criticized the current NCCA
administration. Mr. Gary Newsom 10245141 is the president of both. As
the messages
escalated, the tone changed. Many of
my constituents expressed a concern for the proper accounting of the
event. I asked sensitive questions which probably embarrassed the
people involved. The Director in question was past-NCCA President
Charles Randy Wheeless 12459327. However, never did Mr. Wheeless
attempt to answer
any of the questions related to the event which I published on the CCC
Message Board. Apparently, they didn't like what I wrote. Soon after,
the NCCA officers, including Gary Newsom, President, took
it upon themselves to post extremely negative and untrue personal slurs
about me on the NCCA
Message Board; (I
will spare you the
burden of reading them; but they are still posted) which were
obvious violations of their own posted
rules re. "no personal attacks?!" In effect, in an effort to protect
one of their own, they were
denying me my constitutionally protected right to the Freedom of Speech
by attempting to prevent me from voicing my opinion or asking
questions.
And, now they are barring me from competition for "personal reasons."
The Standards of Conduct, Para. 5, elaborate on the scope of that which
the rules control. All references pertain directly and only to conduct during a USCF rated event.
Of the 8 examples below in Para. 5, "a-h," paradoxically, the only rule
which appears to have been violated is Rule "h" which states "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..."
Nowhere can I find any reference to a rule pertaining to
complaints outside the immediate chess arena nor messages that someone posted on
the internet?! Furthermore, most of those messages were posted
many
months ago and never was any formal complaint lodged
to the USCF of any kind about me! (However,
I may have been remis for not having complained about them).
"Procedures" 6. states: "6. Any USCF member may initiate
procedures under this code of ethics by filing a complaint in a timely manner
with the USCF Ethics Committee. In case of any accusation that does not
fall clearly under the Standards of Conduct above, the Ethics Committee
shall have the authority to decide whether the alleged conduct is
within the scope of the code of ethics. In the case of each alleged
violation that is within the scope of the code of ethics, the following
steps shall occur in a timely
manner." So, even if their complaint had the slightest bit
of merrit, the time limit has surely lapsed.
Therefore, I hereby file an official complaint that Gary Newsom 10245141 and the QCCA A6029063 and NCCA have
violated
the Standards of Conduct, Para. 5, h. by barring me from participating
in tournament competition for "personal reasons." And, that is a clear
violation of my rights as a USCF Life Member.
I am sure my accusers have provided you with a copy of a document which
was composed by NCCA Legal Advisor some time ago, which
exonerated Mr. Wheeless and made me out to be a criminal!? I was
clearly not afforded due process in that matter. The following was my
response to his proclamation:
"Re:
2009 Scholastic Championship Committee Findings
After
many months of delay, a self-appointed committee of the same people
involved voted to exonerate themselves and the promoter!? Furthermore,
neither I, nor the Asheboro director were given an opportunity to
participate in the proceedings nor provide important evidence nor
take
advantage of the counsel of the NCCA Legal Adviser. Nor were
we allowed to view the books in order to substantiate our claims. In
fact, in the 3-4 month delay whereby each person involved honored a
"gag order," I was never contacted one time by the NCCA Legal Adviser?!
Nor, was a Certified Public Accountant employed to observe the receipts
and expenditures and express a professional opinion. Such a kangaroo
court was hardly a good example of a fair and unbiased
forum for
democratic justice.
And, I reiterate that though I prematurely did, after reading
more carefully, I absolutely do not agree
with their
findings and resolutions. NM Leland Fuerstman"
I will promptly provide any other information which is requested by the
Ethics Committee. I will be filing a separate complaint against the
NCCA and President Gary Newsom who has barred me from competing in the
upcoming NC Championship which for some curious reason will be
sponsored by the QCCA?
Respectfully,
NM Leland Fuerstman
Past NCCA President
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USCF Code of Ethics
3. "The standards, procedures and sanctions set forth in this code of
ethics shall apply ONLY to: (a) actions and behavior by members of the
USCF that occur in connection with tournament or other activities
sponsored by or sanctioned by the USCF; and (b) individuals and
entities acting in an official capacity as officer or representatives
of the USCF. Each member of the USCF and each participant in a USCF activity shall be bound by
this code of ethics."
Standards of Conduct
5. "The actions and behavior of individuals participating in USCF
activities, or in events sponsored by or sanctioned by the USCF, shall
be lawful and in accordance with all USCF rules and regulations, and
consistent with the principles of fair play, good sportsmanship,
honesty, and respect for the rights of others."
"The following is a list of examples of actions and behavior that are
considered unethical. The list is not intended to be exhaustive, and
any action or behavior that is unlawful or violates USCF rules and
regulations, or is inconsistent with the principles of fair play, good
sportsmanship, honesty and respect for the rights of others may be
considered to fall within the scope of this code of ethics.
a. intentional violations of tournament regulations ...
b. cheating in a game of chess by ... giving or taking advice
c. deliberately losing a game for payment or to lower ones rating ...
d. deliberately misrepresenting one's playing ability ...
e. participating in tournament under false name ...
f. participaing in tournament while under suspension ...
g. purposely giving false information ...
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, and for behavior "inconsistent with the principals of this
code" and/or the rules of chess..."
Procedures
6. "Any USCF member may initiate procedures under this code of ethics
by filing a complaint in a timely
manner with the USCF Ethics Committee. In case of any accusation
that does not all clearly under the Standards of Conduct above, the
Ethics Committee shall have the authority to decide whether the alleged
conduct is within the scope of the code of ethics. In the case of each
alleged violation that is within the scope of the code of ethics, the
following steps shall occur in a timely manner:
a. A factual inquiry shall be made by the Ethics Committee, assisted as
necessary by the USCF staff. Previous findings of the Ethics Committee
or other USCF entities may be included among the evidence considered by
the Ethics Committee, if relevant to the circumstances of the present
case. As a part of such an inquiry, any person accused of unethical
conduct shall have the right to examine the evidence against him or
her, the right to respond to the accusations, and the right to produce
written evidence in his or her bahalf.
b. Appropriate sanctions, if any, shall be recommended by the
Ethics Committee. ... Any person against whom sanctions have been
recommended shall be promptly notified.
c. Except as specified in 6e, recommended sanctions shall be deemed
final unless appealed to the executive board by the person or persons
upon whom the sanctions have been imposed, ... such an appeal must be
made within 30 days...
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