Some controversy has arisen of late concerning a motion made in the ARRL board for the adoption of rules collectively known as ByLaw 46. Non-profit corporations in many states operate under so-called "sunshine laws" that stipulate that official business must be conducted in public and that all corporation documents and proceedings are open for public scrutiny. Governments effectively subsidize non-profits through the exemption of taxes, which gives them an operating advantage over for-profit businesses in the same sector. The proceedings of a non-profit's governing board are therefore subject to public scrutiny since the public has a direct investment in the organization's status. The ARRL is a certified 501(c)(3) entity. However, The proposed ByLaw update appears to amount to a "Mushroom Law", i.e., people are left in the dark and fed manure. A growing opinion is that the ARRL seeks to consolidate its executive power by eliminating dissent, maintaining a secret handbook, and gagging its own current and former directors with respect to ARRL's business. The level of specificity in the proposed rules suggests that an untold story lies behind them. A legal analysis has been penned by Fred Hopengarten, Esq., K1VR, who is also a Past Director of the New England Division. Have a look at his analysis here: https://www.kb6nu.com/wp-content/uploads/2024/01/K1VR-statement-on-bl46-motion.pdf K1VR provides compelling conclusions based on his experience as a lawyer, a long-time ham, and a former ARRL Division Director. It's an interesting read. Please note that the opinions expressed by K1VR do not represent the official position of QRZ and are provided here solely for informational purposes. 73 -fred AA7BQ
Right on, Fred, thanks. I would add that even candidates for director would gagged, making it extremely difficult to elect anyone who disagrees with the incumbent BOD. There is also a thread on the proposed bylaw at https://forums.qrz.com/index.php?threads/the-code-of-conduct-is-back.895082/
Salient documents in this discussion are listed here: https://forums.qrz.com/index.php?threads/arrl-january-2024-meeting-documents.895830/ 73 Tom W9YW
Summary from lawyers' analysis: Full PDF: https://www.kb6nu.com/wp-content/uploads/2024/01/K1VR-statement-on-bl46-motion.pdf QUOTE: Proposed ByLaw 46 is a Terrible Idea By Fred Hopengarten, Esq., K1VR Past Director, New England Division Why? It keeps secrets from members You don’t know what it says Sometimes, you can’t even find out what it says Prevents Board members from talking to old friends without seeking permission Can overturn elections An accused has little, if any, ability to defend himself before banishment It is illogical when it prevents seeking input from members Violates state law The goal is elimination of dissent from the Board. It is designed to be revenge against meddlesome Directors, and it would prevent new thinkers from being elected UNQUOTE
The most troubling part of this whole thing is the shadow board. You have 10 directors who meet in secret and agree to essentially nullify the votes of the other 5. This may be illegal, but at the very least it is extremely unethical. My understanding is that Fred Kemmerer, AB1OC is the ringleader of this, and of course the head of staff David Minster, NA2AA is calling some shots since he and Kemmerer meet regularly. AB1OC is up for election this year.
I should have been a little more specific about the source. I take it that this is the latest "Cloak & Dagger" tactics by the ARRL Board that may drive away new and old membership.
I have read the “ARRL's Proposed New Bylaw 46” and the “ARRL Board Member Statement on Authority, Responsibility, and Expectations”. I fully support the “Proposed New Bylaw 46”.
Update: Rather than wait until my membership expires in July, I emailed ARRL HQ this morning cancelling my membership immediately. I hope they have fun opening their Monday morning emails; something tells me I'm not the only one who will (sadly) abandon, after all these years, the organization that was once central to U.S. Amateur Radio Service licensees. Adios...
Hard to believe that anyone is even remotely surprised by this. It is amazing that such a small group of people can put such a distasteful spin on the ARRL. In this "anything you can get away with is OK" society we are racing to construct - this appears to me to be just another no-fault way of suppressing opposition with impunity. I suspect there are other forces in play, but that's a separate conversation. I'll send a letter and tell them it smells like a hollow power grab, but more importantly I'll just get back on the radio.
I wish you guys would stay around and vote. Reduced membership numbers do not faze them at all. They’ve planned for this. What does scare them to death are the members voting them out or recalling them.
