[Public-List] ...We're not done yet.

[John Birch]

Hi Gord,

Sounds like you've got a real pip there.

As my treasurer used to say at Board meetings when we had a chronically problematic member: 'every so often in business you may need to fire a few customers.' Sounds like this guy may be a candidate. 

Aggressive Sea Lawyers are exactly why I finally gave up racing and race committee. Can't be bothered with the drama race after race. It's just a sailboat race, and a beer can one at that, not like we are curing cancer or anything.

Enjoy the offseason.

Cheers,

JB



-----Original Message-----
From: Public-List [mailto:public-list-bounces at lists.alberg30.org] On Behalf Of Gordon Laco via Public-List
Sent: November 12, 2018 9:38 AM
To: public Alberg 30 List -- open to all
Cc: Gordon Laco
Subject: [Public-List] ...We're not done yet.

I promised George Dinwiddie that I’d provide follow up on events involving our club’s overly aggressive member, the fellow we were in the collision with in September.

In brief recap, in his most recent incident he tried to jam himself between two starboard tack boats sailing nose to tail when he was on port tack, colliding with us in SURPRISE in the process.  We were the second starboard tack boat.   The club decided this most recent in a long series of incidents was provocation enough to issue a Rule 69 charge, and in due course there was a hearing.  The hearing found him guilty and issued a 12 month suspension from racing on Wednesday nights, but allowed him to race in our weekend distance races.  The weekend races have less traffic and would offer him an opportunity to demonstrate an attitude adjustment.  There was a warning that the next transgression might lead to a life-time ban.

Here’s what’s happened since then.

Our member has combed the rule book and the proceedings of the hearing, and determined that he was notified incorrectly of the hearing, and that he was subsequently notified incorrectly of the decision of the hearing board.   Based on that he is appealing his ‘conviction’ to higher yachting authorities.    If his hearing is deemed valid, and is heard by the higher yachting authority, two things can happen.  

- the club’s proceedings may be deemed valid, and the penalty upheld
- the club’s proceedings may be deemed invalid due to the errors or irregularities our member claims, in which case the penalty is overturned.

In the former case, we proceed and he has a chance to redeem himself.  In the later case, the club needs to decide if it’s going to start again by laying the charge, then holding the hearing again, this time taking steps to avoid the claimed irregularities.  There will be a new deliberation and presumably new results.

Or, the club can decide they are fed up with the time and energy being devoted to this members problems,  and not bother to lay further charges under the rules, and just rescind the membership of this person under the clubs own rules and bylaws.  Basically ‘if you can’t play nicely, go and play somewhere else’.    The difference between a club-based suspension and a Sail Canada based ban is that the later is international.   Apparently any suspension under Rule 69 that is longer than four weeks needs to be published internationally and is applied internationally.    

If this person beats the Rule 69 penalty, and the club decides it’s fed up with him and revokes his membership, that is in effect the end of racing for him anyway because there are no other clubs running races within 30 miles of us here on Georgian Bay.  

Any way one looks at it, I don’t think anything good will come of this for the person in question.  I’ve been asked if I would be willing to testify again should the club find itself in the position of re-doing the Rule 69 hearing.  I said I would.  

How tiresome.

Gord
#426 Surprise





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