Announcement Date: August 29, 2016
Below is an email exchange between Doug Rehman, K4AC, and the Ethics and Elections Committee (E&E). The black text is the original email from E&E to Doug and the red text is Doug’s reply to E&E.
Thank you for the Committee’s reply.
A significant point of clarification—I did not ask for Sarratt’s disqualification based upon the flyer—just the retraction of the flyer. I am concerned as to whether my complaint was actually read.
The reason I included AI4KM and N4JTK on the complaint email is that they are directly involved (AI4KM in the photo and N4JTK as the President of OARC, the service mark registrant). It was done for convenience so that had you chosen to do the most basic of due diligence you had merely to reply all, removing anyone you didn’t want to see the reply, and asked Peter and John if my representation of their position was correct. This was in no way a “bullying tactic”.
While I believe the photo to be from 2013, a viewer of the flyer would very likely think the photo was recent.
I will let Peter and John know that they will have to send Sarratt a cease and desist letter as the E&E will take no action.
Am I to take from your closing paragraph that both complaints are completely adjudicated and closed?
I am disappointed with your inaction, but not surprised. It serves to reinforce the narrative of my campaign.
From: Dale Williams
Sent: Monday, August 29, 2016 9:11 AM
To: Doug Rehman
Cc: Olson Kent (KA0LDG) ; Rod Blocksome ; Chris Imlay ; Rick Roderick ; Gallagher, Tom, NY2RF
Subject: Ethics Complaint #2 Against Greg Sarratt, W4OZK
I have your second “ethics complaint” against Greg Sarratt, W4OZK and all three members of the Elections and Ethics Committee have reviewed the flyer you sent and the allegations you have made. It is our collective view that again, you have not made any factual allegation that could possibly lead to disqualification of Greg Sarratt as a candidate for election as Southeastern Division Director or any other sanction, and we decline to further review this complaint. The E&E committee takes its work seriously endeavoring to be always fair and objective. We do not appreciate your bullying tactics and object to your sending copies of this complaint to third parties not members of the ARRL Board, and we would caution you to refrain from doing that in the future. In our view you have filed a frivolous complaint against your opponent and have published that frivolous complaint to third parties. That is in our view an unfair election procedure and if it is repeated we will have no recourse but to consider the effect of your action on your own qualifications to run for reelection and we will notify the rest of the Board of our findings.
You object to a photo in Mr. Sarratt’s flyer of a person who you know (but who is unidentified in the photo) who you say does not support Mr. Sarratt’s candidacy. What the photo illustrates is that two people are shaking hands at a ham radio event in public. There is no quote from the person who you identify as AI4KM to the effect that he supports Sarratt and no identification of the person at all. Two people shaking hands in public in a photograph indicates nothing more than that two people met and shook hands in public, and certainly not an endorsement of anyone’s candidacy for director, especially since you indicate that the photo was taken at an unknown date, perhaps in 2013, long before this election. We assume that AI4KM does not deny that he shook hands with Sarratt at some point in the past and that the photograph is authentic. There is no misuse of the gentleman’s likeness because Sarratt is not making any commercial use of the photo and it was a photo taken in public and is included without characterization. No advance permission is required in those circumstances. Finally, the appearance of the term “Orlando Hamcation” in the flyer does not constitute a prohibited use and even if it did, you are not a proper person to raise that concern.
In our view, Doug, you need to stop these frivolous complaints against your opponent and focus on conducting a clean and informative campaign yourself. We do not anticipate any further correspondence from you with respect to either of the complaints you have filed against Mr. Sarratt.
For the Ethics and Elections Committee
Dale Williams WA8EFK