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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