January 17, 2014
Dear NAUI Members:
We, the undersigned, are a group of concerned NAUI members who are outraged and alarmed by the unprecedented invalidation of the 2013 BOD election and the subsequent communications that have been incomplete, misleading and factually incorrect. We believe those in power must be held accountable and we, the NAUI membership, deserve a more complete explanation of the facts than has been thus far been provided.
Recent statements from NSG and the NAUI Board of Directors have accused Dave Ochs of electioneering, and presented this as the underlying reason for the invalidation of the 2013 BOD election. The “electioneering” actions involved showing a campaign video to a sum total of 31 NAUI members at two separate CD requalification workshops, well before the election even began.
Regardless, the board and Election Committee were immediately made aware of these incidents. To address any question of fairness, an opportunity was provided to the remaining candidates to also solicit these 31 members privately. It was only after the election results were known, almost two months later, that the 2013 board acted to invalidate this election, doing so under the cover of secrecy by going into “executive session” on December 10, 2013.
It is important to note that of the six directors on the board who voted to invalidate the election, Mark A. Flahan and William Tong were losing candidates in the election, and two more directors, Mark C. Flahan and Michael Tong, are their fathers. Additionally, Michael van Niekerk, had taken a public position of support for losing candidates during the campaign. All of these directors had a clear conflict of interest, yet all five voted to invalidate the election only after they knew the results. Simon Yu was the remaining director who also voted to invalidate. Only three of your elected directors including David Ochs, Lonnie Sharp and Tom Hemphill had the courage and decency to speak against the ill-advised plan to invalidate a democratic election.
You as members have the right to hear both sides. Until now, Dave Ochs has been denied the opportunity to respond to the charges leveled against him. To rectify this situation, we are providing a link to his response to these allegations:
http://www.nwmnetwork.com/blogs/item/from-dave-ochs-regarding-the-emails-from-naui-hq
Please also be aware, there is no NAUI bylaw, Federal or CA State statute, regulation or case law that supports the invalidation of an election by a board of directors in a membership association such as ours. Additionally, Robert’s Rules of Order further stipulates that election results, once announced cannot be rescinded. Despite being asked repeatedly by hundreds of members for the legal basis and authority for their actions, the 2013 BOD has provided none.
As members we should all be outraged at the expense and incalculable damage this has caused our association.
Therefore, as members, we demand that those still serving on the board and NSG:
- Recognize the results of the 2013 BOD Election.
- Stop all efforts to hold a new 2013 election.
- Immediately remove the expired members of the board who are still serving: Michael van Niekerk, William Tong, and Mark A. Flahan.
- Seat the duly elected directors.
As we move forward to resolve this crisis, we would like to stay in touch. We invite you to join other NAUI members at our new social networking site:
This website has been set-up as a member-owned and operated site for those who would like to connect with and exchange ideas with other members.
We also want to inform all NAUI members that legal proceedings are being taken to stop all action by the 2013 NAUI BOD and NSG until the current matter is resolved or the results of the completed 2103 BOD election are accepted.
If you would like to add your name to the growing list of members who are disgusted by the actions of this board and support judicial intervention to enforce our bylaws and legal governance, then please complete this brief survey:
https://www.surveymonkey.com/s/NAUIElection2013
We will not tolerate a precedent that grants this or any board the ability to invalidate an election, regardless of the results. We are a democratic association and we demand the voice of the membership be recognized as the highest authority in governance.
Please join us in our efforts to save our association and return control where it rightfully belongs with all of us! If you would like to add your name as a signatory of this letter, please visit us at:
As a reminder, the NAUI Annual General Members Meeting (AGM) is on Saturday, January 25 at 10:00am at NAUI Headquarters in Tampa. There is no better way to make your voice heard than to be there in person. While we understand that it’s not feasible for everyone to attend, for those who are able to attend, we strongly encourage you. There will be further communications about this in the next few days.
Write your board members and join us in Tampa at the AGM. Be heard! There will a “Friends of NAUI” meeting and social event following the AGM. For more information and to sign-up to attend this important gathering of concerned NAUI members, visit us online at:
Concerned NAUI Members,
- Dan Abbott, NAUI 47148
- Kevin Abbott, NAUI ?
- Rich Alvarez, NAUI 3077
- James Armstrong, NAUI 54740
- Christian Bailey, NAUI 22798
- Chad Barbay, NAUI 7583
- Kevin Barrett, NAUI 32605
- Bill Batten NAUI 53911
- Robert Bauer NAUI 54260
- Art Becker-Weidman, NAUI 54876
- Bob Belcher, NAUI 3836
- Kyle Benger, NAUI 37527
- Douglas Bennett, NAUI 17952
- Randy Berger, NAUI 43682
- Terry Boswell, NAUI 50624
- Jean Pierre Botha, NAUI 8009
- Randy Botteri, NAUI 14267
- Michael Brady, NAUI 20729
- Bob Brayman, NAUI 6058 L
- Tom Brooks NAUI 42340
- Michael Burke, NAUI 53664
- Christy Campbell, NAUI 54210
- R. A. Camus Jr., NAUI 14497
- Alexi Candelario, NAUI 46961
- Bill Cannaday NAUI 53039
- Bob Casell, NAUI 52582
- Ken Charlesworth, NAUI 19780
- Bill Childers NAUI 5709
- Steve Clabuesch, NAUI 12021
- Capt. Steve Coe, NAUI 41871
- Ed Deagle NAUI 45425
- Patrick Michael DeCharles II, NAUI 4194
- Matt Dickey, NAUI 54435
- Gary Donahue NAUI 44981
- Rick Ducey, NAUI 40690
- Dallas Edmiston, NAUI 4099
- Darryl Edmiston, NAUI 19630
- Linda Edmiston, NAUI 44163
- David Elder, NAUI 54914
- Robert Eskew, NAUI 12755
- Cheryl Esposito, NAUI 55424
- Michael Feld, NAUI 50134
- Anthony Ford, NAUI 48401
- Suzanne Foret, NAUI 46659
- Peter Friedman, NAUI 43801
- Jim Gauthier, NAUI 33924
- John Galembush, NAUI 32879
- Courtney Gibson, NAUI 51941
- Sarah Gibson, NAUI 52046
- Gary Hagland, NAUI 7778
- Michael Hanchak, NAUI 52576
- Jeff Heim, NAUI 10880
- Edward Hewett, NAUI 15359
- Kimberly Hewett, NAUI 52829
- Floyd E. Holcom, NAUI 48075
- Jim Holland, NAUI ?
- Billy Hunter, NAUI 44591
- Albert P. Jackowiak, NAUI # 52830
- Craig Jenni, NAUI 13065
- Erik Jensen, NAUI 47608
- Karen Kayser, NAUI 47142
- Ellen Keller, NAUI 36480
- Dana Kersjes, NAUI 17265
- Ian Kinder, NAUI 11045
- Greg Knauer, NAUI 48419
- Mark Kummerer, NAUI 32862
- David Lawrence, NAUI 52541
- Joseph Lee, NAUI 7418 L
- John Lewis, NAUI 51411
- Jonathan Leslie, NAUI 40363
- Rick Lorimor, NAUI 44715
- Timothy J. Lloyd, NAUI 9044
- Karl Lynch, NAUI 54706
- Gary Mace, NAUI 54273
- Charles Machacek, NAUI 49491
- Mack Machacek, NAUI T0000060
- Vincent J. Malkoski, NAUI 8876
- Bill Masler, NAUI 3020
- Alison Matherly, NAUI 38309
- Michael J McCrorey, NAUI 52514
- Sheila McIntyre, NAUI 11220
- Daryl McLaughlin, NAUI 55014
- Gary McLouth, NAUI 41199
- Brian E. McMillan, NAUI 40685
- Malcolm McMillan, NAUI 54424
- Mark Meador NAUI 49258
- Matthew Mead, NAUI 54436
- Rebecca Metcalfe, NAUI 32766
- Peter Meyer, NAUI 4264
- Steve Monk, NAUI 44338
- Barry Moore, NAUI 6790
- Harvey Morash, NAUI 39292
- Tim Moxon, NAUI 47754
- Gene Muchanski, NAUI 3821 L
- Garrett C. Myren, NAUI 52361
- Burhaneddin Zahri Adham Muntasser, NAUI 9650
- Bridgette Nadler, NAUI 34859
- Michael Nadler, NAUI 10546
- David Oldham, NAUI 47797
- Karen Parisien, NAUI 16721
- Stephen Gary Peacock, NAUI 47859
- Randy Pekarik, NAUI 44594
- Geoff Pentz, NAUI 9984
- Mark Pergrem, 32598
- Brian Perry, NAUI 10336
- Lindsay Peterson, NAUI 2775 L
- Joshua Poole, NAUI 55284
- Louis Powell, NAUI 19365
- Todd Rather, NAUI 54492
- David Reid, NAUI 50542
- Sharon Reid, NAUI 50543
- Paul Rentschler, NAUI 39695
- Chris Richardson, NAUI 17055
- David Ross, NAUI 49403
- Steve Rossberg, NAUI 9782
- Ken Sallot, NAUI 19230
- Dan Sansiveri, NAUI 49389
- Richard J. Sass, NAUI 4782
- Ron Schumacher, NAUI 55526
- Jacqueline Selbitschka, NAUI 53021
- Charles “Scooter” Sellers, NAUI 16598
- Allen Sherrod, NAUI 36480
- Matthew Smith, NAUI 51346
- Jeff Smyth, NAUI 51074
- David Snyder, NAUI 52814
- Troy Sorensen, 52954
- Randy Tay, NAUI 54733
- Michael Timmins, NAUI 49856
- Paul Tonovitz, NAUI 53693
- Demetris Touvannas, NAUI 50787
- Rich Travis, NAUI 52030
- Matthew Vinciguerra, NAUI 53958
- Devin Waddell, NAUI 35128
- Genette Waddell, 41328
- J. Stephen Walker, NAUI 47707
- Bruce Weinke, NAUI 5343
- Robert Weller, NAUI 44439
- David Wierzba, NAUI 46736
- Scott Williams, NAUI 53906
- Mark Winscher, NAUI 48031
- Phillip Wood, NAUI 13312
- Beth Wrisley, NAUI 47741
- Keith Wrisley, NAUI 42234
- Jeffery Zilliox, NAUI 11632
Concerned Retail Dive Centers
- Dive Pros Ltd, NAUI F0000947
Dive Industry Association, Inc. 