Hi Jim,

Well, you are probably not going to convince me that the SWR is a very 
democratic or representative organization and I'm probably not going to 
convince you that it is not. I don't think that I have any more to add to that 
discussion other than I would be happy to put my money where my mouth/keyboard 
is and assist the SWR with coming up with a means to institute electronic 
voting for officers and for special elections in significant matters such as 
BLM FOIA's if the leadership or membership so desires. I would appreciate it if 
you would make this known at the upcoming SWR business meeting to see if anyone 
is interested in my offer. If nothing else, electronic voting could save SWR 
members such as Peter Jones thousands of dollars on travelling to NM to 
participate in SWR politics. :)


It is interesting that you mention that Steve Fleming was not appointed by the 
SWR chair but by unanimous consensus of the officers. I just reviewed the SWR 
constitution and read that the chair can delegate authority and assign 
committee chairpersons (Article V. Section 2 A). Bylaws Section 5 indicates 
that the Chair can appoint committees and their chairs. I couldn't find any 
mention in the SWR constitution that chairs can be appointed by unanimous 
consent of officers under than the SWR Chair. Since I'm obviously missing 
something, please let me know under what SWR constitutional authority did the 
officers appoint a federal liaison position independent of the chair?


Unfortunately, I do think that the SWR is now in the same barrel of poop as the 
CBD. I think that you have created a concise and entertaining way of explaining 
the situation. Please don't blame me and the many other members who were never 
consulted on the decision to jump in that barrel. You, your fellow officers and 
a few outspoken and influential SWR members have yourselves to blame for 
joining the CBD in that stinky mess. You claim that the CBD operates by threat 
and open intimidation but that the SWR asks. I think that filing a FOIA comes 
under the realm of asking at gunpoint or via a lawsuit rather than asking with 
a smile and open heart.


I appreciate your offer to exit the SWR and start another region, but I think 
I'll stick with the SWR as I think that it has a lot of good things going for 
it. There are a lot of SWR members engaging in proactive caving projects and 
positively contributing to caving and I think that is great. I also really like 
the SWR purpose: The specific purpose of the Southwestern Region shall be a 
non-profit organization to further the discovery, exploration, scientific 
study, and conservation of caves, especially in New Mexico and the area of 
Texas west of the southern projection of the eastern boundary of New Mexico; 
and to promote safe techniques of cave exploration.


I've probably just about run my course on this discussion. It has been fun. I 
think that everyone knows what my perspective is on the BLM FOIA and the lack 
of a democratic SWR, so I'll sit back for a while and let others have the 
virtual floor.


Happy caving.


Stan



-----Original Message-----
From: Evatt <[email protected]>
To: Stan Allison <[email protected]>
Sent: Wed, Jun 4, 2014 7:28 pm
Subject: Re: [SWR] SWR BLM FOIA a mistake




 

 

From: Stan Allison 
Sent: Wednesday, June 04, 2014 5:17 PM
To: [email protected] 
Subject: Re: [SWR] SWR BLM FOIA a mistake

 

Hi Jim, 
 
Thanks for your response. I would have to disagree with your assessment that 
the SWR is far more democratic than the USA or the NSS. I can participate in 
USA elections and NSS elections without having to drive across the state. Yes, 
the NSS officers are elected by the BOG, but I can vote for the BOG online once 
again without having to drive across the state. If we take the example of what 
happened at the SWR perhaps a humorous analogy at the USA level would be if 
President Obama appointed his spouse Michelle Obama to be the new liason with 
Russia and then Michelle declared war on Russia without consulting Congress or 
without the President's explicit approval. I hope everyone can see the humor in 
this because I really don't think the BLM is the equivalent of Russia and 
Michelle Obama is much better looking than Steve Fleming. I know that jokes 
don't transmit well via the Internet, but believe me I'm smiling as I write 
this and I hope that all of you will find this mildly entertaining as well.
 
Hi Stan,
 
Voting for NSS BOG is again, not the same thing as voting for its officers. 
Please understand that. And you will be voting for voter representatives you 
probably have never seen or met, persons whose tiny paragraph on the ballot 
site is the only thing you will ever know about them. The solution to not 
knowing them? Go to meetings and meet and talk with them. If you believe blind 
voting by electronic ballot is superior to knowledgeable voting, you might 
consider electing not to vote.
 
In any government election, you can get up, put on your shoes and preferably 
some clothing and go out and vote, at a public polling precinct location. Or 
you can request an absentee ballot, fill it out at home and pay postage 
(equivalent to a minor poll tax) to mail it back. But you cannot vote 
electronically, and you cannot vote for the Presidential candidate.
 
Stephen Fleming was not placed in the liaison position because he was the 
spouse of the Regional Chair. He was allowed the position because, purely and 
simply, he is by far the best FOIA writer the region has, or has had in the 
last 20+ years. He has proven it time and time again.
 
Fleming was not appointed to the position by the SWR Chair. He was placed into 
the position by unanimous consent of the SWR officers, to fulfill the vote (by 
unanimous consent of the membership who attended the last SWR meeting) to 
elicit answers concerning the cave closure act, which had expired without being 
renewed in Jan. 2013.
 
I attended the SWR Winter Technical in December 2013 so I assume that you are 
including me as one of the 70 who demanded answers from the BLM. While I would 
like to have answers from the BLM, that doesn't mean I endorsed a FOIA. 
 
What do you endorse, then? Letters and phone calls to BLM officials have gone 
unanswered for over three years. If you have a better idea, I’d like to hear 
it. So would the region. 
 
I don't recall any mention of a FOIA at the SWR Winter Technical in 2013, so I 
don't think it is safe to assume that all 70 attendees were in support of a 
FOIA that hadn't even been brought up at the time. If I recall correctly, the 
most recent SWR Caver stated there were 147 SWR members as of the 2013 Winter 
Technical. Since there isn't any way for the leadership to census all 147 
members or have any kind of a vote that involves all members, I don't think 
that anyone can state what most of the SWR membership wants on any issue since 
no one actually has taken the measurements necessary to make such a statement.
 
Of course not. If you have an issue to present or a comment to be heard, and 
cannot attend a meeting, send it via email to an officer or hand it to another 
grotto member who is going. You wouldn’t be the first and I’m certain you’d not 
be the last. But those who sit back and say and do nothing cannot be heard. And 
polling members in abstencia is helpful for trend analysis but cannot replace 
voting. Are you willing to take on the job of polling those folks after each 
regional meeting? I’ll mention it at the next meeting if you are interested.
 
The FOIA did not become an issue until it was briefly mentioned at the April 
meeting. Because BLM had openly refused all previous requests for information 
and updates, it became the only avenue left to travel. You treat it as a 
condemnation, which it is not. It is a legal request for information. Only.
 
As a reminder to you and Steve Peerman who have both brought up my employment 
with the federal governenment, I'm involving myself in these discussions as a 
SWR member on my own time. The BLM FOIA does not involve the agency that 
employees me. Yes, I work for the federal government as does our current Chair 
who has worked for the USFS and BLM as well as our last Chair who worked for 
the USFS and BLM as well as our new Federal Liason who is retired from the BLM 
and NPS. Quite a few active SWR members are federal employees/retirees or 
federal contractor employees/retirees. Hopefully I can still be involved in SWR 
issues as a member on my own time and represent my own personal concerns 
without having them be marginalized because of my employment.
 
And I respond that those officers have sided with the region in the dialogues 
and attempted dialogues with the federal land management agencies. And I 
reiterate that they take the time to go to meetings. And take the time to stay 
current with the issues, which are published (meeting minutes in the SW Cavers) 
for regional members.
 
Criticizing the region, its officers and members, and their actions because you 
were outvoted and outvoiced is not going to make anything better. If you 
dissent, fine, let it be known. If enough dissent, the voting (and perhaps the 
voting procedure) will change. Dissent is encouraged, just a brainstorming 
sessions are in business. But just because you disagree is no reason to decry a 
unanimous vote for answers as a blunder. If you have polled all of the members 
who did not attend the last meeting and the vast majority did not want the BLM 
information elicited, you have cause. If not you were outvoted, and should get 
on with being a proactive member and not a outside lobbyist.
 
And please do not ever place us in the same barrel of poop that is CBD. They 
act by threat and open intimidation, we ask. Seems BLM has decided to ignore us 
both, so far.
 
And if you don’t like the Southwestern Region or it’s actions, no one is 
stopping you from forming your own Region. Many a successful political party 
has started just that way. NSS Regions, too, including ARA. I’ll be the first 
to wish you luck and Godspeed.
 
Good caving and even better meeting-going,
 
Jim
 
 
 
Once again, I hope you have a great time at the Regional and thanks for 
considering my concerns.
 
 
 
Stan



-----Original Message-----
From: Evatt <[email protected]>
To: Stan Allison <[email protected]>
Cc: Peerman Steve <[email protected]>; Sorensen Peg <[email protected]>; 
Fleming Steven <[email protected]>; Belski Dave <[email protected]>; 
Harrington Ken <[email protected]>; Blake Jordan 
<[email protected]>
Sent: Wed, Jun 4, 2014 5:55 am
Subject: Re: [SWR] SWR BLM FOIA a mistake




 

 

From: Stan Allison 
Sent: Tuesday, June 03, 2014 10:08 PM
To: [email protected] 
Subject: Re: [SWR] SWR BLM FOIA a mistake

 


Hi Steve and Evelyn, 
 
Thank you for your responses. You are correct that I don't attend SWR regional 
meetings, partially because I work weekends and partially because I would 
rather be caving, hiking or backpacking! :) However I think that it is possible 
that the consensus of the small number of cavers who attend the SWR regionals 
may differ from the consensus of the approximately 150 members of the SWR. As 
Evelyn pointed out, the regionals have poor attendance.  The small group that 
attends regionals may or may not represent the make-up of the entirety of the 
SWR. There are many other SWR cavers like myself who are unable to attend SWR 
regional meetings, but still might like to participate in major decisions such 
as the BLM FOIA and the creation of a federal liason. If either of you are 
interested, perhaps you could bring up the idea at the upcoming regional about 
having the SWR enter the digital age and have officer elections and other 
important events done electronically so that all members can participate 
whether they can attend regionals and winter technicals or not.
 
While only a few people have spoken out on the discussion board against the SWR 
BLM FOIA, once again, that may not represent the thoughts of the membership as 
a whole. Many folks don't actively participate in the discussion board and some 
folks might feel intimidated to speak their minds if they disagree with what 
may correctly or incorrectly be perceived as a strongly held majority 
viewpoint. Others may be smarter than myself and just not want to enter the 
fray! :)
 
The SWR BLM FOIA is out of the bag and while we disagree about whether it will 
accomplish the goals of the SWR or not, I hope that this issue will prompt the 
officers of the SWR to create a more democratic and representative organization 
in the future. 
 
Stan,
 
Elections are open to any member of the region, and are held at the most 
attended meeting each year – the Winter Tech – which usually draws half or more 
of the membership, anywhere from 60 to 90. Having that many vote is far better 
than the percent who vote in U.S. Presidential elections. And U.S. citizens do 
not vote directly for the President. 
 
And the NSS? Their officers are not elected by the membership at large either. 
They are elected by the Board of Governors. That board elects in a closed 
session – one that the membership at large cannot attend. 
 
We are far more democratic than either.
 
I have said for generations that if one does not vote, one should not complain.
 
Several years ago I joined an organization here in Albuquerque. They shall 
remain nameless. Less than a month after I joined I was approached to consider 
running for the board of the org. I responded that I was as a newbie, I was not 
comfortable doing that just yet. Later I found out that the membership had NO 
say-so in the elections, that the officers (only) elected the officers AND the 
board members! Self-perpetuation. Despotism?! I attended no more meetings and 
let my membership lapse at the end of that year.
 
Almost always the SWR meetings have employees of federal land management 
agencies attend, and not just the Winter Tech. Some are there in official 
capacity, some not. So others find time in their Federal schedules and choose 
to be heard, not go hiking instead, which they can do 48 weekends a year 
without missing a Southwestern Region meeting.  It is still the best open forum 
for discussion and dissention, and any comments on any issue or topic are 
heard. If anyone with an opinion is slighted at the meetings, the officers want 
to know so that it does not recur.
 
I would also hope that in the future, if some particularly significant and 
controversial action is being debated that the SWR officers will use Article VI 
Section 2 of the SWR Constitution to declare a special meeting and have that 
meeting in a digital fashion so that all members can participate whether they 
can physically make it to the meeting or not.
 
A good many members over the last 50 years have been silent members who won’t 
even use letters or emails to be heard, much less attend meetings; many if not 
most of them do not want to become involved in cave politics at any level. They 
just want to go caving, or keep up with the caving exploits of others. 
 
The WNS/cave closure issue, and the lack of communication from the closure 
agencies, particularly the BLM, has been heard and discussed at SWR meetings 
for over 3 years. It is not new. At the winter tech last December, the 
membership voted for a SWR communiqué to BLM regarding the process for 
reopening those caves that were still, and illegally, closed. That issue was 
reintroduced at the April meeting, and it was clear that everyone who who was 
in attendance wanted answers. The discussion on this topic alone, at this 
meeting alone, was an hour long. For three years running we had received no 
responses to letters and emails to BLM regarding the issue. Hence the FOIA, the 
only avenue open that does legally mandate a response.
 
The lack of communication issue within BLM is of no benefit to them or to the 
Southwestern Region, but there never would have been a FOIA had BLM been open 
and responsive earlier in the (attempted) dialogue.
 
The continued cave closure violated law after the expiration of the closure 
order. It was also breach of contract with the SWR (the Memorandum of 
Understanding with NM BLM).
 
Not everyone has been in favor of the FOIA. There will always be dissenters in 
any issue or communication. So far I’ve counted not more than six who disagree 
with the FOIA, out of forty who demanded answers, by vote, at the last SWR 
meeting, and the nearly 70 in attendance at the Winter Tech Dec. 2013. Of those 
who disagree, only one is not a federal employee. The officers of the region 
have been responsive to the overwhelming majority of the members’ wishes.
 
As Steve Peerman states, the aftermath of the last disagreement with BLM (fee 
demo) resulted in a stronger relationship with BLM than ever before. There were 
several FOIAs issued in that issue. It became a win-win-win result for the BLM, 
the cavers and the cave envoronments.
 
I hope that everyone who attends the Black Range SWR will have a great time and 
I look forward to seeing Steve on the 17th. Good caving to all.
 
Glad to hear from you, Stan. Please come to a meeting every now and then.
 
E ^v^
 
Stan
 

-----Original Message-----
From: Steve Peerman <[email protected]>
To: Stan Allison <[email protected]>
Sent: Sat, May 31, 2014 7:35 am
Subject: Re: [SWR] SWR BLM FOIA a mistake


Stan, 
You are certainly entitled to your opinion and there are aspects of the way 
that this has evolved that I wish had happened differently.  However, I would 
like to respond to some of your concerns.

 

On May 30, 2014, at 8:22 PM, Stan Allison wrote:


  
Southwestern Cavers,
  
 
  
I am writing to you as a Southwestern Region member and   as a caver who leads 
and participates in exploration, survey and cartography   projects as well as 
scientific projects and recreational caving on BLM managed   lands. I want to 
express my disappointment in both the Southwestern Region   officers submitting 
a FOIA request to the BLM and the manner in which it was   submitted without 
consulting with the SWR membership until after the FOIA had   been submitted.

 
At the last regional meeting, on June 12, there was a general consensus of 
those present that "something should be done" in regards to the BLM's closure 
of the caves, but the exact nature of what should be done was not clear.  
Regional Chair Meg Sorensen was directed by the membership to write a letter to 
BLM asking what the management plan was for the caves that were closed under 
the Federal Register.  However she found herself in a difficult position, as an 
employee of the USFS, dealing with cave management issues herself.  She had a 
conflict of interest, as you yourself have as well.  This letter from her had 
been requested by the SWR membership as early as September, 2013, but had not 
been done (and, to my knowledge, has still not been done).  
In your position at Carlsbad Caverns, I think you may be somewhat shielded from 
the general feeling of cavers in the region.   (How many regional meetings have 
you attended in the last x years?  I know, your work schedule makes it 
difficult to attend regularly.)  For the most part, the active cavers of the 
region feel that the BLM has overstepped its authority in closing the caves, 
since the expiration of the Federal Register notice.  They don't believe there 
is sufficient reason for closing the caves, and that the closure has been done 
contrary to the BLM's own policies.  However, the expression of these concerns 
to BLM has fallen on deaf ears, so the FOIA request is an effort to get their 
attention.  


  
  
I believe that the FOIA request is a bad idea for the   following reasons:
  
  
    
I don’t     think that this FOIA will result in any change of management or 
closures of     BLM caves. Reviewing the hundreds to thousands of BLM WNS 
related emails and     correspondence will probably take tens to hundreds of 
hours and will     probably not reveal anything that we don’t already know. 
Even if we do learn     something new, I doubt that it will be substantive 
enough to require the BLM     to make any significant changes in cave 
management   policies.


 
I certainly hope you are wrong about this.  The BLM, as a federal agency, MUST 
be responsive to the public.  They don't have to agree with our concerns, but 
they must listen to them and they must justify their actions.
 
  
  
    
Submitting     a FOIA request to the BLM is the same tactic that the Center for 
Biological     Diversity (CBD) used with the BLM. I don’t agree with the CBD’s 
tactics in     dealing with WNS and federal agencies and in particular don’t 
want to see     the SWR emulating the CBD’s tactics. I have heard SWR     
members and officers complain about the CBD tactics in dealing with WNS and     
am surprised that we are now following in their   footsteps.


 
The submission of a FOIA request should not be viewed negatively.  I wish that 
the BLM had been more open and responsive to this point, but they were not.  (I 
can't tell you how many e-mails to various folks in BLM about the closure issue 
have gone unanswered.)  What makes the CBD so repulsive is their threats of 
lawsuit. 

  
  
    
Responding     to this FOIA will take BLM cave managers away from their duties 
of managing     caves and will mean that our tax dollars spend more time on 
responding to a     frivolous FOIA request rather than managing caves and   
karst.

I agree, and I wish it had not come to this.  But it did.

  
  
    
The SWR     has a long history of cooperating and working with the BLM. While 
we     certainly don’t always agree with everything that the BLM has done, I 
think     that this FOIA request will damage the SWR BLM relationship and cause 
more     harm than good. I don’t believe that the FOIA request will further the 
goals     of the SWR.


 
Back in the '90s, the Fee Demo program came about.  Both the BLM and the USFS 
made plans to collect fees for caving.  The SWR fought both agencies and 
convinced both to drop their plans.  The meetings were often quite contentious, 
but at least there was a dialog.  There has not even been a dialog in the 
closure issue.  At any rate, after the dust settled from the Fee Demo debacle, 
the relationship between the SWR and both agencies was stronger than ever.  The 
HGRP was a direct result of the confrontation between the SWR and the USFS.


  
  
  
  
I am also disappointed with the SWR officers in not   consulting with the 
membership before creating a new Federal Liaison position   and submitting a 
FOIA to the BLM. It appears that a false sense of urgency was   created in 
order to rush the process along without consulting the membership.   I would 
also hope that a SWR Federal Liaison would work to maintain and build   the 
SWR/BLM relationship rather than damaging our relationship. I think   that the 
SWR officers   have made a mistake in creating and filling a Federal liaison 
position without   consulting with the membership and that submitting a SWR   
FOIA request to   the BLM without   consulting with the membership was also a 
mistake. I’m hopeful   that the SWR’s past   record of excellent cooperation 
with the BLM in cave   management, science, survey, bat monitoring, 
exploration, cartography,   education, photography, restoration and 
recreational caving will help us   maintain a good working relationship with 
the BLM in the   future despite this recent blunder.

 
I disagree that it was a blunder.  It was a consequence of actions that had 
occurred over a considerable amount of time.  It was also a consequence of SWR 
Chair Meg Sorensen's conflict of interest.  She could not effectively address 
this issue.  By appointing Stephen Fleming as a Federal Liaison, the SWR 
membership could have an effective spokesman.


  
  
 
  
Thank you for considering my concerns and good caving to   all of you.

 
We all have our concerns and we should always feel free to share them.  The 
next SWR meeting is coming up in a few weeks (June 14-15) in the Black Range.  
I know you'll be caving in FSC but I hope lots of cavers will attend the 
regional and voice their concerns about this issue.
I'm planning on being at the Field House on the 17th when your trip comes out.  
Maybe there will be some response from the BLM to discuss at that point.


  
  
 
  
  
Stan   Allison
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Steve Peerman
 
"Twenty years from now you will be more disappointed by the things you didn't 
do than by the ones you did. So throw off the bowlines, Sail away from the safe 
harbor. Catch the trade winds in your sails. Explore. Dream. Discover."
    attributed to Mark Twain, but no record exists of his having written this.


 





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