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- Published: Monday, 30 July 2012 12:04
- Written by Special Operations Association (SOA)
Caption John Giduck
DATE: JULY 20, 2012
SUBJECT: THE BOARD REVOKES THE SOA HONORARY TITLE OF MR. JOHN GIDUCK
THE CORPORATE PURPOSES OF THE SPECIAL OPERATIONS ASSOCIATION (SOA) AS SET FORTH IN THE BY LAWS INCLUDE: PERPETUATION OF THE ESPRIT DE CORP OF THE SPECIAL OPERATIONS COMMUNITY, FRATERNALLY UNITING SPECIAL OPERATIONS VETERANS, AND ENCOURAGING MEMBERS OF THE SOA TO ESTABLISH A FRIENDLY PERSONAL RELATIONSHIP AND A SPIRIT OF COOPERATION.
THE DIRECTORS OF THE SOA ARE CHARGED WITH THE RESPONSIBILITY OF OPERATING THE SOA IN ACCORDANCE WITH THE BYLAWS.
MASTER SERGEANT JONATHAN CLOUSE IS AN ACTIVE DUTY SPECIAL FORCES SOLDIER AND A GENERAL MEMBER OF THE SOA.
MR. JOHN GIDUCK IS A LAWYER AND AUTHOR WHO ALSO CONDUCTS TRAINING SEMINARS. MR. GIDUCK PREVIOUSLY OFFERED TO AND DID PROVIDE PRO BONO LEGAL SERVICES TO THE SOA.
MR. GIDUCK DOES NOT QUALIFY TO BE A MEMBER OF THE SOA. HOWEVER, THE SOA BOARD VOTED TO AWARD MR. GIDUCK NON-MEMBER STATUS; SPECIFICALLY, HONORARY TITLE OR STATUS. A PERSON GRANTED AN HONORARY TITLE IS NOT A MEMBER OF THE SOA AND HAS NO VESTED MEMBERSHIP RIGHTS UNDER THE BYLAWS.
A LEGAL DISPUTE HAS DEVELOPED BETWEEN MR. GIDUCK, MSG CLOUSE AND OTHER PERSONS CONCERNING POSTS MADE ON A WEBSITE CALLED “SOCNET”; SPECIFICALLY, MR. GIDUCK CONTENDS HE HAS BEEN THE VICTIM OF LIBELOUS STATEMENTS AND THREATS.
MR. GIDUCK SENT A DEMAND LETTER IN WHICH HE ALLEGED THAT MSG. CLOUSE HAD PARTICIPATED IN A CONSPIRACY TO INJURE OR DAMAGE HIM OR HIS PROPERTY. MSG CLOUSE, THROUGH HIS LAWYER, REQUESTED THAT THE SOA PROVIDE INDEMNIFICATION FOR THIS CLAIM.
THE SOA REPORTED THE REQUEST FOR INDEMNITY TO ITS INSURER. A DEDUCTIBLE WAS PAID AND COUNSEL RETAINED FOR THE SOA.
IN ACCORDANCE WITH ITS RESPONSIBILITY TO ENSURE THAT THE SOA IS OPERATED IN COMPLIANCE WITH THE PRINCIPLES SET FORTH IN THE BY LAWS, THE BOARD INITIATED AN INVESTIGATION. A REQUEST FOR INFORMATION WAS SENT TO THE LAWYERS FOR MSG. CLOUSE AND RESPONSES WERE SENT TO SOA LAWYERS.
A LETTER REQUESTING INFORMATION WAS ALSO SENT TO MR. GIDUCK. THIS LETTER REQUESTED THAT MR. GIDUCK PROVIDE INFORMATION CONCERNING STATEMENTS ALLEGEDLY MADE BY MSG. CLOUSE.
THE BOARD ALSO ADVISED MR. GIDUCK THAT, ALTHOUGH IT COULD NOT DICTATE OR CONTROL HOW HE CONDUCTED HIS PERSONAL AFFAIRS, HE WAS ASKED TO TRY TO PROMPTLY RESOLVE THIS DISPUTE WITH MSG CLOUSE BECAUSE BOTH WERE ASSOCIATED WITH THE SOA. IF HE WAS UNABLE OR UNWILLING TO RESOLVE THE DISPUTE, THE BOARD ASKED IF HE WOULD AGREE TO SUSPEND HIS HONORARY TITLE DURING THE COURSE OF HIS LAWSUIT.
IN RESPONSE, MR. GIDUCK SENT A LETTER DEMANDING THAT THE BOARD PRODUCE A FOUR PAGE LIST OF INFORMATION AND ACCUSED THE BOARD MEMBERS OF BEING “COMPLICIT IN THIS CAMPAIGN OF ILLEGALITY AGAINST ME”. MR. GIDUCK PLACED THE BOARD ON “FORMAL NOTICE” THAT HE CONSIDERED THE BOARD MEMBERS TO BE PARTIES TO A CONSPIRACY TO “RUIN HIM FINANCIALLY”.
AFTER DUE CONSIDERATION, THE BOARD HAS CONCLUDED THAT A PERSON WHO ACCUSES THE MEMBERS OF THE BOARD, WHILE ACTING IN THEIR OFFICIAL CAPACITIES ON BEHALF OF THE SOA, OF BEING “COMPLICIT” IN AN “ALLEGED CAMPAIGN OF ILLEGALITY” CANNOT PROPERLY BE CONSIDERED FOR OR CONTINUED IN HONORARY TITLE OR STATUS WITH THE SOA. SUCH ACTS ARE NOT CONSISTENT WITH THE PRINCIPLES OF THE SOA.
THE BOARD IS ALSO AWARE THAT MSG. CLOUSE MADE A REQUEST FOR INDEMNITY AND MAY INITIATE LEGAL PROCEEDINGS AGAINST THE SOA. THE BOARD IS FURTHER AWARE THAT AFTER MSG. CLOUSE LEARNED HE HAD BEEN SUED, HE MADE INTERNET POSTS WHICH WERE CRITICAL OF SOA OFFICERS.
HOWEVER, MSG. CLOUSE IS A GENERAL MEMBER OF THE SOA IN GOOD STANDING. AS SUCH HE IS ENTITLED TO CERTAIN RIGHTS UNDER THE BYLAWS, INCLUDING NOTICE AND THE RIGHT TO PRESENT EVIDENCE TO THE MEMBERSHIP. THE BOARD WILL REQUEST THAT COUNSEL FURNISH A REPORT ON THESE MATTERS.
THEREFORE, THE BOARD HAS VOTED TO REVOKE THE HONORARY TITLE OF MR. GIDUCK FOR THE REASONS STATED ABOVE INCLUDING THE FACT THAT HE ACCUSED MEMBERS OF THE BOARD, WHILE ACTING IN THEIR OFFICIAL CAPACITIES ON BEHALF OF THE SOA, TO BEING PARTIES TO OR COMPLICIT IN UNLAWFUL ACTS. SUCH STATEMENTS AND CHARGES ARE CONTRARY TO THE PRINCIPLES OF THE SOA AS STATED IN THE BYLAWS. HONORARY TITLE IS GRANTED BY THE BOARD AND MAY BE REVOKED BY THE BOARD.
THE BOARD RECOGNIZES THAT MR. GIDUCK HAS A RELATIONSHIP WITH SOME MEMBERS OF THE SOA AND THE BY LAWS PROVIDE THAT ANY MEMBER OF THE SOA MAY AT ANY TIME REQUEST BY APPLICATION THAT MR. GIDUCK’S HONORARY TITLE BE RECONSIDERED. ANY APPLICATION WILL BE GIVEN CONSIDERATION AS REQUIRED BY THE BYLAWS.
THE BOARD OF DIRECTORS, SPECIAL OPERATIONS ASSOCIATION.
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