Daryl's Status

Knight of the Living Dead

We have some sad news regarding Daryl.

On June 5, 2011 he was engaging Larry Flesher, Chair of the Disciplinary Hearing for Mr. Lytton, of a point that the Evidentiary Phase of Charge #1 was based upon false evidence. This caused an anxiety attack which Daryl was not able to control with his usual medication, so he called 911.

911 said he might have pneumonia and so was taken to the hospital where not only was that confirmed, but they also found cancer in such an advanced stage it can not be operated on.

June 10, 2011 he was moved to the new Solari Hospice, a very fancy place exclusive to 12 patients at a time each with their own private suite. Medications for Daryl were determined, his conditions stabilized as best as possible, and on June 18, 2011 he was taken home. The hospital said he has about 60 days to live; the hospice said 90.

Herd of the Hearing

Unrelentingly, the core corrupt group of the Advisory Board pushing to have Daryl slaughtered by what ever means possible, insisted the hearing be resumed immediately. Charge #1 against Daryl:

"Mr. Lytton has violated the USGenWeb Grievance Procedures by publishing both redacted and unredacted versions of confidential emails exchanged during the grievance process. He has also published on mailing lists confidential information regarding issues, decisions, and the identities of participants in the grievance process. His breaches of confidentiality are in violation of the Grievance Procedures, Section E:
http://gc.usgenweb.org/procedures.html"

Thanks to a brave member of the AB with a conscious, we now have the facts of what happened. The USGenWeb Advisory Board (AB) had no proof of Daryl breaking the grievance procedures confidentiality rules, although proof of the charges being true was required before Daryl was notified of the charges and of the hearing.

Here is the proof the AB offered for Charge #1 being true; this was the cause of Daryl's anxiety attack. Pat Asher posted the message, Daryl added the numbering system when he replied (below):

1a -- http://www.mindspring.com/~dlytton/2010/
(OHGenWeb grievance)

1b -- http://sites.google.com/site/genwebstalkers/
(many -- for example

1c -- http://search.freefind.com/find.html?id=78620917&map=0&page=0&ics=1
(See all 3 pages of site map)

1d -- http://sites.google.com/site/genwebstalkers/home/new-site/gcc
(Diane's files)

1d -- http://sites.google.com/site/genwebstalkers/home/new-site/diane-disciplinary-hearing

1e -- http://archiver.rootsweb.ancestry.com/th/read/usgenweb-sw/2010-06/1277061236
(identifies Nola)

1f -- http://archiver.rootsweb.ancestry.com/th/read/USGENWEB-SW/2011-04/1302905553
(identifies the mediator and claims denial of right to representation)

1g -- http://archiver.rootsweb.ancestry.com/th/read/usgenweb-sw/2011-04/1301958776
(identifies Nola and claims conspiracy to declare MNIGS)

1h -- http://archiver.rootsweb.ancestry.com/th/read/usgenweb-sw/2010-06/1276997691
(states he is playing a game with confidentiality)


Now then, Tina had already stated the only confidentiality rules of the grievance process in place at the time Daryl allegedly broke them were:

"Because grievances are considered personnel matters, all [GC] volunteers must state that they are willing to abide by strict confidentiality requirements. Volunteers must also state that they understand that violation of this confidentiality agreement will mean immediate expulsion from the Grievance Committee, and could result in determination of Member Not in Good Standing by the Advisory Board."

"All discussion regarding the issues during the grievance process is to be considered privileged and private, and shall not be disclosed during or after the process by either the team or either party, except as allowed by these procedures."

"The mediation process is confidential, and parties involved must agree to uphold that confidentiality unless ALL parties agree to the contrary."

"The arbitration process is considered confidential, and parties involved must agree to uphold that confidentiality unless ALL parties (including volunteer arbitrators and witnesses) agree to the contrary."

Daryl's Response to the Charges

as told to the Disciplinary Hearing Committee June 27:

"1a -- Not valid. Refers to my OHGenWeb Grievance #1 which was BEFORE there was a GC and GC Procedures with confidentiality rules (Cyndie can verify that). The pages even come right out and state "my OHGenWeb Grievance #1" ... which seens to verify what I have been claiming for years, that the AB is clueless as to the differences between my OHGenWeb Grievance #1, and #2 which was wrongfully rejected after being accepted twice by two separate GCs."

"1b -- Not valid. http://sites.google.com/site/genwebstalkers/ includes hundreds of pages. Without listing particular URLs this charge is not valid, as it does not list pages I can refer to in order to defend myself. It should also be noted that I was NOT the author of any of the pages at that URL and thus impossible for me to have broken any confidentiality rules, as the rules apply only to members of the GC and parties in grievances."

"1c -- Not valid. ibid."

"1d & 1d -- Not valid. As the [items at] the URLs states, it is authored by Diane Siniard not me."

"1e -- Nola's grievance against me was declared to be invalid. i.e., her "complaint" wasn't a valid complaint. Complaints that aren't vaalid, are not confidential as they are not complaints, they are no more than simply people complaining, which is a Rights of Members protected by Sturgis. Adding to that, Nola gave me permission to talk about her complaint, although not being valid I needed no permission as no confidentiality was broken. Nola's complaint was not valid because after 42 pages of complaining, she couldn't find any rules I had broken. That's because I don't break rules."

"1f -- Not valid. Does not pertain to me, as the Confidentiality Rules pertain only to the GC members and parties in a grievance. However ... I very stribgky protest the AB knowing the GC has broken rules and has refused to do anything about it, but the AB wants to punish me for doing my duty by reporting the GC has broken the rules."

"1g -- ibid 1e."

"1h -- This charge is not valid as it does not pertain to breaking confidentiality. And it does NOT say I am "playing a game with confidentiality" as claimed ... it says, "Nope, it's confidential. See? I can play confidentiality game also," and was in reference to Pat Asher using confidentiality to hide her corruption in the grievance where she willfully went along with parties in the grievance being denied their Grievance Bylaw & Procedures rules, then being elected to the AB, despite the Bylaws not allowing a person who acts that way towards the membership being a candidate for the AB." [A Member Not In Good Standing can't be nominated for office --mary]

Daryl continued:

"I just want to make sure the records show that as of right now, I have not received a reply from Tina. My line of questioning is in a logical order, and I cannot make a final statement about Charge #1 without Tina's answers because what I say depends upon what she says.

"To make sure witnesses don't try to intentionally use delaying tactics, please consider telling the folks when we resume the hearing, that the length of time they take to reply to my questions will in no way interfere with the time frame I have to ask and/or reply to questions."

The next questions for Tina were:

"[ ] Yes, those are the 'proofs' for Charge #1 against Daryl."
"[ ] No those are not the 'proofs' for Charge #1 against Daryl.
"As for the GC Procedures:
"[ ] Yes the AB is happy with the wording of the Procedures and approved the wording."

Of which Tina never answered, and the next message posted to the hearing list was from Larry Flesher:

> ----- Original Message -----
> From: Larry Flesher
> To: Board
> Date: 6/28/2011 7:29:52 AM
> Subject: [BOARD] Disciplinary Hearing findings re:
> Charge #1
>
> The Disciplinary Hearing, now in session to consider
> charges levied against Mr.. Daryl Lytton, has completed
> deliberations regarding Charge #1:
>
> [repeat of charge omitted --mary]
>
> Mr. Lytton has requested that the Charges against him
> be disposed of one at a time, and in compliance with
> that request, the following is submitted:
>
> In the matter of Charge #1, it is the finding of the
> Disciplinary Hearing members that Mr. Lytton is guilty
> of the charge.
>
> Following the finding, it was the duty of the
> Disciplinary Hearing members to determine penalty /
> punishment. Early this morning, the members returned
> the following:
>
> "Mr. Daryl Lytton, having been found guilty of Charge
> #1 [listed above] by the Disciplinary Hearing members,
> is declared Member Not In Good Standing (MNIGS) of
> the USGenWeb Project for a period of two years, to
> commence immediately (29 June 2011). As a Member
> Not In Good Standing, Mr. Lytton is declared not
> eligible to run for nor to serve in any office in the
> USGenWeb Project.
>
> The USGenWeb Election Committee is hereby
> directed to remove Mr. Lytton's name from the list
> of candidates for the forthcoming USGenWeb
> Project Election Ballot, and is further directed to
> omit from count any ballots cast for Mr. Lytton."
>
> Mr. Lytton will be re-subscribed to the hearing list
> so he can participate in the Evidentiary Phase of
> Charge #2.
>
> Respectfully Submitted,
> Larry Flesher
> Chair

Respectfully? What is there to be respected when USGenWeb leadership goes out of its way to break the rules? The AB created and voted into place revisions of the grievance procedures on May 9, 2011 and Daryl would still not be guilty of breaking the new confidentiality rules!

Daryl has posted a few messages on the SW, NW and State-Coord lists, all indicating he is not being treated in accordance with the rules of a disciplinary hearing nor the USGenWeb rights of members, or some of his legal rights such as his right to reject members of the AB serving on his disciplinary hearing as judges and jurors who have had personal grudges against him for years.

One person on the State-Coord list came right out and told what was happening to Daryl -- he is being railroaded by the AB. An AB so afraid of the truth getting out, they must hold Daryl's trial in secret.

As for the brave Daryl -- he told the AB on June 27, "But *I* am the one who showed up for this hearing on my deathbed, trying to get you guys to act respectably and expediently.

I predict we will hear more about this issue from our new friend on the AB. Daryl remains very ill and for the most part is out of contact with us.

Mary White