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Stalking The Truth

Stalking The Truth

July 19, 2011

Charge #2

Daryl's Disciplinary Hearing
Charge #2

But wait, that's not all you get! First we start with a couple of messages from Daryl posted to State-Coord:

> [Original Message]
> From: Daryl Lytton
> To:
> Date: 7/9/2011 9:04:49 AM
> Subject: [STATE-COORD] Disciplinary Hearing Update
> So far there has been no change to my Disciplinary
> Hearing status. There was an agreement worked out
> while on my deathbed, that each charge would be
> handled one-by-one before moving onto the next charge.
> But then, I was also promised a fair hearing by Larry
> in accordance with the rules ... and that hasn't
> happened yet, either.
> Charge #1 was refused to be handled in accordance with
> the rules, and now they want to move on to Charge #2.
> If it doesn't first get established that this hearing
> must be in accordance with the rules, my rights will
> also be denied to me while discussing Charge #2.
> There was no problem allowing Larry to post his
> message to Board-L declaring me guilty of Charge #1,
> but my reply stating why I am not guilty was not
> allowed to be posted. The confidentiality of the
> hearing is not being used to protect the innocent,
> it is being used to protect and hide the corruption
> of the AB. I can prove it, but of course the AB would
> never allow that.
> With the AB is treating me this badly while on my
> deathbed, you can imagine how bad it has been when
> I was in good health.
> I have been accused of breaking the confidentiality
> of the hearing. But I pledged confidentiality to a
> hearing being run honestly in accordance with the
> rules ... I never pledged to keep corruption
> confidential, as it is against the rules and is
> unlawful to do so.
> The AB still refuses to hold this hearing in public,
> of course, and we all know exactly why.
> The best thing you can do to help make the USGenWeb
> a better place for all, is not to vote for anyone
> currently on the AB who is running for another term.
> Daryl

And then one from Daryl to Disciplinary Hearing Chair Larry Flesher, apparently first posted to State-Coord so Daryl would not be breaking confidentiality of the hearing list:

> [Original Message]
> From: Daryl Lytton
> To:
> Date: 7/9/2011 9:05:26 AM
> Subject: [STATE-COORD] [Usgwconf-3] Evidentiary
> Phase
- Charge #2
> I am sending the below to Larry Flesher in a few
> minutes, in response to a message of his letting me
> know that even though I am moderated on the
> Disciplinary Hearing list, I can now ask questions
> about Charge #2 and if he feels like it he might
> forward them to the list. I had already informed
> Larry that until Charge #1 is handled according to
> the rules, I would be unable to deal with Charge #2
> due to my multiple health issues.
> Daryl
> Larry,
> Due to my extremely serious health issues, in
> accordance with my doctors orders, I am unable to
> participate in any further discussions regarding
> this corrupt Disciplinary Hearing you are in charge
> of, until either my health improves or I find a Rep.
> A legitimate hearing based upon the approved rules
> of the process does not seem to cause any further
> damage to my health, but major problems result when
> you and the AB break the rules, break your promises,
> lie to me, and I am denied my rights, because of my
> anxiety and depression disabilities which then
> directly and greatly affect my other health issues.
> In my current health condition there is nothing I can
> do to force you folks to be honest and give me a fair
> hearing, and it doesn't make any difference if you
> take a vote and conclude that you are treating me
> fairly, because I have the proof as a result of what
> happened during Charge #1.
> You and the AB refused to do your Bylaw duty of
> providing me a fair hearing; you and the AB refused
> to follow the rules of a Disciplinary Hearing; you
> and the AB refused to follow the amended rule made
> due to my disabilities. You and the AB denied my
> lawful right to have removed from the hearing those
> members of the AB who have had long-standing personal
> grudges against me. You and the AB denied me my
> lawful
right to cross-examine a witness who could have
> proved
me innocent of the charge.
> I was charged with breaking the confidentiality of the
> Grievance Process, but you and the AB were unable to
> provide any proof that I had ever been involved in a
> valid Grievance Process.
> You and the AB made it abundantly clear during Charge
> #1 that the facts and the truth is not what this
> hearing is about. It's all about taking out your
> personal grudges and frustrations on Daryl Lytton ...
> in secret, behind the backs of the CCs, while he is
> helpless to defend himself.
> Daryl

National Coordinator Sherri then let 22 messages be posted to State-Coord from State and Assistant State Coordinators who took turns shooting down Daryl with nasty messages.

Daryl, who is moderated on State-Coord by Sherri, replied to several of the messages, but of course Sherri would not let Daryl defend himself and so she refused to approve any of his messages to be posted.

Instead, and we are sure this must have taken a lot of courage, Sherri let the SCs and ASCs have there fun with Daryl for a day before saying:

"Posts from Daryl dealing with the disciplinary hearing and any rants about it will no longer be sent through to the list. Anyone that forwards any of Daryl's posts will be moderated."

That is how she discriminated against a mentally disabled member on their deathbed, you can imaging how kindly she thinks or the non-disabled members.

Second verse, same as the first
Charge #2

Larry gets caught for the 2nd time letting evidence be admitted which had nothing to do with the charge against Daryl. Daryl's claim before this hearing started, that it was nothing but railroading with no proof, has been substantiated once again.

Not only was the evidence falsely admitted, the person who submitted it, Pat Asher, voted Daryl innocent of this charge.

> [Original Message]
> From: Larry Flesher
> To:
> Date: 7/16/2011 12:16:49 PM
> Subject: [BOARD] Results of Disciplinary Hearing
> deliberations regarding Charge #2
> The disciplinary hearing members have completed
> deliberations regarding Charge #2 and have found
> Mr. Daryl Litton guilty of the charge.
> Members voting GUILTY: Sherri Bradley, Tina
> Vickery,
Cyndie Enfinger, Bill Oliver, Ann Allen
> Geohagen,
Les Shockey, Jeff Kemp, Denise Wells, Linda
> Lewis

> Members voting NOT GUILTY: Alice Allen, Nancy
> Beach,
Pat Asher
> Members voting ABSTAIN: Pauli Smith
> Members recused: Dale Grimm
> The penalty agreed to by the members is:
> Mr. Lytton is forbidden from submitting any grievance

> to the USGenWeb Grievance Committee for a period of
> two years beginning July 16th, 2001. The Grievance
> Committee is hereby instructed to refuse without
> comment any Grievance submitted by Mr. Lytton during
> this two year period.
> The Disciplinary Hearing will continue with
> commencement of the Evidentiary Phase for Charge #3.
> Respectfully Submitted,
> Larry Flesher
> Chair

> [Original Message]
> From: Daryl Lytton
> To: Larry Flesher
> Date: 7/16/2011 4:32:17 PM
> Subject: RE: Results of deliberations - Charge #2
> Charge #2 -- "Since the establishment of the
> Grievance Committee in August 2007, Mr. Lytton has
> filed multiple grievances with the Committee and
> Appeals to the Advisory Board regarding his dismissal
> as Coordinator of OHGenWeb Adams County in
> December
2005. These grievances ask the Committee
> to
retroactively apply Bylaw Amendment XIV.E. which
> made their decisions binding, to the non-binding
> recommendations of the Advisory Board rendered in
> January 2006."
> As I have already noted to the group here, Pat
> Asher's two "proofs" of Charge #2 [see her message
> directly below this message] are seriously confused,
> and both have nothing at all to do with Charge #2.
> I had already told the group here that they were
> getting my grievances mixed up, but apparently no one
> cared enough about fairness and justice to check up
> on her 'facts'.
> OHGenWeb Grievance #1 was the one the AB heard and
> ruled on, based upon OHGenWeb SC Sandra Quinn
> failing
to give me a fair hearing before expulsion.
> Pat cites as proof I am guilty of Charge #2, grievance
> "2008/09-01" which is not true. This was an
> ADDITIONAL grievance, OHGenWeb Grievance #2,
> against Sandra Quinn, filed under the "within 45
> days of discovery of incident" and cited USGenWeb
> Bylaw XI, B, "All Local Coordinators shall be
> subscribed to the state mailing list." It was
> originally named "Grievance 1107A" and was accepted
> by the GC with Bob Sweeney as Chair, and upon advise
> by the AB was again accepted by the GC when Dorman
> Hobbs was Chair, and then all the sudden when Tina
> was NC it was rejected with no reason.

> Quinn wrongfully unsubbing me from the required state
> list was not an issue of OHGenWeb Grievance #1. which
> is why I was able to file the additional #2.
> I have copies of the messages to prove the above, and
> the below.
> Pat cites as proof I am guilty of Charge #2, grievance
> "2009/11-16" which is not true. This grievance was
> against Dale Grimm for using Fraud and Lying by
> Omission (to RootsWeb) to take my Adams County URL
> from me, and had nothing to do with OHGenWeb
> Grievance #1 or #2. The Dec 21 2005 "AB Ruling" for
> my OHGenWeb Grievance #1 was that the URL
> belonged to me, having had it since Nov 20 2004.

> As for the punishment for being found guilty of
> charges there is no proof of, "Mr. Lytton is
> forbidden from submitting any grievance to the
> USGenWeb Grievance Committee for a period of two
> years beginning July 16th, 2001.
> It is a Bylaws and Sturgis right to have a fair
> hearing. Obviously only the Membership can limit the
> Rights of Members .... "A member also has the
> following fundamental rights under common
> parliamentary law, subject only to any specific
> limitations in the bylaws."
> If the AB wants the right to limit who can and who
> cannot have access to the Grievance Process, it
> would have to be specified in the Bylaws. It should
> be obvious that 15 members of the AB can't tell
> 1,300 members of the USGenWeb who can be denied
> fair hearings.
> Daryl
> > [Original Message]
> > From: Pat Asher
> > To:
> > Date: 7/6/2011 9:34:59 AM
> > Subject: [Usgwconf-3] Charge #2
> >
> > I believe proofs have been offered of two grievances
> > filed by Mr. Lytton relating to his "OHGenWeb
> > grievance" since August 2007: 2008/09-01 and
> > 2009/11-16
> >
> > The evidence submitted to date indicates that the GC
> > rejected both grievances and those rejections were
> > then appealed to the AB by Mr. Lytton. Both appeals
> > resulted in an affirmation by the AB of the GC's
> > decisions to reject.
> >
> > Both grievances may represent Mr. Lytton's failure
> > to know or understand that his grievance
> > (2008/09-01) requesting that grievance procedures
> > adopted in Aug 2007 be imposed ex post facto to an
> > AB recommendation rendered in Jan 2006 is
> > constitutionally prohibited; and that his grievance
> > 2009/11-16 was thus also invalid.
> >
> > Do the proofs submitted to date substantiate the
> > allegation of "multiple" grievances and appeals
> > regarding Mr. Lytton's "dismissal as Coordinator of
> > OHGenWeb Adams County"

Mary White