Memorandum 8 ; 手記８ "JARL bad incident for 4 years starting in 2019. and Resolved 2023."

アマチュア無線のアイディア、思想思考やポリシー等、なんとなくのことを書く。

This note book for Amateur HAM radio, contest is My Idea, Thinking and Policy, something into.

<<他のメモ | Other one memo

これは、他にあった事実の記録をそのまま残すものです。

This is a verbatim record of the facts that existed.

– Apr 2023. –

In first I want to say that I don't want to hoping it is not intended to demean or belittle. So that is a memo that focuses on writing down the facts as they happen and then leaving the truth.

Many amateur radio operators so HAM may be very disappointed or even foolish when they learn of this current situation. However, we all make mistakes unknowingly, and we all regret them. Although newsworthy in Japan, this situation is downplayed by many HAM. The reason may be that they are not directly harmed, and they value tranquility over legitimacy.

This time, I written fact to tell the people of the world what is happening, but I find myself thinking about this act of his. If I considered him as an individual, I can assure you that I do not dislike him, he is a good person as personal. However, I don't think he is a very good organization man, especially as an organization-man.

The Japan Amateur Radio League, JARL, in Japan is a general incorporated association for amateur radio operators and members in Japan. However, due to the embezzlement issue (May 2019, including food and beverage expenses) that was uncovered in 2020, there has been a movement to excuse and reveal the truth about the various unclear financial activities Mr.Takao(Yoshinori Takao-JG1KTC QRZ ), who still serves as chairman of JARL in 2023.

Pick a few and list them below；

Various food and beverage and other unknowns number more than 160…

The amount is more than 2.4 million JPY. (So over 20,000 USD.)

JARL has had many problems in the past. This is not the first time we have had a chairman with problematic behavior. Because of this, a term of office for resignation was stipulated for the presidency, but this has been ruled out during Mr.Takao's time. (Abolished the rule that had determined that the maximum consecutive term of office for the Chairman would be eight years.) Of course, he would not discuss these issues in any detail.

As I have said many times, people make mistakes, so you can't judge a person by that alone, whether he is a good person or a bad person. I too believe he is not a bad person, but he doesn't seem to want to get up off the hot seat. I guess everyone does.

The HAM, the members of which participate in JARL, decide who the employees of JARL are, but the chairman is elected from among them, so the HAM members does not have the right to decide. In short, it is not absolutely his doing, but a decision involving many factors.

I would like to see a system of “removal by impeachment,” but an organization with strong internal power will always seek to Statics it.

Starting in 2020, an organization has been formed to normalize JARL and to publicly disseminate information about it. Some people are critical of the organization because it is a bit on the radical side. However, in light of JARL's insincere ideas and results over the past few years, I see the need for some aggressiveness.

The aggregate of the JARL bookkeeping points for 2020, as they put it, comes down to the payment of fees to legal. Here's what they have to say, 2020 is a total of 2,663,230 JPY for the payment to Attorney Suzuki and the payment to the law firm.

So, Payments to Legal recorded over USD 22,000 for this matter. JARL's legal counsel is an attorney for the membership to resolve the issue, but they noted in his conclusion that it was used to address this embezzlement issue.

For my part, I don't think this is outrageous because I can say that this is inevitable, but I understand their point.

Also addition one. A phenomenon also occurred in which full-time board member Takemitsu Hino received a severance payment but did not effectively retire.

The conduct at issue was the discovery that Chairman Takao had billed JARL for expensive travel and food and beverage expenses, as well as regular fixed monthly travel expenses, flower expenses for his personal brother-in-law's funeral, food and beverage expenses at a privately owned club (Out Door), and even food and beverage expenses split 50/50 between the chairman and JARL. It was also discovered that the food and beverage expenses at the club (Out Door) were multiply billed to JARL.

In the case of Takemitsu Hino, a full-time director, he inexplicably received 5.55 million JPY (About 48,000 USD) in severance pay but did not resign.

In total, the problem is over 100,000 USD in fraudulent money. (However, this is up to the year 2023 Jan. In accounting years, 2019-2021.)

It should be the court that finally resolves the issue. As a matter of course, a court case has arisen against the issue.

Note; 2020 June.

JARL does not clearly disclose how it spends the dues collected from its members. On the other hand, the corporation had been running in the red, and furthermore, the financial results showed a larger deficit than budgeted. Therefore, 16 employees of the federation requested to inspect and copy the accounting books, but JARL did not respond to their request, which led to the lawsuit. At trial, the JARL side responded that it would not voluntarily agree to inspection and copying, so the court issued a preliminary injunction ordering full disclosure of the “journal ledger” and “general ledger.

Background; Art-121 of the Act on General Incorporated Associations and General Incorporated Foundations stipulates that a general incorporated association may request “a member who holds not less than one-tenth of the voting rights of all the members (or the percentage if the articles of incorporation stipulate a lower percentage)” to inspect or copy its accounting books, and a general incorporated association that receives this request cannot in principle refuse to do so.

In 2020, he resisted the court order, filed a “maintenance objection” and tried to stall the process, and was finally forced into an embarrassing situation where he was chastised by the judge and finally disclosed the information.

Eventually, there was a similar order in 2021. However, JARL hired 4 new attorneys this year to handle the case, which it has no hope of winning. Lest there be any misunderstanding, JARL, in this case, is the working of the chairman and his associates. So this resistance is expected to continue. No matter what they say in court, he is ready to “appeal” at any cost.

The Annual General Meeting of Members was held on 26 June 2022, and the agenda included the “Election of Directors and Officers”. A show of hands vote was taken and he was rejected by vote.

This can be said to have had one of natural consequence. We have now seen the end of Mr. Hino's case. Although, The problem of the chairman remains.

He has lost two consecutive court cases for repeatedly covering up accounting books that should have been disclosed, but the problem is still that he has done so repeatedly…I think so.

On March 30, 2023, the Tokyo District Court issued a ruling ordering the Japan Amateur Radio League (JARL) to disclose all accounting books and receipts for the 7 years from fiscal year 2016, when Chairman Takao (JG1KTC) took office, to the current fiscal year.

Although mentioned above, In fact, the Articles of Incorporation of JARL, a general incorporated association, had stipulated that the president's consecutive terms of office be limited to a maximum of 8 years in order to reflect on the past 41 years of prolonged administration and to prevent a recurrence of such a situation. However, this has been nullified by Chairman Takao himself. If it were still in effect, the deadline would have been 2024. We don't forget it…

20230330_dsc.pdf

Chairman Takao has been acting on his own initiative in handling this lawsuit demanding disclosure of the accounting books.

Without putting the matter before the Board of Directors. At the Board of Directors meeting held in February of this year, Chairman Takao downgraded Director Tanaka's “Draft resolution” that the request for disclosure should be met to a “Matter for discussion” without his permission, improperly circumventing the resolution. Chairman Takao also decided on this appeal on his own initiative, without asking for the opinions of the board members.

According to those involved, he made the decision on his own despite the advice of those around him that he should not appeal because it would be a waste of money.

Again and again, he is supposed to be a good man, but sometimes I just don't understand his behavior.

– May 2023. –

On 17 May 2023, the court will again issue a one decision. In other words, it was determined that this was Mr.Takao's way of buying time. That is the common way to think about it.

The court required JARL to immediate disclosure the account book on this date.

Since 2020, Total 5 judges have ordered JARL (Chairman Mr.Takao) to disclose its accounting books. If the world radio operators knew about this situation at the Amateur Radio League in Japan, it would be filled with great sadness and words of condemnation would be created.

20230517_provisional-order_marked.pdf

On 23 May 2023, with the above results, the accounting books of 2022 were disclosed from JARL. Although, it continues to demand disclosure of 7 years of undisclosed accounting books.

– June 2023. –

It was assumed that the general assembly would be a general meeting of many different agendas, and who make a cover-up and escape would be orchestrated thought, but this did not happen. Because Chairman Mr.Takao (JG1KTC) resigned. So Mr. Takao submitted his resignation at around 17:00 (JST) on June 24th 2023, the day before the meeting. Then, already his resignation was approved 14 of 15 voting at the 66th board meeting held 25th morning.

Why is do due to Mr.Takao was finally unable to cover up the fact that he had been skimming the federation's money. This is internet's common comment.

So new Chairman Mr.Morita (JA5SUD) is appointed. And it will look to take legal action on a series of issues involving former Chairman Mr.Takao (JG1KTC) with his problem since 2019. This new chairman comment is in why say about compensation and legal action, but from the opinion by Conference Leader of member that “It should be prevented that if they resign and run away, they are free to do the rest.”
And pursuit and denunciation; That 2019 is the most problematic year, and the auditor is Mr.Sato (JE7JGG), who reiterated his opinion on the auditor's responsibilities. He has also expressed his intention to resign at some point. And for that, Mr.Shimura (JA1MEK) also said that Sometimes it is difficult to see all the details when they are completed as accounting books. So we must be careful about this aspect in the future.　
It was noted that there are 2 seats on the Board of Directors that have become vacant as a result of this series of events, but that these seats will not be filled for the time being.

Also, regarding Mr.Hinooka, who had been dismissed in the past, Mr.Takao said that he had publicly stated that he had done very little work. In light of that fact, the Executive Director is a position with an annual compensation of 9 million JPY (so 80,000 USD), and it is debated whether to let someone else do it again. Some questioned its necessity, but since money was involved, it was reserved. However, the amount of 9 million JPY per year was clearly a waste of money based on what was disclosed.

However, it came as a surprise to his backers, who were trying to protect Mr. Takao, and some of them were upset. Particularly controversial was the 5th proposal in question. (Note; Proposal 4 to remove Mr. Takao was proposed but withdrawn. However the fact that the proposal was made is important.)

The 5th item on the agenda, “Dismissal Toru Tanaka,” proposed by an employee, was discussed at 15:13.
However, this agenda. Regardless of this content, it is considered anonymous. From that point on, suspicion is raised.

Point;

1. It contains information that is not originally available to employees.
2. It is anonymous and the originator is unknown.
3. There should be a signature on these types of proposals, but there isn't one.
4. The board was against Mr.Tanaka's removal in the first place.

　
In step of the above, the Board of Directors voted against the proposal and promoted a vote against it at the General Meeting.

Also no sure, the following statement was made at the General Assembly “The proposer is very biased. Areas 1, 6, 7, and 0.”. In response, this was stated as the opinion of the branch manager of each area, but from the branch manager of area 0 said “Chairman Mr.Takao approached me in advance, and I can not. So I told him that each member directly if you want.”.

In fact, in the 0 areas named in it by all ….However, a remark was made that the members of Area 0 did not think too much of it and were willing to comply because of their close acquaintance with the chairman.

After the 0 area talk, I rechecked each branch managers in other areas, and there were vague nods, etc., that seemed to indicate that the same thing may have happened.
At this point, one of the 0 area members informed him that he had indeed been approached by the chairman Mr.Takao.

The meeting leader said that this is something that the head of the organization should not do, and there was applause.

Well can see that there is a darkness to this agenda. At least, Everyone may believe that to cover up a any crime is to create a new crime. So in result, Mr.Takao (JG1KTC)'s work shows that he had other bad problems as well as money problems, such as embezzlement.

An hour later, agenda item 5th is rejected.

News articles about the series

I don't know if this will normalize JARL, but the person Mr.Takao in the vortex is leaving JARL.

* I would like to add or change any newly learned content related to this General Meeting/Assembly.

Mr.Yamauchi, who was present at Mr.Takao's series of trials and other trials as a position of confrontation, stated in his comments.

“It has been a long road in retrospect, four years since June 2019, when the proposal to dismiss Chairman Yoshinori Takao was first submitted.” And then, “A new JARL is beginning.” with in his web Blog.

So it's good comment. Certainly a lot has happened fo a long time, but I too have high hopes for this new JARL.

Btw, Mr.Takao blog also a update.

I, Yoshinori Takao, JG1KTC, have resigned from the positions of Chairman, Representative Director, and Director of the Japan Amateur Radio League, as of June 24, 2012, due to personal reasons. We would like to express our sincere appreciation for the kindness and support we have received from many people. JG1KTC Yoshinori Takao

It's too simple comment.

Nevertheless, it may be difficult to speak of the situation for him. I can see that with tenderness as one person, ignor regardless of his not good deeds.
Some may think that if he leaves he should pay the price, but he will not come back. And just flogging the one who left certainly won't get us anywhere. Although well, I think there should be a claim for compensation to him.

Well,,,, let's look forward to JARL in the future. Have a enjoy Amateur radio.