Reasonable Apprehension of Bias and Vexatious Actions of OAHI

(Raymond E. Wand) #1

Seems OAHI his straining at the bit. On August 10, 2006 they sent me a Registered Letter. There are seven (7) letters informing me essentially that OAHI has rec'd seven (7) complaints against me all essentially stating that I stand accused of Conduct Unbecoming a Member for practicing while Retired, and using RHI and other statements which they say are Conduct Unbecoming. In the letters of August 10, 2006 I was given ten (10) days to reply or face further punitive action and that they will proceed with the original complaints. On August 18, 2006 I wrote my reply and sent it that day Registered Letter Mail.

Today I picked up another Registered Letter from OAHI informing me as per the attached document.

It seems the DPPC, and OAHI cannot count, has reasonable apprehension of bias and is being vexatious in its actions. How is possible to get a fair hearing with this sort of nonsense going on?

As you can see below I not only have the Postal stamp dating my Registered Letter as being sent on August 18, well within the ten (10) day period, (and that should be Business Days by-the-way, not just 10 days) but also have Canada Posts delivery print out to aid in my defence showing OAHI rec'd the letter on August 22! I also sent my reply of August 18, 2006 to the Association Counsel, Mr. Segal to ensure there was no Monkey business and have proof from Canada Post that the letter to Counsel was also sent August 18, 2006, and received by counsel on August 21, 2006.

Needless to say I will be replying to this latest gaff, and will be sending another copy of my reply to OAHI legal counsel Mr. Segal. I am sure he must have problems with the conduct OAHI is taking.

I am sure Claude Lawrenson will find this most disturbing, being Ethics Chair of the National Body of which OAHI is a signatory and goes hand in hand with my well voiced concerns about objectivity and fairness and reasonableness within OAHI vis-a-vis disciplining of members.

(Dale Duffy) #2

Ray,

Those nitt-witts will have you drinking Malox by the bottle if your not careful...:D

(Brian E. Kelly, AZ Cert. # 60234) #3

Ray, you have plenty of oil up there, would you like us to invade to restore/impose Democracy?

(Mario A. Kyriacou, CHI) #4

Ray

These bastards are really out to get you!!!

mario

(Roy D. Cooke, Sr) #5

This is so unfortunate that OAHI not only does not follow their own bylaws they now show how much they are trying to railroad you .
Last time it cost about $35,000;00 with their improper treatment of me then they paid another $1,000;00 to help cover my expenses.
They are slow learners If this keeps up then I can see they are going to spend more against you and I am sure they will loose again .
If the lawyer is smart and gives them proper advice they will send you a letter apologizing for their errors .
This just gets more interesting every day .
WOW! I just can not see how they could try this they need to talk to their lawyer before this goes any further.
Gee I love it when the OAHI BOD just does not understand that things need to be done properly.
I sure hope Mr. Lloyd is good a fire fighting .
This makes me so nervious when I think this is the DPPC chair of the group who think they can run the National Certification .
Mr Lloyd should not give up his day job.
Roy Cooke . RHI. CAHPI-ON

(Claude Lawrenson) #6

Ray a postal mark such as you have is deemed valid evidence of proof of date of delivery, to the fact that you have responded in "whatever" manner. It is my understanding that Bill M. ran into similar mail "delivery" issue, regarding membership renewal, so this comes as no big surprize. Perhaps its just an issue of tardiness, wherein the letter was not picked up. Again just noting this because Bill's renewal sat for a while in postal delivery box.

From my POV it sounds like you have responded within the set time limits.

(Raymond E. Wand) #7

Claude

I am not surprised Bill was treated that way. Now I understand why Bill has soured on OAHI and put his eggs in the CAHPI basket. OAHI is on thin ice with this one. It would appear they had this ditty of a letter as posted above already in the works. How they calculate 10 days is alot like the manner in which they do the bookkeeping! ;) :)

(Raymond E. Wand) #8

Dale said..

[QUOTE]
Ray,

Those nitt-witts will have you drinking Malox by the bottle if your not careful...:grin:
[/QUOTE]

I picked a lousy week to give get off Malox! :)

(Raymond E. Wand) #9

Brian,

[quote]
Ray, you have plenty of oil up there, would you like us to invade to restore/impose Democracy?
[/quote]

Sure come on up, Democracy is a dirty word up here! :)

(Raymond E. Wand) #10

Mario

[QUOTE]
Ray

These bastards are really out to get you!!!

mario
[/QUOTE]

Thats an understatement, I guess they will have to bring in an outside arbitrator because its apparent they have no intention of acting fairly. Someone is giving OAHI bad advice. Its amazing so far I have been threatened by more then one OAHI member, and now the DPPC Chair and his committee seem hell bent to try underhaned tactics. Well now you know why I posted this info, so you can all see how they conduct themselves. Whistle Blowers are not to be tolerated.

(Raymond E. Wand) #11

WHY DID THE OAHI MEMBER CROSS THE ROAD?

DR. PHIL:
The problem we have here is that this OAHI Member won't realize that he must
first deal with the problem on "THIS" side of the road before it goes after
the problem on the "OTHER SIDE" of the road. What we need to do is help him
realize how stupid he's acting by not taking on his "CURRENT" problems
before adding "NEW" problems.

OPRAH:
Well, I understand that the OAHI Member is having problems, which is why he
wants to cross this road so bad. So instead of having the OAHI Member learn from
his mistakes and take falls, which is a part of life, I'm going to give this
OAHI Member a car so that he can just drive across the road and not live his
life like the rest of the OAHI Members.

GEORGE W. BUSH:
We don't really care why the OAHI Member crossed the road. We just want to know
if the OAHI Member is on our side of the road, or not. The OAHI Member is either
against us, or for us. There is no middle ground here.

DONALD RUMSFELD:
Now to the left of the screen, you can clearly see the satellite image of
the OAHI Member crossing the road.

ANDERSON COOPER/CNN:
We have reason to believe there is a OAHI Member, but we have not yet been
allowed to have access to the other side of the road.

JOHN KERRY:
Although I voted to let the OAHI Member cross the road, I am now against it! It
was the wrong road to cross, and I was misled about the OAHI Member's
intentions. I am for it now, and will remain against it.

JUDGE JUDY:
That OAHI Member crossed the road because he's GUILTY! You can see it in his
eyes and the way he walks.

PAT BUCHANAN:
To steal the job of a decent, hardworking American.

MARTHA STEWART:
No one called me to warn me which way that OAHI Member was going. I had a
standing order at the Farmer's Market to sell my eggs when the price dropped
to a certain level. No little bird gave me any insider information.

DR SEUSS:
Did the OAHI Member cross the road? Did he cross it with a toad? Yes, the
OAHI Member crossed the road, but why it crossed I've not been told.

ERNEST HEMINGWAY:
To die in the rain. Alone.

JERRY FALWELL:
Because the OAHI Member was gay! Can't you people see the plain truth in front
of your face? The OAHI Member was going to the "other side." That's why they
call it the "other side. Yes, my friends, that OAHI Member is gay. And if you
eat that OAHI Member, you will become gay too. I say we boycott all OAHI Members
until we sort out this abomination that the liberal media whitewashes with
seemingly harmless phrases like "the other side" That OAHI Member should not be
free to cross the road. It's as plain and simple as that!

GRANDPA:
In my day we didn't ask why the OAHI Member crossed the road. Somebody told us
the OAHI Member crossed the road, and that was good enough.

BARBARA WALTERS:
Isn't that interesting? In a few moments, we will be listening to the
OAHI Member tell, for the first time, the heart warming story of how it
experienced a serious case of molting, and went on to accomplish its life
long dream of crossing the road.

JOHN LENNON:
Imagine all the OAHI Members in the world crossing roads together - in peace.

ARISTOTLE:
It is the nature of OAHI Members to cross the road

BILL GATES:
I have just released eOAHI Member2005, which will not only cross roads, but will
lay eggs, file your important documents, and balance your check book.
Internet explorer is an integral part of eOAHI Member. The Platform is much more
stable and will never cra...#@&&^( C ..... reboot.

ALBERT EINSTEIN:
Did the OAHI Member really cross the road, or did the road move beneath the
OAHI Member?

BILL CLINTON:
I did not cross the road with THAT OAHI Member. What is your definition of
OAHI Member?

AL GORE:
I invented the OAHI Member!

COLONEL SANDERS:
Did I miss one?

(Raymond E. Wand) #12

WHY DID THE OAHI MEMBER CROSS THE ROAD?

DR. PHIL:
The problem we have here is that this OAHI Member won't realize that he must
first deal with the problem on "THIS" side of the road before it goes after
the problem on the "OTHER SIDE" of the road. What we need to do is help him
realize how stupid he's acting by not taking on his "CURRENT" problems
before adding "NEW" problems.

OPRAH:
Well, I understand that the OAHI Member is having problems, which is why he
wants to cross this road so bad. So instead of having the OAHI Member learn from
his mistakes and take falls, which is a part of life, I'm going to give this
OAHI Member a car so that he can just drive across the road and not live his
life like the rest of the OAHI Members.

GEORGE W. BUSH:
We don't really care why the OAHI Member crossed the road. We just want to know
if the OAHI Member is on our side of the road, or not. The OAHI Member is either
against us, or for us. There is no middle ground here.

DONALD RUMSFELD:
Now to the left of the screen, you can clearly see the satellite image of
the OAHI Member crossing the road.

ANDERSON COOPER/CNN:
We have reason to believe there is a OAHI Member, but we have not yet been
allowed to have access to the other side of the road.

JOHN KERRY:
Although I voted to let the OAHI Member cross the road, I am now against it! It
was the wrong road to cross, and I was misled about the OAHI Member's
intentions. I am for it now, and will remain against it.

JUDGE JUDY:
That OAHI Member crossed the road because he's GUILTY! You can see it in his
eyes and the way he walks.

PAT BUCHANAN:
To steal the job of a decent, hardworking American.

MARTHA STEWART:
No one called me to warn me which way that OAHI Member was going. I had a
standing order at the Farmer's Market to sell my eggs when the price dropped
to a certain level. No little bird gave me any insider information.

DR SEUSS:
Did the OAHI Member cross the road? Did he cross it with a toad? Yes, the
OAHI Member crossed the road, but why it crossed I've not been told.

ERNEST HEMINGWAY:
To die in the rain. Alone.

JERRY FALWELL:
Because the OAHI Member was gay! Can't you people see the plain truth in front
of your face? The OAHI Member was going to the "other side." That's why they
call it the "other side. Yes, my friends, that OAHI Member is gay. And if you
eat that OAHI Member, you will become gay too. I say we boycott all OAHI Members
until we sort out this abomination that the liberal media whitewashes with
seemingly harmless phrases like "the other side" That OAHI Member should not be
free to cross the road. It's as plain and simple as that!

GRANDPA:
In my day we didn't ask why the OAHI Member crossed the road. Somebody told us
the OAHI Member crossed the road, and that was good enough.

BARBARA WALTERS:
Isn't that interesting? In a few moments, we will be listening to the
OAHI Member tell, for the first time, the heart warming story of how it
experienced a serious case of molting, and went on to accomplish its life
long dream of crossing the road.

JOHN LENNON:
Imagine all the OAHI Members in the world crossing roads together - in peace.

ARISTOTLE:
It is the nature of OAHI Members to cross the road

BILL GATES:
I have just released eOAHI Member2005, which will not only cross roads, but will
lay eggs, file your important documents, and balance your check book.
Internet explorer is an integral part of eOAHI Member. The Platform is much more
stable and will never cra...#@&&^( C ..... reboot.

ALBERT EINSTEIN:
Did the OAHI Member really cross the road, or did the road move beneath the
OAHI Member?

BILL CLINTON:
I did not cross the road with THAT OAHI Member. What is your definition of
OAHI Member?

AL GORE:
I invented the OAHI Member!

(Raymond E. Wand) #13

Article 14
Discipline and Professional Practices Committee

3. Upon receipt of a written complaint concerning the conduct of any member of the Association (hereinafter called a "Complaint"), the Secretary of the Committee shall forthwith upon receipt thereof, mail a copy of the Complaint to the member against whom the Complaint has been made (hereinafter called the "Respondent"). The Respondent shall, at the discretion of the Committee Chairman, be given not less than ten (10) and not more than thirty (30) days to deliver a reply
thereto in writing addressed to the Secretary (hereinafter referred as the "Reply"). Where the Committee is proceeding upon its own motion, the Chairman may in like manner, direct the Secretary to mail to the Respondent a brief statement of the conduct or infringement being investigated by the Committee and the foregoing provisions as to Reply shall be applicable and the matter shall thereafter proceed in all respects as a Complaint by any other person concerning the conduct of a
member of the Association.

4. After the time limited for the Reply, the Chairman of the Committee shall determine a date for the hearing of the Complaint and direct the Secretary to give to the Respondent notice in writing of the hearing and such notice shall be mailed by registered mail by the Secretary to the Respondent at least fifteen (15) days prior to the date fixed for the hearing.

Gee I sure hope OAHI can give me the required 15 days notice as stated above in regards to notice of a hearing. They haven't been able to reply timely to my complaints which took well over 7 months to even get a reply! I guess the 10 day requirement is only used when they feel they are owed a proper explanation immediately because they are far superior!

(Roy D. Cooke, Sr) #14

This far from fair and proper in My openion . Aperson could be on Vacation for three weeks and be found guilty fined and removed from the roster before he even new there was a problem
Unfortunately Bill is not the only person I have heard this happening to I know of at least two others and they both had fines and felt why should they fight it was just not worth the aggravation. .
They are so good One person received his complaint and fine amount one month before his membership had run out .
If this was not so serious a person could have a big laugh.
I wonder is this just another way of keeping the membership low .
Pi$$ the HI off and he just gives up looks so strange to me .

Roy Cooke RHI CAHPI-ON

(Raymond E. Wand) #15

Its also not my fault that the reply sat in a Canada Post facility over the weekend!

I think you will find that legally, a letter post marked within the 10 day (12 midnight) requirement is legal proof the reply was responded to within the requirement of the letter.

I also know as DPPC Chair it was not uncommon during our tenure that the 10 day rule was unduly restrictive, respondents do have biz committments and families, and as mentioned some were on vaction, moving, deaths in families, et ceteras. The complaints dealing with members vs. members were given ample time to reply and certainly not within 10 days, ditto public complaints. AND we never had to hold a hearing! We were able to work with members to correct their oversites, contrary to what some would have you believe.

This is all the more reason to call for licencing. The proof is in the pudding.

(Christopher P. Steele) #16

I find it interesting that OAHI takes for ever,.. to respond to email inquires. It also takes them up to three months to upgrade membership status. So, how could they expect a response in ten days. It takes them that long to respond to my email! Unbelievable! Like someone said you could be warned, tried, and convicted while away from home.

(Raymond E. Wand) #17

Yes it is rather strange given that OAHI would sweep aside threats and other conduct unbecoming of a member, yet somehow find error in my conduct by my posts asking for accounting and the minutes and other questionable conducts within OAHI. How is that conduct unbecoming anymore then another member running around making and using OAHI assets to make false and discouraging comments about me and others?

*It sure appears that NACHI members who are also members of OAHI are being singled out while members of ASHI who are members of OAHI remain untouched. Many dual members in Ontario are beginning to wonder where NACHI is in all of this. At least in Ontario. The headlines should be reading OAHI Eats NACHI Member for Dinner!
*

How can the Secretary of the Association arbitrarily impose a $150 fine plus tax on a member without presenting any evidence to back up his allegation of inspecting while being a Student of OAHI, yet impose a finding of guilt and then turn around and fine the poor soul $150. This is by no means the first person who has been treated this way. I guess those actions are not anymore unbecoming of me asking for the books, and financial accounting or the minutes now does it?

I truly hope they are able to substantiate their claims of Conduct Unbecoming, I haven't been the one running around threatening people, sending email viruses, or suspending peoples rightst without due process or imposing fines, and not being accontable for the financial affairs of a self regulating body which is in need of a full forensic audit by an outside party.

It is amazing the amount of case law I have been able to find to aid in my defence. David takes on Goliath!

(Roy D. Cooke, Sr) #18

Raymond Can I go with you on your appeal .
I would like to be there and see how they try and weasel you like they tried with me .
They spent about $35,000;00± of the members money ( they have never released the total to the membership ) ( it has never shown up in the finical statements ) ( I wonder was it More ?) to try and defeat me .
This will look great to the membership to see them spend money so stupidly. They just can not see the need to follow their own rules the Roberts Rules of Order and the Canadian
http://strategis.ic.gc.ca/epic/internet/incilp-pdci.nsf/en/cl00700e.html.
They did not have a set when I had my appeal I had to tell them to get a set.
The smartest member they ever had on the BOD was Ron Trope ( A really good guy ) and for some reason he left the board . ( Smooth move )

Roy Cooke ...Royshomeinspection.com ... RHI....CAHPI-ONT.

(Roy D. Cooke, Sr) #19

This is how Complaints are handled in BC.
Nice to see how a profesional association handles complaints.
http://www.asttbc.org/mem/complaints.html

[SIZE=4]Guidelines for the Submission of a
[FONT=Helvetica, Arial][COLOR=#003399]
[SIZE=4]Complaint*[/SIZE] Against a Registered Member *
[/COLOR][/SIZE][/FONT]
Professional certification is a signal that members and technical specialists will provide their applied science technology services in an ethical and competent manner. On those occasions where it is felt that a member may have acted improperly, ASTTBC’s Practice Review Board can be requested to investigate the matter and, if necessary, the PRB will convene a Disciplinary Committee.

ASTTBC’s Practice Review Board deals with any complaints. Complaint submissions must be in writing and addressed to: ASTTBC Registrar
10767 ­ 148 Street
Surrey, BC V3R 0S4
Staff members dealing with certification issues do not handle complaints. Staff cannot accept verbal complaints. The Registrar acts as Secretary to the Practice Review Board (PRB) who under the ASTT Act has responsibility for the review of registrants’ conduct.
Complainants should be aware that a false or malicious complaint may result in legal action by other parties.
*Complaint Procedure: *[ol]
[li]A complaint, submitted in writing, must include: [/li]
[LIST=1]<LI type=a>Full name and member number of the individual(s) in question. ASTTBC can only act against registered members.
[li]Name of business, contact person and phone number at the location where the alleged incident took place. [/li][li]Full detailed description of complaint, including date(s). [/li][li]Substantiated photocopy evidence of reports etc. including photos if possible. [/li]
[/ol]
[li]The complaint may be reviewed and verified by an ASTTBC Representative of the applicable Certification group who is appointed by the ASTT Practice Review Board. [/li]

[li]The ASTTBC Registrar or a member of the ASTTBC Practice Review Board may call the complainant to discuss the issue and to ensure that there is proper information and evidence of an actual violation of the ASTTBC Code of Ethics and Practice Standards. [/li]

[li]Providing there is reasonably substantiated information and evidence, a copy of the complaint will be forwarded to all parties involved for their comments. [/li]

[li]Once the ASTTBC Registrar has received comments from all parties, the Practice Review Board will review the complaint and make a recommendation. If necessary a Disciplinary Hearing will be held under the ASTT Act. [/LIST][/li]The Code of Ethics is for everyone and it can only work if information regarding unethical practices is reported to the ASTTBC Practice Review Board. This requires the combined efforts of members and the public. Click for information regarding the ASTT Act; Regulations; or Code of Ethics or call our office for a copy. Roy Cooke . NACHI is the one for me!!!!!!!!!!!!

(Claude Lawrenson) #20

Page 4 June 2006 OAHI Newsletter

“A number of complaints have been launched against some members for using the term Certified Home Inspector or the CHI designation. This designation is owned in Canada by ASTTBC. They had given the rights for the usage of this designation to PACHI. When PACHI and OAHI amalgamated the rights to this were inherited by OAHI and still remain in our custody. OAHI does not use this designation as it leads to a great deal of confusion in the general public.

Although a number of the membership have bought into a mail order association who think that they can use the designation, let me assure you that they do not have the right to use it. It does not add credibility to you, in fact as the RHI designation is becoming more recognized the use of other designations is discrediting you and may damage your business.

If you are using this designation you are putting the OAHI in a compromising situation with ASTTBC, so we must discipline you under the by-laws as well as report you to ASTTBC who may exert their rights under Canadian law to seek legal action against you. This information was distributed after PACHI and OAHI amalgamated and is being reprinted now as a courtesy reminder to the members.”