X-Message-Number: 2494 Subject: CRYONICS Quaife's criticism of ACS answered From: (American Cryonics Soc) Date: Thu, 16 Dec 93 17:22:04 PST Quaife's Criticism of ACS Answered We agree with Perry that this discussion doesn't belong here. But we were criticized in this forum and we feel we should respond here. We will be glad to move this to cryonics.politics or off the net altogether if others involved will. A Pocketful of Suits Since ACS, its other Governors and I (Jim Yount) have been threatened with suits from Trans Time, Quaife, Zinn, and Brewer over this and a number of other matters, it is with considerable trepidation that I put my head into the lion's mouth. Because of these threats, some of Mr. Quaife's comments must go unanswered. Welcome, Y'all ACS, like most other cryonics organizations, generally welcomes members and encourages participation even from those who are mem- bers of or even on the board of another organization which com- petes in some ways with ACS. Saul Kent, for example, has been an ACS member for years and also participates actively in the af- fairs of other cryonics associations. A Tale of Two Presidents When the presidents of two organizations which compete with ACS, but are tied together through contract, and a significant overlap of their two boards both wish to be ACS members, it is not inap- propriate for ACS Governors to raise questions of motivation. When this conflict of interest question is coupled with our recent history of strife with these individuals and the companies they lead, it is clear that the ACS Board has a duty to examine possible reasons Jack and Art are apparently so fervent in their desire to be ACS members. The Unsettled Estate Of prime concern is Art Quaife's failure to distribute to ACS the estate of an ACS member. Art is the executor; the member willed the bulk of the estate to ACS. There is a court order over three years old directing that distribution. Jack has threatened to file lawsuits against ACS and our Governors individually over unrelated matters if ACS pursues our claim through the courts. As this matter drags on, the member is in long-term storage at Trans Time with estate liquid assets being depleted by Trans Time's $5,000+ per year charges -- the highest in the industry. When we aren't in control our member's estate it is extremely difficult for ACS to either negotiate a better deal with Trans Time or move the member to cheaper facilities. Credit Where it's Due We commend Trans Time's recent completion of an enclosed operat- ing theatre where they can now handle AIDS neuro patients. On oc- casion, Jack Zinn has volunteered his services during times of crisis, even when our ordinary relationships had become less than cordial. We commend to him our gratitude When You Are Most Helpless A person is most helpless and dependent upon others when the per- son is in suspension. Our prime responsibility must be to our frozen members. Anything we may owe or not owe to Art or Jack by virtue of their past service to the society is of secondary im- portance compared to our duty to suspended members. Until this matter of our member's estate is settled, Art and Jack serving on our Board or using their status as ACS members to bring unrelated lawsuits will not serve the purposes of the society. No Free Lunch Carmen Brewer, Jack Zinn, and Art Quaife were all over six months in arrears in their dues before they were terminated for non- payment. Jack questioned our termination procedure and so was given an opportunity to address the Board of Governors. Art and Carmen were also given an opportunity to address the Board on the question of their own memberships. No Jobs For Life Carmen was offered re-enrollment as an ACS member; however, it was made clear to her that the Board chooses its own officers and has no obligation to reinstate her as Secretary. She chose not to re-enroll. The Last Straw Considering whether to accept someone as a new member or to ter- minate an existing member is a difficult chore for a society. We don't wish to silence opposing voices by getting rid of dis- senters. On the other hand Governors do not have the obligation to accept someone as a member or continue their membership regardless of the circumstances. In this case the deciding factor was the threats against ACS should it pursue its responsibilities to receive distribution of our member's estate. An Ironic Selection Art criticizes ACS soundly in his three "ironic notes." There are plenty of things ACS needs to improve upon; however, it is ironic that Art should select these three. Irony 1: Turning Down "Good" Money Mr. Quaife says ACS has a negative $757 net worth and suggests accepting their checks would take us "out of the hole." The figure he quotes is on UNRESTRICTED funds only. It doesn't in- clude trust funds or special project funds. Nevertheless any negative number on a financial statement is embarrassing. Air for Sale A past contract, signed by Jack Zinn when he was ACS President, obligated ACS to pay Trans Time a marketing fee whenever anyone enrolled as an ACS member even though Trans Time had nothing to do with that enrollment. Another contract obligated ACS to pay Trans Time $118 per member per year for Trans Time "being ready to suspend" ACS members. A Costly Settlement These contracts, where we paid big bucks for air, almost bankrupted ACS until we canceled them and reached a settlement with Trans Time, borrowing from members to pay the settlement fee. We have made progress in discharging these debts to members and will make it all the way "out of the hole" WITHOUT selling our souls. How To Lose $10,000 Per Month The last time I got a squint at the Trans Time financial state- ments, by the way, the good ship Trans Time "Valdez" was sinking at the rate of about $10,000 per month. In spite of that monthly deficit, Art collects $40,000 per year salary. Irony 2: Jerry's Friends Jerry White's friends are Jerry's friends. That's why they've purchased equipment and acquired training and signed contracts with BioPreservation, the Cryonics Institute and other companies who will be there for Jerry when he needs them. He won't receive a notice from ACS that because he has AIDS or wants a neuro op- tion or "owes us money" (he doesn't) that we won't suspend him. He has one friend named Margaret Bradshaw who has been giving up her evenings for months to care for Jerry and other friends who have volunteered their homes for Jerry's care or suspension. Jerry was always there for us when we needed him. We are here for him. The implication that the people Jerry is dependent upon are anything less than real friends because they aren't ready to embrace Art Quaife's version of "cooperation with Trans Time" does both Jerry's friends and Trans Time a disservice. Irony 3: Conflict of Interest For years there were people who served on both Trans Time and ACS Boards. As the two organizations have become more competitors than allies, honestly representing both companies at once has be- come extremely difficult. In the present climate, a board member with the wisdom of Solomon and patience of Job shouldn't apply for the job. Carmen's affiliation with Art does not "taint" her. Her simultaneous service on both boards concerns us. Goose Stepping to the Bunker "Friday Night Massacre! Thuds of goose steps! Cult members! Bur- rowing down deeper in their Bunker!" My, such a colorful description. Edgar Swank correctly described ACS as a DYNAMIC CRYONICS OR- GANIZATION. The fate of ACS no longer is tied to that of Trans Time. There are now more suspension and storage options available to our members than ever before. Both in terms of quality of suspension and competitive storage costs, ACS members benefit. The one thing sure is change. Many of the old cryonics alliances have deteriorated and new ones have formed. For every curmudgeon trying to turn back the clock or force people to return to the way things used to be, there are half a dozen ready to forge ahead. ACS has always been a society of choice. We would like to in- clude, once again, suspension and storage by Trans Time in our menu. We hope Mr. Quaife and other Trans Time Directors will agree and work with us to get new contracts. Its the dawn of a new age! From some in the old guard, we get nothing but sour grapes. By threats and suits they would force themselves and their moldy old ideas on everyone else giving credibility to the old parody: those who can, do; those who can't, sue. Come on, guys, you and your companies can be a part of the new cryonics, too. As usual, the American Cryonics Society will show you how. All we ask is that you don't get in our way. -- (American Cryonics Soc) SPECTROX SYSTEMS +1.408.252.1005 Cupertino, Ca Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=2494