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Reptile & Amphibian
News Blog Keep up with news and features of interest to the reptile and amphibian community on the kingsnake.com blog. We cover breaking stories from the mainstream and scientific media, user-submitted photos and videos, and feature articles and photos by Jeff Barringer, Richard Bartlett, and other herpetologists and herpetoculturists.
Monday, January 7 2013The exit of Andrew Wyatt
In the business world, CEOs and presidents are fired, resign, or move on to other things every day. Sometimes they resign to move on to bigger and better things. Sometimes they resign because of a difference of opinion with their board. Sometimes they resign in lieu of being terminated, sometimes because the board has lost faith, sometimes because of gross incompetence or dishonesty, and sometimes because criminal activity has been uncovered. It's tough to read between the lines in press releases, but in the business world if an executive move is lateral or downward, you can usually bet the resignation wasn't by choice.
Sometimes these management changes signal a change for the worse in an organization, and sometimes it's a change for the better. Rarely does it signal impending doom -- it's far more likely it simply signals a change in direction. In the case at hand, the changes are for the good, and signal a change in direction: the right direction. I'm talking about the recent resignation of USARK's Andrew Wyatt. Since USARK's inception, I have withheld support of the organization out of concern over the individual at its helm. Some believed it was, and Wyatt himself always passed it off as, personal animosity, but that's not the case. Having already started and been involved with a similar lobbying organization in the years from 1997-2002, I was familiar with the problems and obstacles such an organization faced, and therefore did my best to steer everyone toward using assets already in place rather than creating the expense, burden, commitment, and risk a new organization would entail. I also knew that, once started, it would forever need to be fed, in ever-growing amounts of money. I knew such an organization would need to be geared up to operate for 20+ years, and raise millions of dollars. And I knew that the easiest, fastest way to raise early money was to start yelling "fire" all the time -- a battle cry that would inevitably backfire and be destructive to our community and our hobby. Which is exactly what we saw happen with the constant drumbeat of disaster Wyatt put forth from USARK during his tenure. And just as I feared, it frightened away consumers and businesses, putting downward pressure on an industry and hobby already staggering under the weight of a bad economy. I also kept my distance from Wyatt's organization because it didn't pass my due diligence. Websters defines "due diligence" two ways: First, as the care that a reasonable person exercises to avoid harm to other persons or their property, and second, as the research and analysis of a company or organization done in preparation for a business transaction. As part of that process, I looked at everything I could find pertaining to the organization and the individual running it. Neither the strategy being employed, nor the lack of transparency, nor the possibility of harm, gave me confidence in either. I was also concerned about the structure of USARK, which left all the power concentrated in the hands of one individual, the founder, with a board of directors limited in its ability to assert control should he choose to take the organization down a wrong path. Even more troubling to me, that individual had no legal background, no lobbying background, and no corporate background. In fact, as far as I could tell, his knowledge of and background in the herp community and industry was limited. I knew that there would be hundreds of thousand of dollars required to do what he was proposing, and at risk would be an industry with thousands of businesses and individuals involved, worth millions. Despite this, it seemed that something as basic as a relevant background investigation had never even been run. Finally, I knew that as long as Wyatt was in charge, it would be his organization, not the board's, and certainly not the "Reptile Nation's." So I withheld kingsnake.com's support, and my support, until Wyatt and USARK could prove themselves. In the following years, Wyatt, did nothing to prove me wrong. In fact, it almost seemed that he did everything to prove me correct, repeatedly. Evidence and allegations of bad management were rife, including loose controls over cash flow and expenses, excessive travel for limited gain, lack of transparency as to how funds were spent, poor messaging and messaging protocols, and USARK officers carrying on inappropriate personal relationships with USARK volunteers at industry trade show events. As USARK gained momentum and voice, Andrews' "house on fire" tactics took a greater and greater toll on hobbyists and businesses, turning what had been a rapidly-growing industry into one that slowed, then stopped, then began to reverse course. I repeatedly raised numerous questions and concerns to Andrew, to the USARK board members, and to the community. I pointed out that the path we were headed down was damaging us as an industry and community. Wyatt continued to paint this as a personal issue, and publicly labeled me as "divisive" every chance he got. Perhaps for that reason, the USARK board disregarded my questions and warnings, and I never got the information and answers I was looking for. My opposition to USARK's leadership, policies, and direction became well known not only in the back channels where I tried to keep them, but publicly as well -- so well-known, in fact, it negatively impacted my business, my friendships, and my personal relationships in the community. In the spring of 2012, feeling almost desperate about the direction our hobby was moving in and hoping to rebuild some of the bridges Wyatt was burning, I helped start a reptile law education organization dedicated to putting on a reptile law symposium, the re-purposed National Reptile and Amphibian Advisory Council (NRAAC). NRAAC was indirectly threatened with, and ultimately suffered, a "blackout" by industry leaders and media connected to the USARK organization. Others in the community were pressured by USARK, both directly and indirectly, not to participate in the organization or the symposium. Virtually the only press we got was on kingsnake.com. I was even told, by one long-time customer, that he could not accept my event's advertising, free or paid, for fear of upsetting USARK. The blackout dramatically impacted our ability to market the event and directly limited the participation by the community in the very first national reptile law symposium. Were it not for the federal and state agencies, as well as PIJAC, the ARAV, and especially the ETHS, the event would have foundered. Thanks to them, it was a huge success. I'd like to address another issue that demonstrates how Wyatt put his own personal agenda ahead of the well-being of our hobby. Wyatt and another USARK officer, Ericka Walsh, claimed that they were unaware of the Symposium until it was too late to attend, and that they were not invited to participate. This is demonstrably untrue. We invited USARK directly via email from our site coordinator. Despite the lack of response to our invitation, we even had a badge prepared and waiting for Wyatt at the event, should he have decided to appear at the last moment. But Wyatt didn't appear. Nor did Walsh. Neither did Dave and Tracy Barker, who were also invited to represent either USARK or their own business, or both, despite Dave being invited by me personally during the Snake Days event in Sanderson four months previously, and receiving multiple email invites. Wyatt, Walsh, the Barkers -- not one of them could see the need to sit down and talk with the specific federal agencies, and the specific individuals within those agencies, tasked with deciding the fate of Boa Constrictors and Reticulated Pythons. Fortunately, less than a week before the event, Gary and Shane Bagnall made arrangements to participate, guaranteeing USARK at least some representation. So here we are today. Andrew has "resigned" under what most people see as the proverbial "mysterious circumstances." He is predictably painting himself as the martyr in the situation, and is trying to divide the community by launching an organization directly competing with USARK. He is using what is essentially a generic cover story to explain his exit, and to justify the need for the existence of this new organization, to launch it, and to once again ask you for your money. And he is hiding the facts behind a non-disclosure agreement that masks the real circumstances of his exit. Talk about being "divisive." Maybe you're considering supporting Wyatt's new organization. Maybe you believe his claims that only he, not USARK and its board, nor anyone else in the herp community, really cares about your interests. Maybe you just don't want to make him into an enemy. Fine. But before you support any organization headed by Andrew Wyatt, you should ask him the questions I'd like to have asked him over the last three years (and tried to). Under oath. Here are five questions for Andrew Wyatt, below the jump -- add yours in the comments! 1. Allegations have been made to kingsnake.com that you and/or USARK staff members or volunteers ran unauthorized criminal background checks on a number of individuals, including your political opponents.
2. Did you leave USARK with any pending civil, criminal, or tax liabilities of any kind? Specifically: 3. What's the real story behind your exit from USARK? 4. How was USARK's money handled? 5. What's the story with your new organization? Before I invested in his new organization, I would require answers to these questions. I'm sure there are lots of other good questions; which ones would you like to see answered that I didn't already ask? |
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With Wyatt gone, where do you stand with USARK under it's new leadership? Much of what you have written here seems (probably rightfully so) that the issue between USARK and kingsnake was more to do with Wyatt's day to day handling than anything else.
And know I didn't resign from my job at the company I worked for that supported USARK, I simply quit to move back home to be closer to my family. so you won't be reading a juicy write up like this about me LOL.
I have a few questions for you.
Are you running Kingsnake.com to help the entire reptile industry, your industry friends or your pocket?
How much money have you or Kingsnake.com directly contributed to help the industry?
Is it your policy and the policy of Kingsnake to hold payments for ads/services hostage and not answer email related to these ads until the person placing the ad has no choice other then to file a payment claim. Then to be quickly kicked off Kingsnake for filing the claim by you claiming they are a threat to your business?
Do you remove or block access to Kingsnake because that person or company may be in direct competition to your "friends"?
Will you remove this post because you may think it is directly negative to you?
I don't see any difference between you/Kingsnake and Andrew/USark except maybe a different agenda and you trying to peacock by saying I told you so and look at me!
Maybe if Andrew or USark could have only directly benefitted your wallet. You would be singing a different song.
From your questions I would say that you have been banned from using our classifieds and have attempted to circumvent your ban on multiple occasions. Usually bans are placed on accounts because of complaints of fraud or theft. We give those banned users the terms of their ban, and how they can remove it, if possible. If they return after the initial ban we generally refund their purchase. If they attempt to circumvent their ban again we do not refund their payment, as is clearly outlined in our terms of service. We won't respond to banned users if they subsequently commit more fraudulent acts on our site, such as entering into a fraudulent contract with us using a fake name.
Brandon why don't you give me your username and I will post your account history for everyone to see why specifically you were banned from using our web site?
You donating $12K+ to your own company is a joke. I'm sure you took the tax write off for your very generous donation? Then, did you deducted your travel and other expenses with NRAAC?
So you donated to yourself, so you can travel to some nice vacation spots and hang with your friends, talk a little business and deduct it all? Twice?
Why is this any different then Andrew/USark? That's right, we are the ones that made it possible for Andrew to take some nice vacations. You just paid for yours yourself. Clever!
Why don't you post your tax returns for NRAAC?
Any salaries paid out from NRACC? To you?
Just like with USark, the truth will come out. Karma is a bitch!
Now to your threats to post my Kingsnake history:
I was banned from Kingsnake for a "violation of your TOS". I had in my ads that I ship with Reptile Express. I was told this was a violation of your TOS so my ad was removed. When i did a search of the keyword "SYR" and found 100's of ads that said they ship with SYR I responded to the email i received removing my ad. I asked why is it OK for SYR and not RE? Did not get an answer other then surprise! I was banned now. Your easy legal out to remove unwanted user for any reason you decide and that is fine it's your company and you wrote the TOS just so you always have this easy out. I know the real reason. I have never tried to reestablish my account nor do I want to. You refused to post a show listing for the president and CEO of Reptile Palooza. Why? Someone that is not me. That is a real person and has never been a previous Kingsnake user. He is a very close friend of mine. I'm not pretending to be him. He is a very real person. He sent you a email everyday, all unanswered until on the last day he could file a claim. He filed the claim. Within 5 min you told him he was banned because he was a threat. He also sent many email to other employees of Kingsnake. All where answered until you realized it was him trying to get an answer about his show post. I can post the entire email history if that is ok with you?
The $12,000.00 payment was made to the event facility I have the receipts in NRAAC's name by kingsnake.com. It was not a "write off" as you suggest, NRAAC is not a non-profit, does not have a bank account, does not solicit donations. Additionally NRAAC pays no salaries to anyone, and no travel expenses to anyone. All those payments were writeoffs only in the nature that they were written off kingsnake.com's bank account. And every dime is accounted for with receipts.
As a private business we are free to decide who we want to sell services too, and under what conditions. It's in the contract you and everyone else agrees too. In your case we decided that we did not want to provide you services.
You lost your access to our services because you were using 1 account to advertise 2 businesses, your cage business and your reptile express business, which we considered theft of service. Additionally you were encouraging others to use their classified advertisements to advertise your service, a violation of our terms of service contract, and had actually built your marketing program around the idea of "free" advertising on kingsnake.com via piggyback. That was never going to happen.
You were given an opportunity to provide us documentation from FedEx and UPS proving that you had their approval to resell shipping services like your competitors like SYR had done so that we could offer you a similar deal as your competitors like SYR, but you failed to do that.
As to "Reptile Palooza" as that is not your account and you are not the account holders legal representative as such I am not in a position to violate that users privacy and discuss that account with you but will gladly discuss it here, in public with the account holder.
So, a question, What are the proposed differences between Herp Alliance and USARK? Which one is the complete package? Division only may weaken our voice.
Kevin @ NERD
Read this link and then tell me what you think:
http://www.jaxherp.com/usark-update11-8-09.html
Wyatt's testimony on HR2811.
Scroll down to the part that reads:
"For example, last year legislation was passed in NC with the support of the NC Partners in Amphibian & Reptile Conservation to regulate the ownership and use of large constricting snakes. Similar legislation exists in the states of Texas and Florida, for reference. These measures insure that safe, secure, professional best management practices are observed to legally work with these animals. USARK is also currently working in VA and SC to introduce similar legislation in 2010. These best management practices embodied in existing state legislation could easily be adapted to a national USARK accreditation process insuring uniformity and professionalism across the country."
Regardless of whether or not you believe in this type of legislation, what do you think of Wyatt's vehement "no" to your questions?
Thanks you for that pointer. "No" appears to mean something else....
I must be confused......... or something?
Hmmmmmmm...... and I DON'T like those REGS one bit!! Criminal consequence for having a Pet snake? A baby one no less...just the species..... scaring someone with it. Ugghhhhhh........ Open for interpretation....
Wyatt proposes them as a nationwide model and he's God's gift to ectotherms.
Go figure.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_55.html
Walter Kidd knows firsthand the impact Andrew has had on venomous keepers in NC
http://main.aol.com/2011/08/16/man-living-with-154-reptiles_n_928691.html
Then under the USARK umbrella Andrew actually proposed similar regulations across the border in SC, where no regulations had been been proposed.
Bob: A civil non-disclosure agreement has limitations that can easily be penetrated by third parties via lawsuit or by agencies investigating criminal complaints. A NDA's use as a shield is limited. Additionally only the parties of the agreement are subject to the agreement. I am not subject to the agreement. I actually know most of the answers to those questions. I would just like to see them answered and documented, under oath.
Brendan: I have in fact located some of your prior account information and am perfectly willing to discuss your account status here, in public. Your call.
. Enemys within our own ranks
Yes Andrew sure appears to "talk" a good game, sometimes, when he shows up, but in the end it's the results that matter. Before Andrew's rise it was legal to keep ship and sell Burmese pythons, across state lines, and in most states, now it is not. Combating USFWs Big 9 was the primary purpose and reason for forming USARK in the first place. I know that USARK didn't even bother to show up when Texas restricted venomous snakes, large constrictors, road collecting, and implemented the white and black list. The only reason Andrew has ever come to Texas was to - raise money as far as I can tell.
As to USARK and PIJACs support, neither have expressed to me any desire to drop support of venomous or large constrictors. Technically a pet is traditionally considered a companion animal, and it would be hard to consider venomous species a pet that meets the definition, by that I would expect PIJAC, which is a PET lobbying organization to offer only limited support. But to my knowledge they have not limited that support.
My own personal opinion is that the keepers in the state and the state should decide which rules and regulations are right for their constituents and circumstance, I don't want to see any species banned, but I also would like to limit the number of cobras escaping into apartment complexes, so I think that in some cases
regulation and permitting should be required. But I'm not going to come to your state and tell you how you should write your laws. That should be between you and your regulators.
As far as kingsnake.com, we have always, and will always support the venomous keeper, as well as big snake owners and always have and that should be relatively obvious by the fact that not only did we have the first venomous forum, the first venomous classifieds, the first boa, burmese python and reticulated python classifieds and forums, and in fact despite all the changes in laws over the last 15 years all of those things still exist on our site.
NRAAC too, though not a lobbying organization, includes the venomous keeper and the large constrictors. The majority of the 2012 event focused around the constrictor issue, and though venomous was initially on the schedule the only agencies we found that restricted/wanted to restrict them were state agencies. Texas and Florida both sent representatives, but I don't think venomous was discussed much simply because no one there had any pending issues, though we have venomous keepers like Doug Hotle and Tim Cole there should the conversations steer that way.
In the end it's results that matter, and in the end Andrew Wyatts strategy, tactics, and over a million dollars, not only couldn't save Burmese pythons from the feds, he could even prevent an animal that's sole existence is a single specimen in a pickle jar from being banned as injurious.
Andrew has had 5 seasons, and at the end of that his record is 0 wins, 5 losses, and 4 in limbo on the primary purpose for which the organization was formed - 0-5-4
Not many coaches get to continue next season with stats like that.
I too think it is time to move on, but I think the concerns and issues raised by the armchair quarterbacks need to be addressed and some if not all resolved so that we can. After all most of those quarterbacks are either USARK members, contributors,supporters or holdouts, and the last thing anyone should be doing is trying to suppress anyone's opinion. Thats' pretty much how we got where we are today.
As far as which group is bad and which is good or which group doesn't do anything is nothing more than showing those in charge that there is a good number of us out there. We simply need to focus on getting everyone to show up at these events like (NRAAC) which show the folks in charge of creating laws that we are a proactive group and take responsibility.
P.S. I'm glad to see the passion on this matter; it gives me hope that we won't lose this fight.
I can tell you one thing, if USARK or any other group does not think that every segment of horticulture deserves the same whole heart defense....then it does not deserve our support. As it stands, I am very suspicious of the direction USARK will now take.
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