IN THE MATTER OF KEITH LOSCALZO
LOCAL 79 NEW YORK, NEW YORK 
____________________________________

WHEREAS, KEITH LOSCALZO is a member of Laborers' International Union of North America (^"LIUNA^") Local 79 ("Local 79"), located in New York City;

WHEREAS, KEITH LOSCALZO is presently the Business Manager of Local 79 and the Secretary-Treasurer of the Mason Tenders District Council of Greater New York and Long island ("Mason Tenders District Council^");

WHEREAS; the Office of the Inspector General and the General Executive Board Attorney ("GEB Attorney^") have conducted an investigation of KEITH LOSCALZO, including his acquisition, through his wife, of two automobiles from a car dealership with whom Local 79 and the Mason Tenders District Council were then doing business, both acquisitions violating paragraph 4 of the "Business and Financial Activities of Union Officials^" section of the LIUNA Ethical Practices Cock ("EPC');

WHEREAS, the Office of the GEB Attorney has advised KEITH LOSCALZO that it has acquired evidence that would support the filing of disciplinary charges against him;

WHEREAS, KEITH LOSCALZO and the GEB Attorney wish to resolve this matter upon mutually agreeable terms, without litigation;

NOW, THEREFORE, in older to resolve this prospective disciplinary action, LIUNA, its Office of Inspector General, its GEB Attorney and KEITH LOSCALZO (^"the Parties^") agree to settle this matter upon the following terms and conditions:

1.    On March 24, 2000, KEITH LOSCALZO, through his wife, purchased a 1998 Ford Explorer automobile from Franklin Square Ford, a car dealer located at 690 Hempstead Turnpike, Franklin Square, New York (^"Franklin Square Ford"), by paying Franklin Square Ford no more than eight thousand dollars ($8,000.00) in cash. At the time of this purchase, the estimated Kelley Blue Book value of this automobile was approximately fifteen thousand five-hundred dollars ($15,500.00). At the time of this purchase, Franklin Square Ford was a business with which Local 79 and the Mason Tenders District Council were doing business. At the time of this purchase, KEITH LOSCALZO knew that the discount that Franklin Square Ford provided to him in this transaction was in consideration of the business that Local 79 had given to Franklin Square Ford through the Local^'s leasing of Franklin Square Ford vehicles. This transaction was a violation of paragraph 4 of the "Business and Financial Activities of Union Officials^" section of the LIUNA EPC.

2.    On November 8, 2002, KEITH LOSCALZO, through his wife, purchased a 2002 Ford Explorer automobile from Franklin Square Ford by paying Franklin Square Ford no more than eight thousand dollars ($8,000.00) in cash. The "Total Cash Price^" reflected on the sales invoice was in the amount of seventeen thousand seven-hundred fifteen dollars ($17,715.00). At the time of this purchase, the estimated NADA Blue Book retail value of this automobile was approximately twenty-one thousand nine-hundred seventy-five dollars ($21,975.00). At the time of this purchase, Franklin Square Ford was a business with which Local 79 and the Mason Tenders District Council were doing business. At the time of this purchase, KEITH LOSCALZO knew that the discount that Franklin Square Ford provided to him in this transaction was in consideration of the business that Local 79 had given to Franklin Square Ford through the Local^'s leasing of Franklin Square Ford vehicles. This transaction was a violation of paragraph 4 of the ^"Business and Financial Activities of Union Officials" section of the LIUNA EPC. After the LIUNA Office of the Inspector General detected this violation, KEITH LOSCALZO made a further payment to Franklin Square Ford in the amount of nine thousand seven-hundred fifteen dollars ($9,715.00), via a check dated September 19, 2003.
   

2. KEITH LOSCALZO voluntarily agrees that, effective December 1, 2004, he shall resign from any elected, appointed or hired position as an employee, officer, trustee, board or committee member, in or with LIUNA or any LIUNA-affiliated entity, including its benefit funds, regardless of whether any such position is paid or unpaid.
   

3.       As of December 1, 2004, KEITH LOSCALZO is barred for a period of one (1) year from seeking or holding any elected, appointed or hired position as an employee, officer, trustee, shop steward, board member or committee member, in or with LIUNA or any LIUNA-affiliated entity, including its benefit funds, regardless of whether any such position is paid or unpaid KEITH LOSCALZO may seek or hold any such positions or employment after this one (1) year period of suspension provided that he successfully fulfills all conditions of this Settlement Agreement.
    
4. As of December 1, 2004, KEITH LOSCALZO is barred for a period of three (3) years from seeking or holding any elected, appointed or hired position as an employee, officer, trustee, shop steward, board member or committee member, in or with Local 79 or the Mason Tenders District Council, regardless of whether such position is paid or unpaid. KEITH LOSCALZO may seek or hold any such positions or employment after this three (3) year period of suspension provided that he successfully fulfills all conditions of this Settlement Agreement.
    
5. The GEB Attorney or Inspector General shall have the authority to terminate or suspend any bar set forth in this Settlement Agreement, at their discretion and under any conditions they impose.
    
6.   The term "LIUNA-affiliated entity" in this Settlement Agreement shall mean: LIUNA; all subordinate bodies or affiliates of LIUNA, including, but not limited to Local 79 and the Mason Tenders District Council; and any fund, political action committee, or other entity within LIUNA, related to LIUNA, or administered in whole or in part by individuals designated by officers, employees, members, affiliates, or subordinates of LIUNA.
    
7. KEITH LOSCALZO shall pay a fine to Local 79 in the amount of seven thousand five-

8. KEITH LOSCALZO will be allowed to remain a member in good standing of Local 79.
    
9. Any violation of this Agreement will be grounds for discipline.
    
10.   KEITH LOSCALZO agrees that he will not seek, accept, or receive any payment, gifts, back vacation pay, severance benefit or thing of value, in any form whatsoever, from Local 79, the Mason Tenders District Council or any LIUNA-affiliated entity, with the exception of any vested pension, annuity or health benefits to which he may be legally entitled. This Agreement is not intended to and shall not affect KEITH LOSCALZO^'S entitlement to, or eligibility for any amount of such vested benefits or any entitlement to medical, hospitalization and other such coverage in accordance with the terms of any applicable welfare fund plan.
     
11. The GEB Attorney will not initiate disciplinary proceedings against KEITH LOSCALZO, or seek to impose any disciplinary penalty upon him, based on information currently in the possession or control of the GEB Attorney's Office or the Inspector General^'s Office.
     
12. The Parties understand that this Settlement Agreement binds only the Parties and applies only to KEITH LOSCALZO. The GEB Attorney reserves the right to pursue disciplinary
    

13.       KEITH LOSCALZO, his heirs, executors, successors and assigns fully releases and forever discharges and agrees to hold harmless LIUNA, the GEB Attorney, the Office of Inspector General, and their officers, employees, agents, representatives, successors or assignees, from any and all past, present and future claims, actions, causes of action, rights, liabilities, obligations and demands of every kind or character whatsoever, whether known or unknown, for damages and costs of any kind in connection with any actions taken by the Office of the GEB Attorney and the Office of the Inspector General in connection with this matter.
     
14. This Settlement Agreement shall become effective upon ratification by KEITH LOSCALZO and a member of the GEB Attorney^'s Office. If this Settlement Agreement has not been ratified by October 8, 2004, it shall become voidable in the GEB Attorney's sole discretion.
     
15. This Settlement Agreement shall be governed by the Laws of the District of Columbia.
     
16. This Settlement Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one instrument.
     
17.    This Settlement Agreement represents the full, complete, and binding resolution of the Parties with respect to all matters recited herein and can be changed, altered or modified only by written agreement, executed by all of the Parties. The Parties hereby acknowledge that there exist no representations, settlements, promises, or undertakings related to this Settlement Agreement other than those set forth in this Settlement Agreement.
     
18. By executing this Settlement Agreement, the Parties acknowledge and agree that they have
    

read this Settlement Agreement in its entirety, have entered into this Settlement Agreement voluntarily, under no duress or coercion of any kind, with a full understanding of its terms and with full opportunity to consult with legal counsel to the extent they deemed necessary to understand its terms. Furthermore, KEITH LOSCALZO acknowledges that the GEB Attorney^'s Office has informed him of his right to be represented by legal counsel in this matter and that, in fact, he has been represented by counsel in this matter. KEITH LOSCALZO also recognizes that this Settlement Agreement is contractual in nature and enforceable in a court of law.
 

19. The Parties acknowledge and agree that this Settlement Agreement shall he binding on them, and on their heirs, executors, administrators, successors in interest and assigns. The Patties hereby authorize and instruct their counsel to perform all acts necessary or appropriate for the effectuation of this Settlement Agreement and its attachments, and they agree to be bound by this Settlement Agreement.
    

IN WITNESS WHEREOF, the Parties have signed, sealed and acknowledged this Settlement Agreement as of the day and year written below their respective signatures.