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Document List:
Editorial Commentary:
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1. Rosado Letter to
Pocino (October 29, 2002), with attached Executive Board minutes of October
28, 2002: approving supervision and recognizing powers of the Supervisor.
2.
Voluntary Supervision Agreement, dated October 28, 2002.
3.
Letter Appointing Pocino Supervisor (November 8, 2002).
4.
Extension of Supervision (Letters of March 22, 2004 & April 19, 2004)
5.
Officer Blanks showing Positions of Rosado and Gambardella.
6.
Schultheis Engagement Letter, authorized by Byrne.
7.
Document List E-Mailed from Schultheis to Byrne (August 11, 2004).
8.
Documents Byrne Found in Rosado's Desk:
a.
Page 1:
Byrne explanation of how he found docs.
b.
Pages
2-3: Fax from Byrne to Rosado sending Schultheis document request and
telling him to get everything ready.
c.
Page 4:
Draft of engagement letter.
d.
Page 5:
List of Required Docs.
e.
Page 6:
Handwritten notes of Rosado showing Rosado's doubts.
f.
Page 7:
Counsel to funds tells Rosado that the document requests are appropriate and
that the Funds should comply. (August 20)
g.
Page 8:
August 13 letter from Fritzsch to Van Sertima delaying cooperation on
operational review until after Labor Day.
9.
August 13 Letter of Fritzsch telling Van Sertima that nothing can be done
until after Labor Day.
10. E-Mail from Van Sertima to Byrne, dated August 16, 2004 notifying Byrne
of delay.
11. August 20 Letter of
Plans Counsel to Rosado counseling that document requests are appropriate and that the Funds should
comply.
12. E-Mails Between Van
Sertima and Byrne discussing lack of documents given to Schultheis as of September 13 and Byrne's
suspicions about Rizzo.
13. Attorney Letter
Discussing Contemplated Resignation of Administrator John Fritzsch, dated
September 13, 2004.
14. Resignation of Letter of Fritzsch, dated September 14, 2004.
15.
Rosado's Unacceptable September 30 Letter.
16.
Letter of Byrne for Rosado's Signature, dated October 1, affirming Byrne as
Trustee.
17.
Pocino Letters of October 6 Removing Gambardella and Appointing Byrne;
Advising Rosado.
18.
Letter of October 8: Byrne advises Rizzo of Byrne's trustee appointment,
which Byrne accepts.
19.
Rizzo letter says Trustees have terminated Kroll and hired Bisceglie
(October 4).
20.
Calastro
Letter of November 9: Emergency Trusteeship is a "power grab" to control
$100 million of Funds; "strong arm" the trustees into rehiring Kroll and
Schultheis after removing vendors who have served the Funds well; Authority
of Byrne and Pocino to sign checks cannot vest until after a decision of the
IHO; Question Pocino's authority under LIUNA Constitution, trust agreements
and Supervision agreement to remove Gambardella and Rosado because
Executive Board was
never divested of its powers; Kroll was properly terminated and Bisceglie retained (attaches minutes of
October 4 Emergency trustees meeting); Pocino has a conflict at Local 734
Trustee and as a Funds Trustee; Again copies Gambardella and Rosado as Fund
Trustees.
21.
October 8
Letter: Byrne has October 4 letter terminating Kroll; Byrne asks Rizzo the
date and place
of the Trustees meeting where this occurred, the Trustees present and how
each Trustee
voted.
22.
October
14 Letter: Rizzo follows up letter of October 4 and tells Kroll to cease
doing any work for Funds and to turn over files.
23.
Rizzo
Letter of October 25: Rizzo makes further demand of Kroll that Kroll release
all of its files related to its handling of the Funds matters.
24.
Letter of
Bisceglie to Schultheis, dated October 18, telling Schultheis to release all
information to Bisceglie and to refrain from releasing information to anyone
else.
25.
Rosado letter to Pocino confirming his removal as trustee.
26.
Pocino
Letter to Board notifying Board that he removed Rosado the night before and
appointed himself as a trustee. Reaffirms that Byrne was trustee as of July
27.
27.
Pocino
Letter to Rizzo notifying him that Rosado is removed and that Pocino and
Byrne are the trustees; that the termination of Kroll and hire of Bisceglie
is void until reviewed by the entire Board and that a meeting of the Board
should be scheduled.
28.
Draft report of Schultheis.
29.
October
22 Letter from Bisceglie to Schultheis terminating their services, attached
to letter is October 5 agreement with Schultheis.
30.
October
22 Letter from Funds Chairman Calastro to Pocino saying: (i) Byrne was never
installed as a trustee on July 27; (ii) except October 6 letter, nothing was
filed with Funds office
confirming the removal
or appointment of trustees; (iii) Gambardella and Rosado continue as trustees; (iv) October 4
meeting was proper; Kroll was terminated and Bisceglie retained by majority
vote; (v) meeting will not be held until December 14.
31.
Pocino
Letter of October 25: asks Rizzo to provide him with an oath of office form
and to provide a record of past oaths of other trustees.
32.
Letter of
Byrne, dated November 9, confirming that Rizzo says that the Funds had never
used a written oath.
33.
Executive
Board Letter of October 25 to Pocino: Take exception to Pocino's removal of
Rosado; Schultheis and Kroll breached confidences; Executive Board
cooperated with the removal of Gambardella although it "strenuously
disagreed" with that too; requests that Supervision be finalized; and
requests that Pocino retract statements about Rosado. On page 6 is a letter
to membership asking them to sign petition in support.
34.
Rosado
Involvement in Letter: Byrne recovered notes from Rosado's desk indicating
that he was
involved in the letter to the members, even though Rosado denied any
involvement in the letter.
35.
Recommendation of Emergency Trusteeship (October 26): Pocino advises
O'Sullivan.
36.
Letter of
General President Imposing Emergency Trusteeship, dated October 28, 2004.
37.
Calastro
Letter to Pocino (October 29): his reaction to the trusteeship is "shocked
and dismayed", "unfairly prejudged", "difficult to comprehend."
38.
November
4 Letter of Administrator Rizzo to Local 734 Members: criticizing the
emergency trusteeship.
39.
November
5 Letter of Pocino requesting that Rizzo attempt to arrange a meeting of
Fund trustees to address the outstanding issues at the Funds.
40.
November
8 Letter of Pocino: objecting to copying Rosado and Gambardella as trustees;
objecting to Bisceglie; again asks for a Fund trustees meeting.
41.
Byrne
Letter to Calastro of November 10 confirming conversation: refusal of Board
meeting; refusal to recognized Pocino and Byrne as trustees; refusal to
reinstate Schultheis.
42. (No exhibit)
43.
Calastro
Letter of November 10 to Byrne: agrees to permit Schultheis to finish it
operational
review if preliminary report is released and report disseminated to all
trustees at a quarterly meeting.
44.
Pocino
Letter of November 12: agrees to Calastro proposal; encloses copy of
operational review.
45.
Vergalito
LIUNA Membership Standing Form
46.
Records
of Vergalito's 1997 Federal Conviction.