Protest on measly solution to problem of ignorance by Richard Saks

Contrary to the assertion that election protest 55 has been settled, my pro clients, Richard Fleming and Harry Goldwater (local 1076 members) are not willing to settle for an administrative solution to the refusal of Local 1076 to provide a copy of the local's IRS Form 990 as required by Federal regulation. The form 990 was not requested merely as information relevant in the context of an election, it was demanded as a matter of right and we want local 1076 and every other LIUNA tax exempt entity to know that they must provide to any member of the public a copy of the entity's 990 report whenever that citizen requests and is willing to pay reasonable copying costs, as provided by U.S. Federal regulation. See http://www.thelaborers.net/whatsnew.htm or search on "IRS " "990".

The refusal to provide this information was a denial of rights under the LMRDA, under LIUNA's ethics code, constitutes a breach of fiduciary duty by officers who are servants to the members, and is indicative of LIUNA's "keep them in the dark" attitude towards educating and informing the members .

The measly solution proposed to settle this protest is unacceptable. Unless the members of LIUNA are informed of their rights and responsibilities and until LIUNA officers are forced to conduct themselves ethically and in compliance with all Federal law and regulations, the treasury of LIUNA is going to be continually depleted by payments to union attorneys who refuse to recommend that their union clients operate ethically in compliance with LIUNA's Ethics Code, funds are going to be embezzled , and the need for highly paid independent reformers will never diminish.

----- Original Message -----

From: jimmcgough

To: Dan Kosanovich ; David Buvinger ; Stephen Goldberg ; Robert Luskin ; Richard Saks

Sent: Thursday, June 07, 2001 2:09 PM

Subject: Protest decision on availability of 990 IRS reports & Hobbes violations

Attached is the pdf file version of the fax I received from Richard Saks who has advised me that the attorney for local 1076 now understands that the FORM 990 each 501 (c) tax exempt entity files (Local 1076 Pontiac Michigan) must be provided to Mr. Fleming and Mr. Goldwater, my probono clients.

If the decision from the Election Officer does not clearly state that each LIUNA entity's 990 report is to be made available to members of the public requesting and willing to pay a reasonable copying cost, we will appeal the decision to the Appellate Officer for a ruling to the effect that these reports are to be made available whenever a member of the public requests a copy-all as provided by Federal IRS Regulation. I sent the reg to Mr. Saks.

When my client, Mr. Goldwater, gets out of the hospital and completes his filing of the necessary police report for the assault and battery he received this morning in local 1076 at the hands of one of the election judges named Lorenzo, we will file another protest to remove that election judge and make another request for a mail ballot for local 1076. Witnesses report to me that the election judge forcibly removed the chair on which my disabled client was sitting in the offices of local 1076 and further injured him with the metal chair.

I will wait for the police report to determine if this is a Hobbes violation. or just another incident that will probably be whitewashed in the event mobster Angelo Fosco relatives, Mr. Healy or Bruce Monaco, are assigned to investigate the matter ala local 113 by the GEB attorney.