capsfightingunioncaucus

Rank and File Scientists Demanding our Rights

CAPS BOARD INSTALLATION-IN VIOLATION OF P&P & CCC

From: Rachlis, Charles

Sent: Mon 10/31/2011 4:26 PM
To: CAPS
Subject: NOTICE: CAPS operating in violation of 2011 Policy Manual

NOTICE TO CAPS BOARD:

YOU ARE OPPERATING IN VIOLATION OF THE POLICY AND PROCEDURES FOR CAPS.  THE BYLAWS CHANGE OF FEBRUARY 2011 WAS MADE ILLEGALLY AND THE CURRENT MOU WAS SIGNED BY OFFICERS NOT DULY INSTALLED AS PER BYLAWS AND CAPS CURRENT POLICY.  CONTINUATION OF THESE VIOLATIONS ARE CRIMES AGAINST THE MEMBERSHIP AND HAVE RESULTED IN THEFT OF SERVICES AND RACKETEERING.

I have discovered that the installation of officers planned for this Saturday will be done in violation of the 2011 Policy and Procedures for CAPS.

Page 18 of the CAPS Policy manual dated February 2011. Section V. MISCELLANEOUS, B.ELECTIONS 2. States:  “Elections are held in October of each odd numbered year, with new officers being installed at the corresponding Annual meeting to be held in November (Revised 01/10/04).

This is a continuation of the long term violation of the Bylaws  which  (until February 2011) required both an Annual Membership meeting and that the officers will be installed at that meeting.  This required Annual meeting has not been held in over 10 years.  When I brought this to the attention of the Board last November the board did not respond to me directly.  You seemingly ignored my complaint that the sitting board was sitting illegally but then you did go ahead and change the bylaws in February 2011 to abolish the Annual Membership meeting.

But the staff did not closely cross check the Policy Manual which supplements the bylaws and guides the organization.  If they had, they would have had to hide the evidence of past democratic practices by changing  Policy Manual Section V.B.2.  but they did not.  Therefore this planned installation meeting Saturday next will commit acts against the intention of the Policy Manual and in violation of the old bylaws.

In the same vain the new bylaws (passed in February 2011) were put in place by a board which was (as were the last 5 boards) illegally installed.  In fact the MOU itself is an illegal document because it was signed by officers who were installed illegally in violation of the bylaws.  This is the consequence of ignoring the bylaws and trying to hide the member’s rights from the membership.  The entire edifice upon which CAPS is governed collapses in a sea of violations of CAPS bylaws, and policies.  Even if CAPS’ overseers at B&B caught Policy V.B.2. and changed it the organization would still be in violation of California Corporate Code which requires that Regular Meetings be held at a set time and place, not at a time and place to be set by the board as is written the new 2011 (illegally drafted, passed and implemented) Bylaws.

Charles Rachlis

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November 1, 2011 - Posted by | CAPS BYLAWS ISSUES, CAPS election 2011, CAPS HISTORY | , , , , ,

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