Rank and File Scientists Demanding our Rights

Grievance submitted against Miller, Velez & Brown

Date January 6, 2012

To: CAPS Membership Discipline Review Committee

From: Charles Rachlis

Subject: Charges against David Miller, Patty Velez, Valerie Chenoweth-Brown

 Pursuant to California Corporations Code (CCC) 7510 (b)and CAPS bylaws Article III Section 1 (a) and CAPS policy Manual Section V.A.1.

“If a corporation with members is required by subdivision (b) to hold a regular meeting and fails to hold the regular meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the formation of the corporation or after its last regular meeting, or if the corporation fails to hold a written ballot for a period of 60 days after the date designated therefor, then the superior court of the proper county may summarily order the meeting to be held or the ballot to be conducted upon the application of a member or the Attorney General, after notice to the corporation giving it anopportunity to be heard.”

 CAPS is organized as a mutual benefit non profit corporation which must operate under CCC.  For lack of a regular meeting over the last ten years CASPS stands in violation of CCC 7510 (b).

 The officers above have been the executive officers of the organization for the last 4 years and have not abided CCC.  Prior to the change in the bylaws last February they did not abide the old bylaws which mandated an annual regular meeting.   We have made repeated recommendations, requests and demands that the regular annual meeting be convened only to be ignored by these officers, the executive director and the entire board.  The denial of the regular membership meeting is in fact a theft of services.  The organization has a responsibility to abide the bylaws and corporate code under which it is organized.  The organization takes members dues based on abiding the bylaws and corporate code under which it is organized.  Therefore by not abiding those rules and regulations these offices have neglected their duty to the membership and authorized theft of members dues without giving the members their right to an annual regular meeting.

 We believe that based on the theft of services from the membership the Membership Discipline Review Committee should recommend the termination of Mr. Miller, Ms. Velez and Ms. Chenoweth-Brown’s membership in CAPS.

 Charles Rachlis

FYI:  the informational meetings which have been periodically held do not correspond to the legel definition of a regular membership meeting.  At a regular membership meeting the Roberts Rules of Order apply and members can put issues before the membership by entering them on the agenda or under new buisiness or under agenda points addressing the concern of the order.

January 9, 2012 - Posted by | Grievance vs CAPS leadership | , , ,

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