capsfightingunioncaucus

Rank and File Scientists Demanding our Rights

CAPS Leadership Ignored CAPS Rules

The following letter was sent to the board of CAPS on 09/14/12.

Open letter to the Board of CAPS,

Find attached and in the e-mail below a grievance filed by Charles Rachlis against David Miller and Patty Velez on January 9th 2012 for violation of California Corporate Code and denial of members rights to examine and copy the membership list (http://wp.me/p1OGRw-21.) To our knowledge the Membership Disciplinary Review Committee (MDRC) ignored and took no action to adjudicate this grievance, neither has the MDRC made any report to the membership on the submittal of this grievance, nor have they responded to the author of the grievance.

This lack of action on the part of the board and the MDRC stands in violation with the rules (bylaws and Policy & Procedures Manual) of the organization and thereby denies members just rights. This grievance was submitted prior to the illegal Kangaroo court which expelled Rachlis and suspended Cosentino. The leadership acting under the inept guidance of councel provided by Blanning and Baker LLC, Gerald James Esq. and Lisa Crevich Esq., decided to place this grievance in the circular file.

In the PERB adjudication of Charles Rachlis V. CAPS UPC# SF-CO-60-S PERB has recently found against CAPS and demanded that CAPS cease and desist from: “Unreasonably or refusing to apply internal disciplinary procedures to its members,” and from “Interfering with the protected rights of members to join and participate in the activities of CAPS by unreasonably or refusing to apply internal disciplinary procedures to its members.”

The PERB decision also demands that CAPS “Rescind the termination of Rachlis’ membership and reinstate him to active member status with all the rights and privileges thereof back to the effective date of the termination.”

Therefore Rachlis had and still has the right to have this grievance heard! The CAPS board and the MDRC must take action to address the violation of membership rules and the denial of the rights and privileges of rank and file member Rachlis to file and have the grievance submitted on January 9th,2012 (see attached) heard. We demand that the CAPS board take action to address the violation of membership rights by the decisions of the President (the sitting chair person of the MDRC.)

I demand that the CAPS board remove David Miller from the role as chair of the MDRC. I demand that the Board convene a meeting of a new MDRC to address the violation of memberships rights by the last seated MDRC which was convened to adjudicate the Miller/Brown v. Rachlis and Miller/Brown v. Cosentino grievances. I demand that the new MDRC address the violations of members rights carried out by the MDRC convened under the Chair of V.P. Patty Velez. This new MDRC must address the grievance (see attached) submitted on January 9th 2012. As that Charles Rachlis has had all rights of membership restored by the finding of illegal activity on the part of the MDRC/CAPS by PERB I demand the board assure those rights are respected and the grievance submitted on January 9th, 2012 be fairly adjudicated by an impartial MDRC without interference from the Blanning and Baker LLC, or any of the members who sat on the previous MDRC.

Charles Rachlis

From: Rachlis, Charles (CDPH-ADM-PSB-FMS)
Sent: Monday, January 09, 2012 12:02 PM
To: CAPS; capsfightingunioncaucus@gmail.com
Subject: CAPS: Rachlis grievance against Miller & Velez RE: violation of CCC as regards access to membership list

Date January 9, 2012

To: Membership Discipline Review Committees c/o CAPS Board

From: Charles Rachlis and Giorgio Cosentino

Subject: Charges against President David Miller, Vice President Patty Velez,

CAPS is organized as a mutual benefit non profit corporation which must abide California Corporate Code. CAPS must provide a venue for membership to convene a special meeting. That venue is provided pursuant to CCC and outlined Bylaws Article III Section 2(a); in which, a members’ right to petition the membership to hold a special meeting is enshrined. In order to reach the membership for the purpose of distributing the petition, a list of the members’ names addresses and voting rights must be made available with in ten days of demand. Due to the actions of President David Miller and Ex President Velez CAPS stands in violation of CCC 8330. Their reckless disregard for the law under which CAPS is mandated to function opens the organization to liabilities for denial of services, theft of dues, and denial of dues payers rights.

In order to accomplish the petitioning of the membership I requested from the CAPS board that they abide CCC and render a membership list for the stated use. See e-mail request to the board:

From: Charles Rachlis []
Sent: Wednesday, December 28, 2011 6:19 PM
To: CAPS
Cc: Giorgio Cosentino; Subject: Petition for special membership meeting

To the CAPS board,

According to the by-laws I need 5% membership signatures to call for a special membership meeting. I would like to circulate a petition to call for a special membership meeting. To do so I will need the list of the membership including their e-mail addresses, home addresses and phone numbers as is my right according to California Corporate Code which governs Mutual Benefit Non Profit Corporations such as CAPS. Please submit the list to this email address or let me know when I can pick it up at the CAPS office in San Francisco. I can be at the office this Friday at 11:00 does this work for you?

Charles Rachlis

President David Miller responded on behalf of the current board and refused to comply with California Corporate code thereby making it impossible for me to reach the membership to gather a petition to hold a special membership meeting. See David Millers’ e-mail of December 29th, 2011.

From: David Miller
To: ‘Charles Rachlis’
Sent: Thursday, December 29, 2011 2:54 PM
Subject: RE: Petition for special membership meeting
Dear Mr. Rachlis,

You have requested that CAPS provide you a “list of the membership including their e-mail addresses, home addresses and phone numbers”.

I respectfully deny your request.

I have instructed CAPS staff provide no such list to you, or to anyone else.

The CAPS Board is aware of your request and my response.

Sincerely,

David Miller
CAPS President

In a follow up e-mail I asked how to go about petitioning the membership as is our right. No response has been received to date.

—– Forwarded Message —–
From: Charles Rachlis
To: David Miller
Cc: Giorgio Cosentino ; “3risksys@gmail.com”
Sent: Thursday, December 29, 2011 4:56 PM
Subject: Re: Petition for special membership meeting
Dear David Miller,

Please explain how a member is to petition the membership to convene a special meeting of the organization without a way of knowing who the members are.

Charles Rachlis

“The working class and the employing class have nothing in common.”
IWW founding congress opening statement
________________________________________

Refusal to abide the CCC 8330 is violation of the law as enforced by the attorney general of the state of California. The Membership Disciplinary Review Committee may review the law below. For violation of members’ rights, for violation of the bylaws, and for violation of CCC in the name of CAPS we request that David Miller and Patty Velez’s membership in CAPS be terminated.

Submitted to the CAPS Board by Charles Rachlis on January 9, 2012

Submittal #1
CALIFORNIA CODES
CORPORATIONS CODE
SECTION 8330-8338
8330. (a) Subject to Sections 8331 and 8332, and unless the
corporation provides a reasonable alternative pursuant to subdivision
(c), a member may do either or both of the following as permitted by
subdivision (b):
(1) Inspect and copy the record of all the members’ names,
addresses and voting rights, at reasonable times, upon five business
days’ prior written demand upon the corporation which demand shall
state the purpose for which the inspection rights are requested; or
(2) Obtain from the secretary of the corporation, upon written
demand and tender of a reasonable charge, a list of the names,
addresses and voting rights of those members entitled to vote for the
election of directors, as of the most recent record date for which
it has been compiled or as of a date specified by the member
subsequent to the date of demand. The demand shall state the purpose
for which the list is requested. The membership list shall be made
available on or before the later of ten business days after the
demand is received or after the date specified therein as the date as
of which the list is to be compiled.
(b) The rights set forth in subdivision (a) may be exercised by:
(1) Any member, for a purpose reasonably related to such person’s
interest as a member. Where the corporation reasonably believes that
the information will be used for another purpose, or where it
provides a reasonable alternative pursuant to subdivision (c), it may
deny the member access to the list. In any subsequent action brought
by the member under Section 8336, the court shall enforce the rights
set forth in subdivision (a) unless the corporation proves that the
member will allow use of the information for purposes unrelated to
the person’s interest as a member or that the alternative method
offered reasonably achieves the proper purpose set forth in the
demand.
(2) The authorized number of members for a purpose reasonably
related to the members’ interest as members.
(c) The corporation may, within ten business days after receiving
a demand under subdivision (a), deliver to the person or persons
making the demand a written offer of an alternative method of
achieving the purpose identified in said demand without providing
access to or a copy of the membership list. An alternative method
which reasonably and in a timely manner accomplishes the proper
purpose set forth in a demand made under subdivision (a) shall be
deemed a reasonable alternative, unless within a reasonable time
after acceptance of the offer the corporation fails to do those
things which it offered to do. Any rejection of the offer shall be in
writing and shall indicate the reasons the alternative proposed by
the corporation does not meet the proper purpose of the demand made
pursuant to subdivision (a).

Charles Rachlis

September 14, 2012 Posted by | Grievance vs CAPS leadership, Uncategorized | , , , , , , , , , | Leave a comment

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.”

http://ag.ca.gov/consumers/general/homeowner_assn.php

 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 | , , , | Leave a comment