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Case 1:90-cv-05722-RMB-THK

Document 1410

Filed 10/08/13

Page 1 of 3

UNITED STATES DISTRICT COURT SOUTIIERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff,.

-v­

DIS1RICT COUNClL OF NEW YORK CITY, AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et al.,

Defendants.

Preliminary Statement

90 Civ. 5722

U\\

OCT 08 2013

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CHAMBERS OF RICHARD M. BERMAN

U.S.O.J.

MEMOENDORSED

(S

This is in response to the courts invitation for candidates who were disqualified

from running for the position of Executive Secretary Treasurer to make submissions to

the court.

This Court has previously held that the Review Officers decision to disqualify a

candidate is non-reviewable, and that the Review Officer is not required to supply any

basis for his decision to disqualify a candidate. So, I am at a loss to as to why the court

is taking submissions in this.

I not appealing the Review Officers disqualification of me, not because I believe

his allegations have merit, but because the previous Decision by this court in regards to

the Review Officers authority to disqualify candidates is unambiguous in that the

Court may not review the Review Officers decisions under 5.k.vi. So this submission

is simply to "create a record", (to steal a phrase) of what I view to be nothing more

than a mockery of the democratic process.

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Case 1:90-cv-05722-RMB-THK

Document 1410

Filed 10/08/13

Page 2 of 3

The Record

While the Review Officer does attempt to portray his conclusions as creating a record, that is a misnomer, the record is what shows the basis for the conclusion which is reached, the conclusion itself cannot be deemed to constitute the record.

When a court enters a Decision, that is not the record in that matter, it is simply the courts decision which is based on the record which is contained in the docket in that matter. When someone appeals the Decision of a court, they attempt to demonstrate that the record does not support the Decision which was entered. When a court rules that a plaintiff is not allowed to cite from the docket of the matter which

they are appealing, I will concede that the Review Officers opinions constitute a record.

Which is why I will not be addressing the Review Officers fmdings in relation to me. I see no point in trying to prove that the Review Officer does not hold a particular opinion, which would be what would be required under this courts previous decision.

Democratically Elected

What I would like to address is the Review Officers petition to the Court to start the entire election cycle over because he is unhappy with the results. There is nothing

in the Stipulation or Consent Decree to the effect that elections must be contested. If

there is only one candidate nominated, that candidate is deemed to be democratically elected. This is the case for all elected positions at the District Council and its affiliated

Locals. During the last elections for Delegates to the District Council there were several Locals in which the incumbents were unopposed and were deemed elected. In one local where a candidate was found ineligible to run for office after nominations, where this only left enough candidates to fill the vacant positions, those who remained

were deemed elected.

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Case 1:90-cv-05722-RMB-THK

Document 1410

Filed 10/08/13

Page 3 of 3

The Review Officer has held that the delegates must be democratically elected, and if those delegates who ran unopposed are deemed to be democratically elected, then Greg Kelty is now the democratically elected Executive Secretary Treasurer. The Review Officer cannot take two completely polar positions as to what constitutes

democratically elected just because it resulted from his decision to disqualify all but one of the four candidates.

Conclusion

Everything which occurred in this matter is a mockery of the democratic process. Unless the laws which govern us are given consistent interpretations, they are meaningless. If one can give different interpretations to the same law just to make it fit what someone wants them to say at that moment, then the laws are of no value. If one can be appointed to a position that can only be achieved through democratic elections if one agrees to sign a "Commitment of Service to the Review Officer", then the rule only exists to serve as leverage, and such rules benefit no one.

Patrick

Nee

10/8/13

6818 52 nd Dr. Maspeth NY 11378 1(718) 593 6414

and such rules benefit no one. Patrick Nee 10/8/13 6818 52 n d Dr. Maspeth NY

I,

I

and such rules benefit no one. Patrick Nee 10/8/13 6818 52 n d Dr. Maspeth NY

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