<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd">
<html><body>
<div style="margin: 0px; font-size: 12px; font-family: Helvetica;"><span style="font-size: 12pt;">For those of you who are members of the Cooperative Development Center Federal Credit Union and/or interested in political dimensions of democratic organizations... Read on</span></div>
<p style="margin: 0px; font-size: 12px; font-family: Helvetica;"><span style="font-size: 12pt;"><br></span></p>
<p style="margin: 0px; font-family: Helvetica;">And to all a happy Sunday!</p>
<p style="margin: 0px; font-family: Helvetica;"><br></p>
<p style="margin: 0px; font-family: Helvetica;">:Danny</p>
<br><br><div class="gmail_quote">
<p>---------- Forwarded message ----------<br>From: <b class="gmail_sendername">Tim Huet</b> <span dir="ltr"><<a href="mailto:easytospell@sbcglobal.net">easytospell@sbcglobal.net</a>></span><br>
Date: Sun, Dec 1, 2013 at 3:31 AM<br>Subject: from Tim Huet; URGENT info and help needed<br>To: "<a href="mailto:tim@arizmendi.coop">tim@arizmendi.coop</a>" <<a href="mailto:tim@arizmendi.coop">tim@arizmendi.coop</a>><br></p>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
<p>{This is a matter of great urgency for what-should-be a democratic
organization that can do great good for its community. I apologize
for the mix of personal and work email addresses, especially if you
got duplicate messages. I'm trying to get this message out to
members of the Cooperative Development Center Federal Credit Union
before Tuesday's meeting; I'm writing you as people who hopefully
know me as someone who has dedicated myself to building democratic
organizations and would not do the things that certain people in
power are accusing me of. Please feel encouraged to forward this
message on to any friends you know who might be members of the
credit union to assist the effort to fight this assault on
democracy.}<br><br>
Hello. I have started to receive enquires from friends and worried
credit union members regarding the action of the credit union’s
Supervisory Committee to suspend Tye Kirk, Mike Leung, and myself.<span style="mso-spacerun:yes"> </span><span style="mso-spacerun:yes"> </span>Let
me begin by saying that I believe the suspensions reflect a grave
governance crisis for the credit union, but I also believe the
credit union is financially secure.<span style="mso-spacerun:yes">
</span>My primary interest continues to be to revive the credit
union as a democratic institution and have it serve its
community/members well, even if other parties wish to engage in
factional warfare and divert resources that could better serve the
members.</p>
<p></p>
<p class="MsoNormal">I will provide a brief response to the charges
here because past experience indicates I might not be given a fair
opportunity to respond to charges in the meeting.<span style="mso-spacerun:yes"> </span>Though fair process would
involve an unbiased investigation, the Supervisory Committee did
not even interview me before issuing its charges and suspension.<span style="mso-spacerun:yes"> </span>The allegations are that Tye,
Mike, and I…</p>
<p></p>
<p class="MsoListParagraphCxSpFirst" style="text-indent:-.25in;mso-list:l0 level1 lfo1"><span style="font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol"><span style="mso-list:Ignore">·<span style='font:7.0pt
"Times New Roman"'> </span></span></span>“Attempted
to hold one or more Board meetings without giving notice to the
other directors”</p>
<p></p>
<p class="MsoListParagraphCxSpLast" style="text-indent:-.25in;mso-list:l0 level1 lfo1"><span style="font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol"><span style="mso-list:Ignore">·<span style='font:7.0pt
"Times New Roman"'> </span></span></span>“At
improper meetings attempted to remove two legally seated
directors…”</p>
<p></p>
<p class="MsoNormal">We never endeavored to remove other board
directors. <span style="mso-spacerun:yes"> </span>We endeavored
to have timely legal elections as part of the 2013 annual meeting.<span style="mso-spacerun:yes"> </span>I tried everything I could to
inform Board Chair Garrett and Vice Chair Shabaka the bylaws
called for their terms to end with the next annual meeting unless
re-elected at that meeting.</p>
<p></p>
<p class="MsoNormal">The reason the election could not happen on the
meeting date Mr. Shabaka proposed (11/1/13) was because Mr.
Garrett, as Board Chair, did not fulfill his legal duty of
appointing a Nominating Committee with a sufficient period to seek
out qualified candidates.<span style="mso-spacerun:yes"> </span>It
would be understandable if Mr. Garrett simply forgot that his
maximum three-year term was coming to an end (though two annual
meetings without an election in a row should never happen in a
credit union with three-year terms).<span style="mso-spacerun:yes">
</span>But his failure to take appropriate action/responsibility
once notified of his lapse is entirely another matter.<span style="mso-spacerun:yes"> </span>Instead of seeking guidance
and approval from the National Credit Union Administration (NCUA)
about how we could carry out an election with the greatest haste
and least waste of member resources, Mr. Garrett and Mr. Shabaka
kept pushing toward an early annual meeting without elections…and
apparently stayed on the board without being re-elected.<span style="mso-spacerun:yes"> </span>So we had a 2013 “annual
meeting” with no elections or substantial opportunity for the
members to give input, at the cost of thousands of members’
dollars; and now we will apparently have an extra annual
meeting/election in early 2014 (likely costing thousands more of
the members’ dollars). Yet the Supervisory Committee (primarily
charged with making sure members’ funds are not wasted) ignored
this violation.<span style="mso-spacerun:yes"> </span></p>
<p></p>
<p class="MsoNormal">We tried to organize a meeting of the board
within seven days of the annual meeting as the bylaws would appear
to require; the bylaws require this meeting primarily to elect new
officers (presumably because an election would have happened and
there might be occasion/need for a change of officers).<span style="mso-spacerun:yes"> </span>There was an effort to reach
every board member and the one possible time that Mr. Shabaka, Mr.
Leung, Mr. Kirk and I could make was arrived at, with the hope
that Mr. Garrett would be able to find a way to fulfill this
obligation under the bylaws.<span style="mso-spacerun:yes"> </span>But
when Mr. Garrett was called and asked about time in the remaining
day to meet the bylaw obligation, he would not listen or engage in
a cooperative effort to fulfill our obligation; he instead hung up
on the caller.<span style="mso-spacerun:yes"> </span>Though I
expect Mr. Garrett will have more opportunities to speak for
himself, he apparently objected that only he as the Chair could
call a meeting (not true).<span style="mso-spacerun:yes"> </span>But
the real issue was that a meeting was required the bylaws; he was
responsible as anyone to understand the bylaw requirements; and
particularly if he was the only one who could call the meeting he
would be the person most responsible for making sure not to
violate that bylaw…but he wouldn’t want to have a meeting where he
wouldn’t be eligible to be elected to a one-year officer term when
he was beyond his election term and it could not be presumed he
would be re-elected.<span style="mso-spacerun:yes"> </span>So
another actual bylaw violation – failure to have the meeting
within seven days – due to Mr. Garrett’s inaction and obstruction.
<span style="mso-spacerun:yes"> </span><span style="mso-spacerun:yes"> </span><span style="mso-spacerun:yes"> </span></p>
<p></p>
<p class="MsoNormal">Yet the Supervisory Committee again ignored
this in favor of suspending directors trying to work out bylaws
that would comply with NCUA regulations, allow for lawful
elections, etc. (the bylaws supposedly adopted by the previous
board, including Ms. Pitrie of the Supervisory Committee, proved
to be a jumble of contradictions that could not possibly have been
approved by the NCUA).<span style="mso-spacerun:yes"> </span></p>
<p></p>
<p class="MsoNormal">This is despite the Supervisory Committee’s
claim that it “takes seriously your, and each of our members’
rights, to vote on the composition of your Board.”<span style="mso-spacerun:yes"> </span>The Supervisory Committee is
required by law to let the members decide on approving suspension
and reinstatement…and only if members show up December 3<sup>rd</sup>
(Ed Roberts Campus, above Ashby BART, 3075 Adeline; 6 p.m.) who
care about democracy will a fair process and result be assured. </p>
<p></p>
<p class="MsoNormal">Thanking you for your consideration,</p>
<p></p>
<p class="MsoNormal">Tim Huet<span style="mso-spacerun:yes"> </span><span style="mso-spacerun:yes"> </span></p>
<p></p>
<br>
</blockquote>
</div>
<br>
</body></html>