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
And to all a happy Sunday!
:Danny
---------- Forwarded message ----------
From: "Tim Huet" <easytospell(a)sbcglobal.net>
Date: Sun, Dec 1, 2013 at 3:31 AM
Subject: from Tim Huet; URGENT info and help needed
To: "tim(a)arizmendi.coop" <tim(a)arizmendi.coop>
{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.}
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.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.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.
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.Though fair process would involve an unbiased
investigation, the Supervisory Committee did not even interview me
before issuing its charges and suspension.The allegations are that Tye,
Mike, and I...
·"Attempted to hold one or more Board meetings without giving notice to
the other directors"
·"At improper meetings attempted to remove two legally seated directors..."
We never endeavored to remove other board directors. We endeavored to
have timely legal elections as part of the 2013 annual meeting.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.
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.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).But his failure to take appropriate action/responsibility once
notified of his lapse is entirely another matter.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.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.
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).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.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.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).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.So
another actual bylaw violation -- failure to have the meeting within
seven days -- due to Mr. Garrett's inaction and obstruction.
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).
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."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^rd (Ed Roberts
Campus, above Ashby BART, 3075 Adeline; 6 p.m.) who care about democracy
will a fair process and result be assured.
Thanking you for your consideration,
Tim Huet