[sudo-discuss] Fwd: [omni-consensus] GCEA Lease Termination Proposal

This proposal is currently being blocked by BAPS but it's still important for Sudoroom to discuss it. ---------- Forwarded message --------- From: Laura Turiano <scylla(a)riseup.net> Date: Thu, Mar 7, 2019 at 7:07 PM Subject: [omni-consensus] GCEA Lease Termination Proposal To: consensus(a)lists.omnicommons.org <consensus(a)lists.omnicommons.org> GCEA Lease Termination Proposal This proposal was developed with input from Chiapas Solidarity Committee and Global Women’s Strike, and represents GWS consensus. Laura and Jenny also contributed. OC will send a 3 day notice (prepared by OC's attorney Jesse Palmer) to GCEA and to Oakland Public Education Fund advising them that they have 3 days to remedy the unauthorized signature on the lease, any other breaches of the lease, and pay all back rent - or vacate the Omni. This step is necessary for several reasons: The pattern of misrepresentation of GCEA’s legal status and finances, and failure to pay its agreed-upon rent, undermines the spirit of trust and cooperation that is necessary for collective sustainability. To protect OC from a situation in which the lack of a legal agreement with a resident unincorporated organization leads to inadequate insurance coverage, or threatens OC’s 501c3 status (via Jesse: “Omni has an obligation to use its assets exclusively for charitable purposes and if parties are using space but not paying rent, that may be conferring a benefit on private persons unless they are using the space exclusively for charitable purposes. This is one of the required provisions in Omni's articles of incorporation, which read (in relevant part): ‘The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of the organization shall ever inure to the benefit ... any private person.’” ). Given GCEA’s false claim of being a 501c3, lack of transparent accounting, and Almaz’s possible use of GCEA funds for personal expenses, this is a real issue. To clarify that GCEA has no right under our policies and bylaws to delegate a representative to the OC board as it has no legal contract with OC. To reduce conflict during the day to day operation of OC until the proposed mediation has concluded. Until a new lease is negotiated, GCEA may have events and classes at OC by reserving space through the normal event request and scheduling process. Almaz and other members of GCEA are welcome to participate in Omni activities as individuals. _______________________________________________ consensus mailing list consensus(a)lists.omnicommons.org https://omnicommons.org/lists/listinfo/consensus