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

[Yardena Cohen]

This proposal is currently being blocked by BAPS but it's still
important for Sudoroom to discuss it.

---------- Forwarded message ---------
From: Laura Turiano <scylla at riseup.net>
Date: Thu, Mar 7, 2019 at 7:07 PM
Subject: [omni-consensus] GCEA Lease Termination Proposal
To: consensus at lists.omnicommons.org <consensus at 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.



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