What Happened on April 26th with the Online Voting Bylaw Amendment Vote?
This is what happened. The chain of events:
It took one year, APRIL 2016 TO APRIL 2017, to get an online voting bylaw amendment to vote after constant blocking, delaying and strategic attempts to stop the process. Once the attempts to stop the process was clear, a large group of members came together and hired an attorney. After we had hired an attorney, to get online voting to a membership vote we were still faced with hurdles from the Executive Board. Matter of fact myself and another member were sued by the DSA President Eugene Cerbone with the help of the DSA Secretary John Lawsha and the lawsuit was facilitated by the DSA Attorneys at Rains, Lucia, Sterns, St. Phalle & Silver. They attempted a strategic lawsuit to scare us to stop. I will explain more on this later. But in the end, I won the malicious lawsuit.
After stead fast persistence, the DSA brought our Online Voting Bylaw amendment to vote on April 26th, 2017 but did it without legal notification to the members.
They violated California Corporations Code 7511(a) cc.
They did not follow the law in regards to notification, notification with detailed information should have been at a minimum 10 days prior to the vote.
What they did was, they immediately brought it to vote and started a Misleading Scare Campaign and Tricked a lot of members into voting NO with a Home Address Hoax.
They violated California Corporations Code 7513(c) cc.
Stacking ballots and envelopes next to a ballot box for members to get, is not the way ballots should be solicited by law nor by our bylaws as well.
The DSA fabricated a False Document made to masquerade as the truth and the Executive Board signed it agreeing to its written form. On April 26th, the DSA also electronically faxed this false document to department faxes. These falsehoods in the document on DSA letterhead mislead members and persuaded them to Vote No giving the Executive Board an unfair gain to increase no votes. Why do you think they wanted a No vote so bad? Was it because the ballots would be out of their control?
In the first paragraph of the false document, they stated that the Constitution and Bylaw Committee did not endorse the Online Voting Bylaw amendment. That was false, endorsement or non endorsement was not discussed with the Constitution and Bylaw Committee. As a matter of fact, several of the Constitution and Bylaw Committee members were in support of it. At a DSA General Membership meeting a Board of Director and Constitution and Bylaw Committee member stated that this statement was not true and that this document regarding not endorsing of the online voting bylaw amendment was never shared with him and that he had no knowledge of it, until it became public to the members. Matter of fact two Constitution and Bylaw Committee members had told me privately that they were for the online voting bylaw amendment. After the statement was made at the meeting the DSA President stated, “Oh, we’ll remember that for next time.”
In the first bulletin point they perpetuated their Home Address Hoax.
In the fourth bulletin point they wrote a false statement, they lied to you, saying their is No Flexibility.
Did they violate California Corporate Code 6811cc?
In May I sent an email to the DSA President formally objecting to any early ballot box pick up. What happened? They picked up the ballot boxes early anyways.
In our Online Voting Bylaw that was put to vote in April of 2017, had safeguards in place to ensure a fair and secure vote to protect the members ultimate power, the power of their vote, in the present and going forward into the future. We need a fair and secure voting process to stop the tricks, hoaxes, manipulation, scare tactics and fear mongering. A truly professional union would promote a fair and secure voting process.
So what do you do when your requests, your recommendation, your attempts to stop legal violations are ignored? What do you do if these changes are not made immediately will affect all the members? What do you do when the utmost power of members, voting, is manipulated and they won’t stop the manipulation?