D’Errico Uses Trickery To Stop Vote

By Publius

The new boss of the scandal-scarred carpenters union used trickery in an effort to prevent members from voting on a motion for a copy of the meeting minutes.

Lawernce D’Errico the new Director of Operation for the New York City District Council of Carpenters faces potential internal union charges for violating members' rights.

D’Errico who is also a trustee of the District Council benefit funds and President of Local 157, is a Michael Forde hold-over who was promoted to Director of Operations by UBC Supervisor Frank Spencer.

Spencer the eastern district vice president was brought in by the International Brotherhood to supervise the district council in the wake of Michael Forde's 2009 indictment.

Forde, the drinking-and-drugging ex-boss of the carpenters union was sentenced Friday in Manhattan federal court to 11 years in prison for his participation in a racketeering scheme that defrauded the union and its benefit funds out of millions of dollars.

Last week, prosecutors revealed that he had put his "personal cocaine supplier" on the union payroll.

In sentencing Forde, Manhattan Federal Judge Victor Marrero said Forde was a "downright wicked" man who "operated on the frontiers of depravity."

Tricky D'Errico

D’Errico who reportedly makes $259,853 assumed the job of Director of Operations when ex-director and Forde cohort Maurice Leary, suddenly retired, on the same day Forde pleaded guilty to racketeering charges in July.

In testimony this month during the perjury trial of Forde co-conspirator Joseph Olivieri, the former head of the Wall-Ceiling Association, it was revealed that Leary and others received and shared cash bribes for doing favors and turning a blind eye to contractor corruption.

A Manhattan federal jury last Wednesday found Olivieri guilty of perjury over a sworn deposition he gave three years ago in a civil RICO case.

In a letter to supervisor Spencer, dated November 19, details the allege violations against D'Errico.

The letter contained the bombshell allegation that D’Errico is a "dictator and unfit to hold the position of Director of Operations."

Union reformer, blogger, former district council vice presidential candidate, former council delegate and treasurer of local 157, John Musumeci wrote in the letter, "D’Errico brazenly violated the rights of members, violated the UBC Constitution, and abused his authority when conducting the meeting, even while Review Officer, Dennis Walsh was in attendance."

"Such conduct warrants at a minimum, a reprimand with an apology to the membership of local 157, and at a maximum, trial and possible removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the UBC Constitution."

In June, upon application of Federal prosecutors, Judge Charles Haight appointed a new Review Officer to monitor the New York City Carpenters District Council and invested him with sweeping powers in the hope of ridding the union of corruption and restoring democracy. D'Errico's recent actions are contrary to Walsh's vision of reform.

Musumeci alleges D’Errico used trickery and denied his rights in making a motion for a copy of meeting minutes.

“D’Errico intentionally rejected my motion and led me into making a “motion to reconsider" by incorrectly ruling the motion as the same as the previous month."

"Lawrence just laughed when John tried to explain the motion was new and he told him to make the motion to reconsider," said carpenter Justin Kuhn.

“He clearly knew what he was doing, he violated members rights and the UBC constitution in an effort to obstruct my right to make motions and participate fully in the meeting. By denying my appeal he made it apparent his one sided thinking serves no useful purpose in holding such an important office," Musumeci said.

According to Roberts Rules of Order a motion that has been defeated, can be brought up again at the next meeting, if the meeting is a different session, which is the normal situation.

D’Errico might of outsmarted himself by suggesting and accepting the “motion to reconsider” because in doing so he violated Rule 31 of the UBC Constitution.

Rule 31 states: "A motion to reconsider must be made and seconded by two members who voted with the prevailing side."

In other words only someone who voted to defeat the motion could make and second the motion.

"The meeting was conducted properly and everything was done 100 percent by the book," said e-board member and new Assistant Inspector General, Rambo Ibric.

Apparently D’Errico’s ill-advised premeditated devious plan was to have Musumeci make a “motion to reconsider” then leave him standing there with no second because under the rules D'Errico knew that only someone who defeated the motion could second the motion.

D'Errico's plan worked, one by one members were being rejected because they did not vote with the prevailing side.

I want to be very clear to the membership, Musumeci said, "It is not the meeting minutes at issue here, it is the rights of the members at issue." "The constitution and rules of order are being violated, if the leadership is going to behave in this manner over a small issue like meeting minutes, how are they going to behave with bigger issues?"

The motion for the minutes was previous made and defeated at the October meeting.

In anticipation of a membership vote on meeting minutes, D’Errico had ordered in his troops to pack the October meeting in an effort to defeat the motion and rubber stamp anything he needed. Musumeci sent the local a letter dated September 27, requesting the meeting minutes.

D'Errico's No. 2 man Financial Secretary/Regional Manager, Paul Capurso, left his seat on the dais, joined the assembly, to intimidate the members with misinformation and scare tactics during debate. It was like a scene pulled straight from a "Godfather" movie.

In a riveting movie scene character Frank Pantangeli, who had been holed up on an army base under the protection of the FBI -- was about to testify about the reach of Corleone’s criminal empire when his brother Vincenzo from sicily is ushered into the chamber.

The presence of Vincenzo had a silencing effect on Pentangeli.

“A second grader can figure out the meeting was rigged, the same guys who are always working show up to shut down any critical debate for the e-board and oppose any motion,” said a carpenter who voted yes.

Brother Hercules Reid, believed the vote was closer than we think "the noes vote was just a lot more louder than the yea vote.”

"It's outrageous, members’ rights were violated by Forde for years and the UBC did nothing to stop it, now our rights are being violated by D'Errico, the UBC's handpicked guy to reform the union...it's just insane," said carpenter and former trustee Patrick Brennan who attended the November meeting.

D’Errico will have a chance to explain himself and answer the allegations against him if charges are officially filed with the new trial committee, which Review Officer, Dennis Walsh started September, 7th.

Under the new system, each of New York's 11 locals will elect two trial members to hear charges.

The new process allows the rank-and-file to bring corruption charges against higher-ups in a fair forum.

Nine trial members will be picked from a hat to hear each case, and each side can knock off two - leaving five to weigh the charges.

The role of judge will swing between former New Jersey Chief Justice James Zazalli and former federal prosecutor Walter Mack.

Walter Mack, who specialized in organized crime cases and later headed the New York Police Department’s Internal Affairs Bureau ferreted out corruption in the carpenters union between 2003 and 2005 until union leaders got him canned for being too good at the job, rank-and-file members said.

Mack won widespread praise for his aggressive approach in uncovering corruption. Several enforcement officials acknowledge that his work led to some of the charges in Forde's 2009 indictment.

Walsh says this time, there will be real change in the carpenters union.

"The union is entering into a "new era of zero tolerance for corruption, you don't have to take it anymore...justice will be served." Walsh said.