Update: Musumeci vs. Bilello

Clueless Bilello.  

On April 19, counsel to the District Council Jim Murphy, submitted a letter (see below) to the three Trial Committee Chairpersons making the absurd claim that the February 25, 2013, charge and request for arbitration (see exhibit) under Section 5(F) of the District Council Bylaws against Executive Secretary-Treasurer Michael Bilello "should be dismissed because I am not an "employee of the District Council."

According to Murphy the "intent" of Section 5(F) "was to provide District Council staff employees who are elected Delegates an express remedy of arbitration should they believe that they had been “subject to any adverse employment action, harassment, intimidation, threats, or coercion by the District Council, the Council Delegate Body or any Officer thereof for exercising, in good faith, the authority of, or fulfilling the duties of, a Council Delegate."

In others words, Murphy is suggesting the Bylaws should be read as follows:

Council employees/delegates are free to harass and intimidate rank and file delegates, because in Murphy's view, the "intent" of the drafters was to write a provision that protects a minority of delegates...how utterly ridiculous!

Luckily the three Trial Committee Chairpersons are obligated to determine what the drafters intended by the words chosen in the Bylaws—no more, no less. Any statute must first be read for its plain meaning before any aid to construction becomes necessary. Section 5(F) as written is very clear, its plain meaning absolutely applies to and may be used by ALL COUNCIL DELEGATES.

Bilello has not responded to the charges directly, Murphy and Bilello are completely clueless.  

Trial Committee--Musumeci v Bilello-Case No NYCDCC-01-13 - Letter 4-19-13 to Dismiss by moose157

 
Below is a chronology list of event related to the charges I filed against Bilello.

On July 25, 2012 at approximately 7:30 pm during the course of a a delegate body meeting, Executive Secretary-Treasurer Michael Bilello directly engaged in a course of vexatious, personal and indecorous comments or conduct that is known or ought reasonably to be known to be unwelcome, which incited UBC members to publicly harass, intimidate and humiliate Delegate John Musumeci by threatening to file; and by filing bogus charges in direct retaliation for having raised multiple serious questions relative to the conduct and handling of the MWA Arbitration.

On July 30, 2012 I posted an article "Insanity." That's the word to best describe what happen at Wednesdays July 25, 2012 delegate body meeting.

On August 6, 2012, I had a meeting the IG and CCO and stated, "It is not in the best interest of the union to have this fight." I proposed a settlement offer, the IG and CCO met with Bilello and Lebo, to discuss the offer, settlement is based on dropping the charges filed against me by Bilello's assistant, Bill Lebo, making a public apology to the delegate body with a clear explanation of why their behavior and conduct was inappropriate at the July 25, 2012 Delegate Body meeting, and a commitment to conduct delegate body meetings in accordance with the Laws of the UBC and parliamentary rules. On August 8, 2012, the IG and CCO informed me that the settlement offer was rejected by Bilello.

On August 12, 2012 I posted an article, "Bilello & Lebo Embroiled in Alleged Cover-Up".  Executive Secretary-Treasurer Michael Bilello, and President Bill Lebo, have allegedly become embroiled in a cover-up, by intentionally omitting "personal and intimidating" comments (which are in violation of the Laws of the UBC) made during the delegate body meeting of July 25, 2012 (see blog post).

On September 23, 2012 I posted an article "Bilello Administration Rocked with Scandal as NYCDC President Forced to Resign". The New York City District Council of Carpenters is once again rocked by scandal as President/Benefit Fund Trustee and Bilello administration political appointee and longtime adviser, William S. Lebo was forced to resign Friday amid allegations of inappropriate behavior.

On November 16, 2012 I posted an article "Whitewash: Bilello Exonerated by IG & CCO". Inspector General Scott Danielson (IG) and Chief Compliance Officer Josh Leicht (CCO), issued a four page whitewash report that exonerates Executive Secretary-Treasurer, Mike Bilello of improper conduct and it appears to reasonable people who have read the report that the Bilello administration has succeeded in intimidating the IG and CCO into doing its bidding.

On November 25, 2012 I posted an article, "Bilello Faces Four Counts of Charges." Where among other things I explained and posted the charges and audio of the "appalling failure of decorum and procedure" relating to the July 25, 2012 delegate body meeting during questions regarding the MWA crisis.

On January 8, 2013 I posted an article "RO comments on the conduct of the July 25, Delegate Meeting." Where on December 19, 2012 at a Court Conference with Judge Berman, Review Officer Dennis Walsh discussed the conduct of the Delegate Body meeting.

On January 19, 2013 I posted an article "Free Speech Under Attack." Stating that the District Council is attempting to shut this blog down, thereby silencing yours and mine protected free speech rights and filed an "Application for Veto," requesting a veto of the charges filed against me.

On January 22, 2013 I posted an article "Democracy and Free Speech Triumphs." In a resounding victory for democracy and members free speech rights, Review Officer Dennis Walsh, issued a veto of the bogus charges filed against me by Bilello's assistant and former DC President Bill Lebo.

On February 17, 2013 I posted an article Musumeci vs Bilello, stating among other things, "Despite having made several good faith offers to Bilello to resolve this situation with a simple apology to the Delegate Body, Bilello irrationally chooses to waste the time, energy, and resources of the District Council by continuing to drag us down this unfortunate and embarrassing road of seeking arbitration.

On Wednesday March 27,  2013 Review Office (RO) Dennis Walsh, slapped Bilello with an eight-count notice of possible veto.  Among other things, Bilello is accused of, "on July 25, 2012, you engaged in indecorous and undemocratic behavior in a debate with a delegate at a meeting of the District Council Delegate Body.