Dear Sir and Brother:
This will respond to your letter dated May 3, 2013. You currently hold the position of President, to which you were recently elected, of the New York City and Vicinity District Council of Carpenters (“Council”). On behalf of the Council, you requested dispensation from certain requirements of the UBC Constitution.
You explained that Michael Bilello held the position of Executive Secretary-Treasurer (“EST”) of the Council until a “Notice of Veto by the Review Officer” was issued on April 29, 2013. The veto was issued by Dennis M. Walsh, the Review Officer appointed pursuant to a Stipulation and Order in United States v. District Council, et al., 90 Civ. 5722 (SDNY; RMB). The veto provides, in part, that Brother Bilello’s “service as Executive Secretary-Treasurer of the [ Council] is hereby vetoed.”
Section 32B of the UBC Constitution provides, in part, that,
(w)hen a vacancy occurs in any elective office of a Council, the Executive Secretary-Treasurer of the Council may appoint a qualified member to fill the vacancy pro tem, until such time as an election is held to fill the vacancy. If no Executive Secretary-Treasurer position exists or such position is vacant, the President of the Council may make such pro-tem appointment.
Thus, as the Council EST position is presently vacant, you, as President, may appoint a qualified member to serve as Council EST on a pro-tem basis. You indicated that you are “not comfortable appointing another member” to the EST position. However, you do wish to appoint yourself as interim EST, but doing so would require you to vacate the President position to which you were elected.
Additional information has been provided to this office. For example, the Review Officer has authority to schedule an election to fill the EST vacancy. The election process may be completed by October, 2013. Thus, once a pro-tem appointment is made, the EST position would be held on an interim basis only until the election process is completed, which could be less than six months from now. Not filling the position is unacceptable, as it is important that the functions of EST be carried out in the meantime.
Accordingly, dispensation was requested from the requirement(s) of Section 3 lA of the UBC Constitution, which provides, in part, that, “(n)o member may hold more than one office or be a candidate for more than one office in a regular election, in the same subordinate body, unless dispensation to combine the two offices has been granted by the General President.” Specifically, you requested dispensation to allow you to hold the EST position, but at the same time remain in the office of President. You acknowledged that when the election to fill the EST vacancy occurs, you would be required to vacate the position of President, should you decide to run.
Section 10K of the UBC Constitution provides that, “(t)he General President shall have the power to grant dispensation on all matters which will be beneficial to the United Brotherhood.” Your request for dispensation has been carefully reviewed and considered. Based on information provided, and the special circumstances involved, I have determined to grant dispensation as follows: you may maintain your position as President of the Council, while also holding the position of Council EST, until such time as a qualified member is elected as EST to fill the unexpired term.
I trust that the foregoing responds to your request.
Douglas J. McCarron
Tuesday, May 7, 2013
Dear Sir and Brother: