Update on Government, District Council, and Funds Joint Application for a new Stipulation & Order

On Tuesday, May 27, the District Council together with the Government and the District Council Benefits Funds submitted a joint application to Judge Berman of US District Court for the Southern District of New York seeking entry of a new Stipulation and Order to replace the one entered by the Court in 2010. The new Stipulation and Order would provide for the appointment of an Independent Monitor to succeed the District Council’s current Review Officer, Dennis Walsh. The next day, Judge Berman entered an Interim Order allowing the current Stipulation and Order Regarding Appointment of a Review Officer, which is scheduled to expire on June 3, 2014, to continue until the Court is able to reach on a decision on the joint application to appoint a new Independent Monitor. In his Interim Order, Judge Berman noted that “We’ll get to it as soon as feasible.” A copy of Judge Berman’s interim order is available here: [link docket # 1521]. A copy of the proposed Stipulation Regarding Appointment of an Independent Monitor is available here: [link docket #1512-1].


Also on Tuesday, May 27, District Council members that had been vetoed by Mr. Walsh as local union officers wrote to Judge Berman explaining that they were appealing Judge’s Berman’s earlier decision upholding those vetoes to the Second Circuit Court of Appeals. The members’ believed that the proposed Stipulation and Order Regarding Appointment of an Independent Monitor may have an adverse impact on matters in their appeal. Judge Berman entered the letter on the Court’s docket and noted that: “The Court anticipates conducting a hearing (public) so that interested parties can be heard -- well before any modifications to the Stipulation & Order. The hearing is likely to be held after Labor Day but has not yet been scheduled. (Signed by Judge Richard M. Berman on 5/29/2014)” A copy of the letter is available here: [link docket # 1530]. Judge Berman’s original 2012 decision on the members’ vetoes is available here: [link docket # 1197].

Joint Submission in Favor of New Stip