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Conference 7.286::dcu

Title:DCU
Notice:1996 BoD Election results in 1004
Moderator:CPEEDY::BRADLEY
Created:Sat Feb 07 1987
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1041
Total number of notes:18759

865.0. "Complaint concerning election materials" by SCHOOL::LEKAS (From the Workstation of Tony Lekas) Fri Aug 12 1994 11:44

If a DCU member believes that campaign materials distributed by candidates
violates the election rules promulgated by the SC how and to whom should
an official complaint be lodged?

After such a complaint is lodged what is the process that will be used to 
investigate the complaint?

If the complaint is found to be valid how will a decision be made concerning
what to do?


From the information that I have there is currently more reason to invalidate
this election then there was for the previous one!

		Tony
T.RTitleUserPersonal
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865.1NACAD2::SHERMANSteve NETCAD::Sherman DTN 226-6992, LKG2-A/R05 pole AA2Fri Aug 12 1994 12:396
    One should still submit a complaint with the SC.  My understanding is
    that if satisfaction is not obtained from the SC, one can also go to
    the insuring authority, the NCUA.  One can also consult independent
    legal authorities for satisfaction.
    
    Steve
865.2WLDBIL::KILGOREDCU 3Gs -- fired but not forgottenFri Aug 12 1994 12:4013
    
    Re .0:
    
    The best bet would be to contact Steve Sherman or another SC member
    directly. See one of the first notes in this conference for SC contact
    info.
    
    My personal opinion, though, is that the first election should never
    have been canceled, that this election should not be canceled, and tha
    anyone who is truly interested in letting the DCU owners ultimately
    speak for themslves should let this election proceed and see where it
    takes us.
    
865.3WLDBIL::KILGOREDCU 3Gs -- fired but not forgottenFri Aug 12 1994 12:439
.1>     ...My understanding is
.1>    that if satisfaction is not obtained from the SC, one can also go to
.1>    the insuring authority, the NCUA.
    
    On the other hand, we have already verified that the NCUA does not
    involve itself in internal CU matters, and is interested only when the
    CU is in deep financial doo-doo.
    
    
865.4NACAD2::SHERMANSteve NETCAD::Sherman DTN 226-6992, LKG2-A/R05 pole AA2Fri Aug 12 1994 12:5318
    I agree and don't deny that.  The NCUA tends to maintain a "hands off"
    attitude.  Frankly, I wouldn't know how much further to go than the SC.
    You could go to independent legal or auditing services, of course.
    
    The SC already consults with DCU's General Counsel, independent
    auditors and other independent legal services, especially when it comes
    to matters of controversy.  Much of what is discussed is considered
    what is called "Attorney-Client Privilege."  That's why you don't hear
    about any of this kind of communication.  
    
    And, because folks don't hear about this, they tend to assume the SC is 
    shooting from the hip or operating in the dark.  That's simply not the 
    case.  I expect that some folks, if they work a bit to check out the 
    details, will find that the SC is, more often than not, in compliance 
    with the opinions of outside legal and auditing sources who specialize
    in credit union law.  And, the reason for that should be elementary.
       
    Steve
865.5RLTIME::COOKFri Aug 12 1994 15:4817
    
>    And, because folks don't hear about this, they tend to assume the SC is 
>    shooting from the hip or operating in the dark.  That's simply not the 
>    case.  I expect that some folks, if they work a bit to check out the 
>    details, will find that the SC is, more often than not, in compliance 
>    with the opinions of outside legal and auditing sources who specialize
>    in credit union law.  And, the reason for that should be elementary.
       

Actually, Steve, I don't think that is the concern I hear expressed.  The SC
appears to not be shooting from the hip.  The shooting appears very deliberate.
I think the overriding fear is that the shooting is in one direction only.



al

865.6the issue isn't the candidate statementsWRKSYS::SEILERLarry SeilerSun Aug 14 1994 16:1726
    Steve,
    
    If I formally ask the SC to comment on election materials, apparently
    the committee is obligated to do so.  Great, but that's not my concern.
    Nor do I feel that the SC is "shooting from the hip".  What I feel is
    that the SC is NOT BASING ITS DECISIONS on the publicly released
    criteria of ensuring a fair and open election with vigorous debate.
    Possibly the SC is again making its decisions on attempts to avoid
    lawsuits.  That may or may not be the right choice, but it is NOT
    WHAT THE SC PROMISED US IT WOULD DO.
    
    Anyway, I have a question for you, Steve.  If I write up my concerns
    and present them formally to the SC, will you commit to try to get
    the SC to answer my concerns, to the extent that is legally possible?
    I have noticed that the SC has NO obligation to answer questions about
    its own actions, and the NCUA will certainly not act, either.  My only
    choices seem to be to sue or else to try to convince the SC to answer
    voluntarily.
    
    I realize that you are only one vote of three, Steve, but if I do go to
    the trouble to formally write up my concerns, will there be at least
    your vote in favor of giving an honest response that is as completely
    as it can be?
    
    	Thanks,
    	Larry
865.7or sue them.....RANGER::TRYST::RozettWe're of difn't worlds, mine's EARTH!Mon Aug 15 1994 09:338
Another option is to file suit against the DCU for violation of your First 
Amendment rights to free speech.  Given the outcome of several recent cases 
against universities that have established rules for PC behavior and one under 
consideration now concerning gender bias in election materials, I (and I an NOT 
a lawyer) do not think that the DCU election rules have a fat chance in hell of 
standing up.  But that is ONLY IF they are chellenged.

//bruce
865.8SCHOOL::LEKASFrom the Workstation of Tony LekasMon Aug 15 1994 10:271
I'll wait to here what the response is to the request generated by 862.45