PETITION OF AN ARTICLE X COMPLAINT
ARTICLE X EXPULSION, SUSPENSION OR REMOVAL OF OFFICERS AND MEMBERS
Officer: Jerry Ann Hamilton, President
4998 W. Dean Road
Milwaukee, WI 53233
Officer: Wendell J. Harris, 1st Vice President
2727 N. 67th Street
Milwaukee, WI 53210
Date: December 30, 2009
_____________________________________________________________
Even though we have no confidence in Roger C. Vann, Senior Vice President, Field Operations & Membership, to be partial in accepting this Article X complaint, nor do we have confidence in the Article X complaint process because it is seriously flawed, it was altered by Mr. Vann, to allow President Hamilton an opportunity to counteract the Article X complaint filed against her. When the facts did not meet his conclusions, he made up rules that are not in the Article X complaint process to favor the defendant. Nevertheless, the Complainants are required to follow the Bylaws and file this complaint through him.
By filing this complaint through Mr. Vann, the process requires him to investigate the complaint, which we know he will not from past experience and that is due in part because he was named as a wrongdoer in the complaint, he has on several occasions failed to protect the interest of members and denied them due process in the Article X complaint process. Because the National Office, through the complaint process, does not provide any type of protection for the Complainants who file Article X complaints, petitioners are subjected to all forms of harassment, retaliation, and discrimination from other members and staff officers for filing a complaint.
There is no recourse identified in the Article X complaint process for the complainants when the person who is responsible for investigating the complaint is named in the complaint. There is no compliance clause in the complaint process. Most always the complainant’s due process is violated using this complaint process as written and processed. The system is set up to stall the complaint, hide necessary information that is needed to follow and meet deadlines for filing the complaint, no requirement to acknowledge receipt and establish deadlines, denial of complainant a copy of the respondent’s response The complainant is forced to file complaints by certified mail returned receipt requested to establish a deadline and because of dishonesty in the receipt of complaints and just plain down right out ignoring complainants request to establish a deadline. It is a serious flawed complaint process that needs a complete overhauling and one that will provide an equal playing field for the complainant. We as a race of people have always fought and continue to fight for equal playing fields in almost every situation we become engage in. Now we find ourselves tangled up in the same scenario with our own organization displaying the same tactics of others. This complaint process is some instances, worse than some of the known Administrative complaint processes we are forced to use federally and state.
The following undersigned members of the MILWAUKEE NAACP BRANCH hereby request an immediate investigation of the significant violations below.
When an individual becomes a member of the NAACP, that individual pledges to abide by the rules and policies of the Association and the decisions of the Board of Directors.
This complaint is being filed against the President of the Milwaukee Branch NAACP, Jerry Ann Hamilton and 1st Vice President Wendell Harris. The Milwaukee Branch is located at 2745 N. Dr. Martin Luther King Drive, Milwaukee, WI 53212.
We the undersigned believe President Hamilton is guilty of conduct not in accord with the goals and purposes of the NAACP and these are continuing violations. We believe State Conference President, Thomas E. White, Roger C. Vann, and Rev. Gill Ford have engaged in concerted efforts to assist President Hamilton in covering up her misconduct as described below in the allegations. It appears the National NAACP does not care about how President Hamilton violates the Bylaws for the Milwaukee Units of the NAACP.
The Article X Complaint states the specific allegations:
Allegation 1
President Jerry Ann Hamilton and 1st Vice President Wendell Harris were neglect in their duties in calling a Special Meeting for the Executive Committee and General Membership after proper notification was provided to both Officers. Both refused to direct the Secretary to carry out the recommendations for a meeting to be held November 28, 2009 to remove delinquent Executive Committee members.
President Jerry Ann Hamilton and 1st Vice President Wendell Harris violated Article V, Governance, Section 5 (Special Meetings of Branches, Youth Units and Authorized Committees).
Under Article VII, Section 3, paragraph (1) it states the following for the Secretary:
“To act as Secretary of the NAACP Unit and the Executive Committee, to give members notice of regular meetings and three (3) calendar days notice of special meetings of the NAACP Unit and Executive Committee, to keep full and accurate records of the
proceedings of the NAACP Unit and of the Executive Committee and record the same in a minute book or minute books, provided that, in NAACP Units employing paid staff, the responsibility of giving the membership required notice of meetings shall be discharged by said staff under the supervision of the Secretary.”
There is no Executive Committee Secretary or Assistant Secretary actively involved in the Branch. Therefore, it is the responsibility of the President to take charge when she has stopped the removal of delinquent Officers and Executive Committee members. President Hamilton and 1st VP Harris failed to give a directive to Secretary and acting Secretary at the time the Special Meeting was called.
On Saturday, November 21, 2009, 1st VP Wendell Harris reported President Hamilton absent for the regular monthly Executive Committee and General Membership meeting, which Mr. Harris chaired. Ms. Hamilton was reported seen upstairs in the Branch office meeting with State President Tom White. The Executive Committee Secretary was absent again and 2nd Vice President Dr. Wilma Spann was asked to be the recording secretary for the meeting.
During this meeting a motion was made for a roll call of the Executive Committee members’ attendance for the last eleven (11) months. The President was asked to have the Secretary to provide copies of the attendance records within 48 business hours to the Executive Committee members and to call a special meeting to be held Saturday, November 28, 2009 to notify and recommend to the Executive Committee to remove the delinquent Executive Committee members. Exhibit (1) A copy of motion dated Saturday, November 21, 2009, in addition, Exhibit (2) A copy of the Declaration that is required under the above-mentioned Bylaw signed by three Executive Committee members. A Special Call Meeting was also called for the same day to discuss all finances, including special finances of the Milwaukee NAACP Branch. Exhibit (3) a copy of the Declaration signed by three Executive Members. President Hamilton and Mr. Harris have denied having knowledge of a call for a Special Meeting.
On November 24, 2009, Executive Committee member Bettye Loving spoke with President Hamilton regarding the status of the Special Call Meeting to be held on Saturday, November 28, 2009. Ms. Hamilton denied ever knowing about a Special Meeting notification. She told Ms. Loving that the acting Secretary, Wilma Spann, for the Executive meeting had not informed her of a Special Meeting. Ms. Loving later faxed a letter to Ms. Hamilton memorializing her conversation with her. Exhibit (4) a copy of the letter to President Hamilton and fax cover sheet. Ms. Loving spoke with Dr. Spann and she informed her that she had indeed informed the President of the Special Call Meeting and read her the information. She informed President Hamilton that she was not the Secretary and was not going to be involved in that process. President Hamilton did not make further contact with Ms. Loving or any of the three Executive Committee members who signed the Declaration for a Special Call Meeting to be held on Saturday, November 28, 2009.
The Executive Committee Secretary is derelict in all of her duties listed under Article VII, Section 3, and duties 1 thru 8. She has missed more than six meetings and has not presented the Executive Committee members and General Membership meeting minutes since she was appointed the Secretary’s position by President Hamilton in December 2008. A petition was faxed to the Board of Directors requesting the removal of Adriana Lathan, Ceola Mayberry, and Linda Leaf on November 19, 2009. Exhibit (5) a copy of the petition with fax sheet.
On Saturday, November 28, 2009, members were not allowed to meet in the building because President Hamilton did not inform the staff at the M&I Bank that the NAACP was having a meeting at 12 noon. The members were locked out. The President, 1st Vice President and the Parliamentarian and others knew President Hamilton had not called the meeting. She had informed them but failed to inform the members and Executive Committee members who called the meeting that there would not be a meeting. The 1st VP and Parliamentarian told people at another community meeting held on the same day that there was not going to be a meeting at the NAACP on that day. They violated Article V, Section 5. For those reasons and more, we have absolutely no confidence that President Hamilton and Secretary, if we have one, will allow the Executive Committee to carry out the removal procedures. Therefore, we are requesting the National Office to approve the removal of the Executive Committee members who have missed six or more meetings and discipline President Hamilton and 1st VP for being neglect in caring out the action of the three Executive Committee members. Exhibit (6) a copy of two separate letters to President Hamilton dated November 28, 2009 which included enclosure of a letter dated November 19, 2009
Allegation 2
The Milwaukee Branch President continues to create and foster a hostile environment at the Milwaukee NAACP Branch NAACP. Members and Executive Committee members who have participated in the Article X Complaint process, specifically the complaint filed against her, have been harassed, retaliated against and threaten by the President. She has solicited others to join in the illegal activities.
President Hamilton has engaged in illegal activities of retaliation, harassment and creating and fostering a hostile meeting environment at the Milwaukee NAACP Branch. This behavior violates Bylaw Article X, Section 2 where it states…the Board of Directories, upon satisfactory evidence that an officer or member of the Association, …is guilty of conduct not in accord with the principles, aims and purposes of the National Association for the Advancement of Colored People, as set forth in its Constitution, and as defined by the Board or Convention, or guilty of conduct inimical to the best interest of the National Association for the Advancement of Colored People, may order suspension, expulsion or other disciplinary action against such officer or member…
On Saturday, November 21, 2009, President Hamilton’s President’s Report dated November 17, 2009 was read at the Executive Committee meeting. Exhibit (7) a copy of President’s Report. This report included comments such as, “The Executive Committee will hear today of a case that we must act upon”…Only a few days ago did our National Office come with a decision that should have been handed down years ago! The person, who received the letter for our purpose today, will go nameless because we do not want to embarrass anybody! We do want you to know that the message given will apply to everyone who wants to remain a member. Everyone who wants to remain a member set up by the rules and guidelines of the organization will have the opportunity to serve forever, those who do not will be gone.” These comments were made in reference to a letter dated November 10, 2009 from Roger C. Vann, Senior Vice President, Field Operations & Membership to NAACP member Dorothy R. Coleman. Exhibit (8) a copy of letter dated November 10, 2009 from Mr. Vann.
Also during the November 21, 2009 meeting, State President Tom White, had the acting Secretary to read out loud the letter from Mr. Vann. President Hamilton had already stated in her President’s report Mr. White’s purpose for being at the meeting and that was to read the letter. Mr. White’s presence at the meeting was meant to intimidate people, harass them and set the tone for the straw boss mentality syndrome to emerge, which he has demonstrated for years. He deliberately had the letter read by the acting Secretary to embarrass Ms. Coleman and to intimidate her and others who were frightened by his theatrical performance.
Ms. Coleman served as the Principal of the Article X Complaint filed against President Hamilton on August 25, 2009. Since becoming the principal of the complaint, Ms. Coleman has been harassed, retaliated against and disrespected at the Branch. On three occasions at the regular monthly meetings after being recognized by the chair and she would begin speaking, the meetings were abruptly adjourned, twice by the President and once by the 1st VP.
In Mr. Vann’s letter, he falsely accused Ms. Coleman of being the source of information to the news media. Ms. Coleman has documented her position in a letter dated December 14, 2009. Exhibit (9) a copy of Ms. Coleman’s response.
The tactics being used by the National Office staff members are not working in Milwaukee. We are not slaves to anyone anymore and that is what Mr. White and the other National staff members who visited the Milwaukee Office in May 2009 have failed to recognize. We were freed as slaves and we will not allow Mr. White, Mr. Vann, Mr. Reide, and Rev. Ford to treat us as if we are now their slaves. As Ms. Hamilton has stated in her President’s report, “Those Days Are Gone Forever.” The yes mam and yes sir, and yesuh boss, master days are long gone. This holds true for any person of color who strongly believes they can talk to us in such servitude and degrading manner when speaking truth to power, is seriously mistaken. As much as we love the NAACP, not even this organization, our own civil right organization, have the right to lynch us when we report wrongdoing inside of our organization. We have a responsibility; we are obligated; it our duty; and most importantly, we have the right to stand up for our rights internally and externally. That right is established under the Article X Complaint Process of the NAACP Constitution and Bylaws even though it is seriously flawed.
Many attempts from various members have been made to resolve these problems with President Hamilton for years, but for some unknown reasons, we believe some members of the National Office staff are seriously involved in a cover up. Why? It is our duty and responsibility to report legitimate activities of wrongdoing to the highest level of authority. After reporting these acts of violations and the acts are not properly investigated, and the internal complaint process is tainted with the smell of corruption that involves a cover-up from within, whom do we report these violations to? Is it the President of the United States? Is it the Department of Justice? Milwaukee District Attorney Office? Who? No one from the National Office issued a letter ordering the behavior to cease and desist. Further documented acts of retaliation, harassment, threats involving President Hamilton and others are documented in a letter to President Benjamin Todd Jealous dated December 14, 2009. Exhibit (10) a copy of letter to President Jealous. We deserve the right to have the allegations listed in the letter to be investigated as part of this complaint and allegation 2.
Allegation 3
President Hamilton gave a false statement to coerce Executive Committee members to sign her response to counteract the allegations filed against her in the Article X complaint filed August 25, 2009.
The President’s behavior violates the Article X Bylaw stated above in Allegation 2 and the Article X Complaint process under Section (6). This section does not provide for the President to submit signatures and especially the Executive Committee members to counteract the complaint. This action undermined the entire Article X Complaint process and it takes away the due process of the Complainants. President Hamilton needs to identify who the Executive Committee members are because most of them do not attend meetings. It has been reported by President Hamilton that there are 38 Executive Committee members. Two people who signed her response are not Executive Committee members. They have not attended meetings and have not come before the Executive Committee for approval.
In the letter from Mr. Vann dated November 10, 2009, (see exhibit 8) by his admission and the admission of the majority of the Executive Committee members, acknowledged that they have been actively engaged in approving and conducting the business of the Branch. Does this mean they have secretly been approving President Hamilton misuse of the Milwaukee Branch funds? President Hamilton does not bring finances before the Executive Committee as a whole for approval. Rev. Ford has refused to release the names of the Executive Committee members who signed President Hamilton’s response, but was overly willing to release the names of the petitioners who signed the Article X Complaint against her. Several of the petitioners were harassed and were questioned as to why they signed the document. Two members have admitted to sending a letter to the National Office to have their names removed from the Article X complaint after they were contacted by the “appointed” Assistant Treasurer Ceola Mayberry. Mr. Vann and Rev. Ford have not provided any proof to support that several petitioners have submitted letters to have their names removed from the Article X complaint filed against President Hamilton as stated in his letter.
Several of the Executive Committee members have informed us that they did not know what they were signing because President Hamilton did not share the Article X complaint with them nor were they shown her response. President Hamilton told them that she needed twenty-one signatures from the Executive Committee and if she did not get them, Milwaukee would lose its Branch and it would go into receivership. It has also been reported by the members whom assisted the President in getting the signatures from the alleged Executive Committee members that President Hamilton had a letter from the National Office explaining how to counteract the allegations of the Article X Complaint and the second page had a signature form for the Executive Committee to sign. She was instructed to get at least twenty-one Executive Committee members to sign her response.
Since Mr. Vann and Rev. Ford, have refused to release the names of the Executive Committee, the people who were involved in getting the signatures have released the following names as the signatories: Jerry Ann Hamilton, Wendell J. Harris, Dr. Wilma Spann, Adriana Lathan, Linda Leaf, Margaret Martin, Milton Bond, Melvin Bradley, James Brown, Dorothy Carr, Cheryl Ferrill, Cheryl Gardner, Henry Hamilton III, Eretta Honey, Rev. Joshua Honey, Mardell Moore, Henry Robinson, Darlene Rose, Rev. Shack, Brenda Stiff, Lily Simmons, Elzola Stanley, Darryl Tucker, Rosie Caradine-Lewis, Dorcas Denton, Vel Phillips, Beverly Hamilton-Williams. Please note Rev. Shack and Melvin Bradley are not Executive Committee members.
Allegation 4
President Hamilton and the Executive Committee Members who signed President Hamilton’s response have assisted in misuse of the Branch funds.
President Hamilton has allowed the Executive Committee members to make decisions that are critical to the operation and survivor of the Branch without having knowledge of the Bylaws.
The twenty-one (21) Executive Committee Members and if there are more who have signed the President’s response should be suspended and removed from serving the Milwaukee community. These Executive Committee members and Officers, with the exception of that one Officer, have grossly violated Bylaws Article VII, Section 4 in falsifying and acknowledging by way of signing President Hamilton’s response stating they have approved the misuse of funds for President Hamilton.
By their own admission, and the admission of Mr. Vann stating that if any misuse of the NAACP funds, and not only Ms. Hamilton, would be guilty so would the Executive Committee members. President Hamilton has being deliberately avoiding the entire Executive Committee and used a selected majority, even if that is true, and some are not Executive Committee members, to agree that they have been approving her use of NAACP funds, is a serious matter.
When Mr. Vann accepted the signatures of the Executive Committee and then exonerated President Hamilton of the misuse of Branch funds lends support to activities and it allows President Hamilton to continue a pattern and practice of using Branch funds without the Executive Committee knowledge and approval. President Hamilton will continue to hire and pay friends, family members, etc., from Branch funds and she is not accountable to anyone.
Under no circumstances should President Hamilton and the Executive Committee Members remain members in good standing because they have allowed her to mishandle Branch funds. This is a serious example of incompetents, irresponsible reporting of the finances of the Branch and their inability to fairly and honestly represent the General Membership of Milwaukee Branch. This conduct clearly represent a miscarriage of justice if they are allowed to remain in office come January 1, 2010. Their over loyalty and willingness to sign a document supporting misuse of funds and among other violations is a serious matter and should not go uninvestigated and action taken to correct the matter.
The same Executive Committee members, who were present at the November 21, 2009 meeting, admitted that they do not have copies or know the bylaws nor do they have a copy of the Robert’s Rules of Order. The Parliamentarian does not have a copy of the Bylaws. The Branch is in chaos. Allegation number 9 of the original Article X complaint states that President Hamilton does not follow Robert’s Rules of Order, their response was: “Per the response from Ms. Hamilton and Executive Committee, they operate per Robert’s Rules of Order.
Therefore, it is impossible for the Executive Committee to hold President Hamilton accountable when they are not knowledgeable of the Bylaws that governor the operation of the Branch. They cannot represent the best interest of the Branch, its membership and donors who have donated thousands of dollars to the Branch. Their conduct is in violation of Article X Section 2. See Allegation 2 for full details of this Bylaw.
Allegation 6
President Hamilton and Mr. Vann, representing the National Office, have refused to order an independent audit when a motion was passed to have the financial audit in November 2008. An independent Audit of the Milwaukee NAACP Branch financial records is being demanded.
President Hamilton continues to not provide the Executive Committee members and General Membership full and complete detailed records of the financial status of the Branch. By refusing to disclose Branch financial records makes it impossible to hold President Hamilton accountable for any money she spends and any programs she operates without Executive Committee knowledge and approval.
Allegation 7
President Hamilton for the last three months (September, October and November, 2009) has refused to issue financial reports to General Membership. She has refused to issue detailed financial reports to the Executive Committee members.
There is no way President Hamilton can be held accountable for any money received or spent because she refuses to give the detailed financial records to the Executive Committee. The Treasurer is not allowed to discuss the financial report with the Executive Committee and General Membership cannot receive a copy of the financial report.
Allegation 8
President Hamilton continues to refuse to disclose how the Branch funds are being spent and she does not bring expenses before the Executive Committee at meetings for prior approval.
At the November 21, 2009, the 1st Vice President informed the Executive Committee that President Hamilton approved herself to spend $1604.49 to pay, for the second time, to have the NAACP website recreated. President Hamilton did not receive prior approval nor did she discuss this issue with the Executive Committee before she made a decision to purchase a new website. President Hamilton’s behavior is a violation of the Bylaws Article VII, Section 4, (c). This is why an independent audit is needed in order to determine how, who, when, and where, the Branch funds are being spent.
Allegation 9
President Hamilton and the Freedom Fund Dinner Committee have not provided a Freedom Fund Dinner report to the Executive Committee. There was no prior approval of any monies spent toward the Freedom Fund Dinner by the Executive Committee. No budget for the Freedom Fund Dinner was ever submitted to the Executive Committee. None of the arrangements for the Freedom Fund Dinner was ever brought before the Executive Committee.
President violates Article VII, Section 4 (c)
Allegation 10
President Hamilton and the Freedom Fund Dinner Chair have not disclosed the financial report of the silent auction to the Executive Committee.
Allegation 11
President Hamilton has refused to discuss with the Executive Committee the $50, 000 the Branch received from Miller Coors at the Freedom Fund dinner and for what the money was appropriated.
President Hamilton received %50,000 from Miller Coors at the Freedom Fund Dinner in October 2009. She has not discussed the money with the Executive Committee and has made a decision to restrict the use of the money for rent without Executive Committee approval. There is $2600 deducted from a $50,000. (Exhibit 11) copy of November financial report. It is not certain whether that $50,000 is from Miller Coors or who. Supposedly M&I was giving $1,000 a month to subsidize the rent, but with $2600 being deducted there is no way to determine if the Branch is paying the entire rent of $2600. Since there was no budget approved for the 2009 year, the Executive Committee has no way of knowing what President Hamilton and Treasurer are doing with the Branch money. Since the Secretary never attends meetings, who is the third person, if any, is signing off on this money? An audit will show what funds came in and how the money was used..
Allegation 12
President Hamilton has adopted a practice of calling a select few of Executive Committee members to let them know she need them to agree with her to use large sums of money. She does not bring these matters to the entire Executive Committee member as a body.
This practice violates Article VII, Section 4, (c)
President Hamilton proposed to a select few Executive Committee members by phone, as reported, to spend $9,000 at the National Convention. It has been reported that her daughter had bounced a check for that amount. This matter has not been brought before the Executive Committee.
Allegation13
President Hamilton disbursed and received Branch funds without the Executive Committee knowledge and approval.
The Executive Committee did not approve the President’s payment of $3,000 for the National Convention, nor did the Executive Committee approve the $3,000 to Wisconsin State Conference President. The Executive Committee did not approve the $48, transfer on several occasions from one bank account to another and eventually been withdrawn and never appeared back on the Branch financial report. This is a reason for audit and to hold President Hamilton accountable for mishandling Branch funds without Executive Committee knowledge and approval. (Exhibits 12) copies of financial reports relating to each dollar items.
Allegation 14
President Hamilton continues to hire people to work at the Branch without Executive Committee approval.
President Hamilton is in violation of Article VIII, Section 2, (g), and the hiring policy of the National Office. For example, Joan Hollingsworth, Marion P. Hargrove, he uses alias “Danny”, and Audrey Hamilton, Charlotte Griffin and any others. It is a financial mystery of how these people are monetarily being retained.
Allegation 15
President Hamilton has entered into work contracts with members without bringing these matters to the Executive Committee.
President Hamilton is in violation of Article V, Section 15, (b). Governance
“Indebtedness exceeding $300.00 per month in the aggregate shall not be incurred in the name of, or on behalf of the State/State –Area Conference or Branches unless by vote of the Executive Committee.”
President Hamilton is in violation of Article VIII, Section 2 (g) - Duties of the Executive Committee:
“In the case of Branches, Executive Committees shall appoint, employ and enter into employment arrangements with employees of the Unit subject only to employment procedures and qualifications approved by the National Office.”
Since there was no budget adopted by the Executive Committee for 2009, President Hamilton has also violated the following Bylaws: Article VI, Section 1 (b)
“Units may employ Staff and/or Executive Director where budgets of Units warrant such employment, upon terms and conditions approved by the President and CEO”
Jominique Honey has placed the Branch in a liable position for payment of over $50, 000 because President Hamilton has entered into work financial arrangements without the Executive Committee knowledge and approval. President Hamilton has acknowledged payment for at least $3400 plus dollars without Executive Committee approval. Jominique Honey is now pursuing the Branch for full payment. The matter was partially discussed at the October 17, 2009 meeting. Exhibit (13) a copy of the President’s Report dated October 17, 2009.
An employee-employer relationship was developed because President Hamilton was directing and controlling what work Jominique was doing and how the work was to get done and had promised her an hourly rate as informed.
Allegation 16
President Hamilton has disclosed with others that the Internal Revenue Service has seized the Branch financial records and she refused to inform the Executive Committee after been advised to do so.
President Hamilton met with some members of the Milwaukee Branch to inform them that the Internal Revenue Service (IRS) had seized the financial records of the Branch and she did not want to inform the Executive Committee. To date, President Hamilton has not informed the Executive Committee that the IRS has seized the financial records. The Executive Committee has a right to know what they maybe held liable for and what is going on with the records.
Allegation 17
President Hamilton continues to allow reimbursement of family members, friends, her, and others without Executive Committee approval.
This practice violates Article VII, Section 4 (c)
There is no oversight for this pattern and practice by President Hamilton. This practice continues to invite further corruption.
Allegation 18
President Hamilton and Treasurer failed to get the 2009 budget adopted by the Executive Committee. Both again failed to submit a legal and proper budget for 2010 and in accordance to the Bylaws, Article VIII, Section, 5 (d)
“The Finance Committee shall consist of the President, Treasurer, and at least one other member. It shall study the financial needs of the Unit and shall be responsible for drafting an adequate annual budget.”
President Hamilton mailed a so-called budget to the Executive Committee members. (Exhibit 14) a copy of budget. This is not a budget and it’s certainly not an adequate one.
According to the NAACP, “The budget is the work plan of the Branch for the year. It should be based upon anticipated income and disbursement. A study of the Branch expenditures over a period of two years or more will provide an adequate basis for drawing up a budget. Standing committees should be requested to submit estimates of the cost of their program for the year to be included in the budget. One of the most important functions of the Finance committee is to draft the annual budget.”
The Milwaukee Branch operated in 2009 without a budget being approved. The budget was not approved and adopted by either the Executive Committees, the one ended in December 2008 or the new Executive Committee that was installed in February 2009. It is further evident by the letter dated December 14, 2009, from President Hamilton where she states, “…I am enclosing another copy of the budget for you to keep.” President Hamilton mailed a copy of the budget on December 10, 2009, but failed to enclose two copies. Also in this letter, President Hamilton states, “You should have a copy of the 2009 proposed budget and the one we voted on. That has always been an option.” This is not true. (Exhibit 15) copy of December 14, 2009 letter; (Exhibit 16) copy of December 2008 minutes.
President Hamilton, not the Treasurer, in a letter dated December 9, 2009, mailed a copy of the 2010 so-called budget to the Executive Committee members to review, sign, and return in the enclosed stamped self-addressed envelope on or before Tuesday, December 15, 2009. (Exhibit 17) copy of letter President Hamilton’s letter.
President Hamilton removed the opportunity for discussion, debate or approval from the majority publicly as a body. The Executive Committee was asked to look it over quickly and return it right back to President Hamilton. This document, which we refuse to call a “budget”, has no comparison to the “alleged” 2009 budget. It shows no projected net income for 2010 and what is the total income or deficit for this period. The projections shown have no basis because there is no comparison of budgeted and actual income and actual expenses for calendar year 2009. The so-called budget did not include any budgets from standing committees.
Because Mr. Vann, representing the National Office, has informed the Executive Committee that they are responsible for any misuse of funds, if they approve the President’s spending, a real budget must be presented from the Treasurer and approved publicly at an Executive Committee meeting.
There is no way possible for the Executive Committee to hold President Hamilton and Treasurer accountable when the financial reports are not given to the Executive Committee and most often untimely and when no budget is submitted as required and is not followed.
Allegation 19
President Hamilton continues to refuse to order the Secretary or others who take minutes of the Executive Committee and General Membership to produce them at monthly meetings.
The Executive Committee secretary has been absent more than six (6) meetings and President Hamilton has refused to follow the Bylaws in getting the secretary removed, other officers and Executive Committee members. Attempts have been made, following the Bylaws and President Hamilton has refused to cooperate. An emergency letter dated December 14, 2009 was sent to Chairman Julian Bond and President Benjamin Jealous in an effort to accomplish this serious task. (Exhibit 18) a copy of letter
According to the National Office the minutes are “the official record of proceedings at a meeting…Keeping minutes of meetings is a matter of the greatest importance in a non-profit corporation or association. The minutes are the organization’s history and its plan of action. They record past decisions and facts so that no disputes about them need arise later. They express the will of the members about policy, plans and specific actions.”
All Branch minutes should be kept in a single bound book. The Milwaukee Branch minutes have been taken in loose-leaf notebooks, etc. Minutes have been taken by various people, family members and have not been given to the Executive Committee except for the months, August, September and October 2009. The minutes do not include the names of the Executive Committee members who are present or absent and the minutes that have been received for the year are never signed by the Secretary and countersigned by the President. We DO NOT get minutes to verify attendance. Many Executive Committee members and Officers have missed more than six regular monthly meetings and three additional meetings have been cancelled by President Hamilton therefore these identified delinquent members have only been participated in a total of three (3) meetings out of twelve (12).
Allegation 20
In a letter dated December 14, 2009, President Hamilton canceled the Annual Meeting without Executive Committee knowledge and approval.
The letter dated December 14, 2009, (see exhibit 16), from President Hamilton specifically states, “ Our Annual Meeting scheduled for December 19, (sic) 2010 is cancelled. There was no prior notice that the meeting was being cancelled until receipt of the letter. She failed to state her reason for canceling the meeting.
According to the Bylaws Article V, Governance, Section 3 (b), it states,
“Each Branch shall hold an Annual Meeting in the month of December to receive and act upon Annual reports from the Officers/Chairpersons of Standing Committees and to vote for members of the Board of Directors and may install Officers and Executive Committee Members elected at the Biennial Election.
President failed to hold this meeting and instead attempted to have the meeting by mail. In her December 14, 2009 letter, she states, “A few days ago, we sent you communications regarding some of the things that we should take care of at the Annual Branch Meeting.” President Hamilton was referring to the so-called budget and the ballot. She knew then she was not having an Annual Meeting when her attempt was to hold the meeting through the mail.
She mailed out a so-called budget and the official 2009 Annual Branch Election ballot on December 9, 2009 to be mailed back by December 15, 2009. (Exhibit 19), a copy of ballot. It states each Unit shall vote for the nominees of its choice during its December Meeting. The Branch did not hold a meeting therefore the Branch’s selection was not determined by a majority vote of the members in good standing present and voting as required.
According to Article IX, Election of Officers and Executive Committee and Delegates, Section 6, Voting for Members of the Board of Directors at Large it states: President Hamilton in violation of the aforementioned Bylaws.
“The list of candidates for the Board of Directors is mailed out to the Units of the Association by not (sic) later than November 1st of each year in accordance with procedures established by the Board of Directors in the NAACP Annual Elections Procedure Manual. The names of the Board of Directors Candidates shall be placed on an election ballot to be voted by members of the Unit at the Annual Meeting of the Unit.
The December 14th letter in reality became an unofficial “Special Call Meeting”, completely ignoring the purpose of the Annual Branch meeting and no mentioning of when and if that meeting will ever occur.
President Hamilton failed to execute a Special Call Meeting by several Executive Committee members and membership in November 2009, but yet she calls this meeting attempting to ignore/discount concerns regarding the chaos at the Branch, the financial status of the Branch, what programs are operating, the attendance problems of Officers and Executive Committee members, etc. President Hamilton has called a meeting for Thursday, January 7, 2010 at 4:30 pm and another meeting set for Thursday, January 21, 2010, which she calls “our regular scheduled meeting,
President Hamilton has changed the regular monthly Executive Committee and General Membership meeting date from every third Saturday, now to every third Thursday without Executive Committee knowledge and approval. She has failed to notify General Membership of this significant change. According to the National, it is the General Membership who change the place, date/or time of the General Membership meetings and not President Hamilton.
Allegation 21
President Hamilton failed to give written notice to membership of the Annual Meeting and she solely cancelled the meeting.
President Hamilton violated Bylaws, Article V, Governance, Section 4, (b):
“Written notice shall be provided a minimum of 30 days prior to the time and place of the Annual Meeting to each member in good standing in writing, or published in some local newspaper of general circulation.”
President Hamilton continues to ignore General Membership and does exactly what she wants to do, consciously ignoring all Bylaws.
If President Hamilton had not cancelled the Annual Meeting, the Treasurer would have been responsible for providing reports covering the financial condition of the NAACP Unit… submit an Annual Report to the business of his/her office at the Annual Meeting of the NAACP Unit, to which shall be appended a statement signed by the President and Secretary that all funds by the NAACP Unit have been listed in the Treasurer’s report; this is in done in accordance to Article VII, Section 4, (e) This action is not being taken at the Branch.
It is believed President Hamilton did not hold this meeting because the financial records are not accurate. It has been reported that attempts are being made to conduct an audit unknowingly to the Executive Committee so that when the local and National Office do decide to have an audit the records will have been tampered with in an effort to satisfy no wrongdoing, misuse of funds and dishonest accounting; if the IRS has the books, they will continue to hide this information from the Executive Committee and membership.
The Executive Committee Secretary is responsible for submitting to the Branch at its annual meeting an annual report covering activities. Due to the meeting being cancelled, this duty will not be performed and the Executive Committee and General Membership will not know what activities the Branch is engaged in and responsible for and how they are being financially supported.
Conclusion: We are requesting a fair, full and complete investigation of the allegations stated in this complaint.
This complaint consists of 16 pages with 19 exhibits totaling ______pages.
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