Wednesday, November 08, 2006

NAGE loses ... illegal influence peddling case

The Supreme Judicial Court just ruled against NAGE in a case concerning an illegal contract.

The
late and unlamented former president for life, Ken Lyons entered into
an illegal contingent "consulting contract" in an attempt to influence
a Mass Turnpike Authority (MTA) real estate development decision.

NAGE
agreed to pay Alfred Arcidi $250k if the MTA approved the proposed NAGE
Housing Project. MTA approved it and NAGE paid $200k, then reneged on
the $50k balance. Arcidi sued NAGE for the remaining $50k.

NAGE counter-sued making the extraordinary claim that they should be paid back the initial payment because the contract that NAGE prepared (one assumes, because only NAGE had signed it) was a contingent, influencing-peddling contract which is illegal under state law.... (so
I guess the devil made them do it?... or perhaps they were holding a
gun against their own head and threatening to pull the trigger if NAGE
didn't sign?)


The SJC, wasn't buying it.... the $200k of your dues money that NAGE paid on an illegal contract (the project was never built by the way), will not be returned.....

If you've got a fast Internet connection you can watch the oral arguments (there are some mildly humorous moments during exchanges between the Justices and the NAGE attorney....)

Here's the link to: Suffolk Law school web cast

Questions:

  1. Could these idiots pour crap out of a boot if the instructions were printed on the heel??...
  2. Don't you think there needs to be some over-sight and accountability for how they are spending your money???

Read the entire case yourself here:

ALFRED L. ARCIDI vs. NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INC.

17 comments:

  1. The shit keeps hitting the fan at nage but they keep on going. Who is bankrolling these guys and why?

    ReplyDelete
  2. If you are a member, take a look in the mirror to see who's bankrolling NAGE .... your recently increased dues pay for Holway and his cronies to live like millionaires.... NAGE spends your money with zero accountability

    ReplyDelete
  3. The Nage Housing Project Was Built In Behalf Of The Member's So There Would Not Be Any DUE'S INCREASE TO THE MEMBER'S. The Project Earned Nage 7 Millon Dollars. Also At Least $100,000 Dollars Per Year In Parking Revenue's. Now The Question Is WHERE IS THE MONIES. Ask President Dave Or The Other THEIF Andy Stern WHERE IS THE MONEY. Thes Number's Can Be Confirmed On The LM 2"s The THEIR HOLWAY SUBMIT'S.

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  4. Up date info, The NAGE Project was BUILT. It was BUILT to AVOID DUES INCREASES. It EARNED $7,000,000 for UNION MEMBERS. It also EARNS at LEAST $100,000 per year in PARKING FEES. Check your LM2's YOU SEE THE INCOME. ASK THE THIEF'S HOLWAY AND STERN WHERE THE MONEY NOW

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  5. Nahhh, I don't think so, squire....
    NAGE Housing Inc, (James "sell-out" Farley, President)... has many investments and properties.... more on that later....

    I assume the reported income is for one of the investments that DID come to fruition.....

    They testified that the subject project was never built....

    ....perjuring themselves in front of the SJC would be too STUPID (too prove-able), even for NAGE....

    I think you've got it mixed up with something else brother....

    ReplyDelete
  6. Hey Blog Meister Winston Smith.

    Please stand corrected, The Project "Nautica" was BUILT. $7 million in PROFITS and Parking Garage PROFITS of $100,000 per year. The issue before the court was the last $50,000 and the return of the $200,000 At the time of the of the contract the issue was approval to be built by land owned by the MBTA, NOT THE COMPLETION OF THE PROJECT AS NAGE/SEIU ARUGUED BEFORE THE COURT. The land was sold to NAGE by the MBTA and the PROJECT WAS BUILT. Ask Tom Folan ask David Bernard. Check the LM2's. This was a project built for the MEMBERS to KEEP YOUR DUES LOW. Again I say as THE THIEF's SHOW ME THE MONEIES.

    ReplyDelete
  7. Lobbyist ordered to repay union
    By Elise Castelli, Globe Correspondent | October 20, 2004

    A judge has ordered Alfred L. Arcidi, a wealthy political fund-raiser, to return $200,000 in lobbying fees to the National Association of Government Employees, a sum the union says he received for an hour or so of work.

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    Boston.com
    Sign up for: Globe Headlines e-mail | Breaking News Alerts In a summary judgment earlier this month, Essex Superior Court Judge Elizabeth Fahey ruled in favor of the union, which demanded that the money be returned upon learning that former president Kenneth T. Lyons paid Arcidi the sum in advance and had promised an additional $50,000.

    Along with the lobbying fees, the union was awarded $95,409 in interest and court costs.

    Arcidi's lawyer, Valeriano Diviacchi, said Arcidi plans to file an appeal.

    Arcidi was hired by Lyons, a close friend, in 1999 as part of the union's effort to secure a Massachusetts Turnpike Authority project to build a residential development on Big Dig land in Charlestown. The development, called Nautica, was to include 117 high-priced units.

    In a deposition taken as part of the law, Arcidi testified that the largest amount of time he spent lobbying for NAGE on the project was a 45-minute conversation he had with Thomas F. Birmingham, then state Senate president. Arcidi had been a major fund-raiser for Birmingham.

    When Arcidi demanded the balance of his $250,000 fee, the union's current president, David J. Holway, refused after he found out that Arcidi did only about an hour of work, according to Lesa Lessard, a spokeswoman for NAGE.

    Arcidi then filed a lawsuit, prompting the union to file its countersuit.

    "Mr. Lyons attempted to improperly utilize the power of Arcidi to assure our being selected for the project in Charlestown," Lessard said.

    "As soon as our new president, David Holway, found out about this, he immediately saw this as a red flag."

    In a written statement, Holway said: "I want to thank Dr. Arcidi, who brought this matter to our attention through this outrageous lawsuit. The court took the appropriate action, and our members have been made whole."

    Diviacchi called Fahey's ruling a mistake.

    "She didn't give it any thought," Diviacchi said. "My client was offered a contract by Mr. Lyons and his union and he accepted it. He accepted it and did what he was supposed to do."

    Turnpike Authority officials who were involved in the selection process said last year that the contract was awarded to the union based on community support. The officials, speaking on the condition of anonymity, said they had not been contacted by Birmingham on behalf of NAGE's proposal.

    Union officials said NAGE posted a net profit of $4 million on a $1 million investment as a result of the Nautica project.

    But Lyons, the former union president, said last year that the profit was $9 million.

    © Copyright 2006 Globe Newspaper Company.

    ReplyDelete
  8. Professional Arts
    Baltimore, Maryland


    Under DevelopmentIn 2006, Somerset and its joint venture partner NAGE Housing, Inc., acquired the Professional Arts Building, an eight story building built in 1927 located in the heart of the historic Mount Vernon neighborhood of Baltimore, Maryland. The neighborhood is home to Washington Monument, the Walters Art Gallery, the Peabody Conservatory of music, and City Stage, as well as shops and restaurants; and is close to major transportation lines. This adaptive re-use project will convert the current office uses into a mixed-use property with approximately 110,000 square feet of retail, offices and residential apartments, preserving and restoring the historic elements of the building. Total development costs are estimated to be $22 million. Professional Arts Building Partners, LLC has received approximately $2.7 million in Maryland state historic tax credits to preserve the building and the project has been approved for Federal Historic Tax Credits and is currently under review for New Market Tax Credits. Construction is estimated to begin in the first quarter of 2007.

    The Building
    The building is a brick and stone structure, with eight stories plus a basement. It is currently used as an office building for small professional and medical offices and is about 1/3 occupied. The building consists of approximately 108,000 gross square feet, including approximately 81,000 square feet of rentable space.

    Partner
    NAGE Housing, Inc. is a wholly-owned affiliate of the National Association of Government Employees, a national union representing government and service employees. NAGE Housing, Inc. has significant experience in the development of both market rate condominiums and affordable housing. NAGE Housing, Inc. is dedicated to providing opportunities for working households to live in the communities where they work.

    Architect
    Kann & Associates Inc. is one of the premier architects in Maryland specializing in historic preservation. The firm was founded in 1974 by Donald R. Kann, AIA and is staffed by architects and interior designers. Kann & Associates Inc. has been characterized through its repetitive client base as providing superior design services, outstanding project management, thorough project research, stringent cost control management and in-depth knowledge of building codes, construction technology, and State and Federal historic preservation requirements. In addition to many awards which their skilled professionals have earned for individual achievement, Kann & Associates Inc. has received numerous design recognitions from professional and community organizations. Kann has provided design services for several significant historic preservation buildings in Baltimore including Baltimore City Hall, The Garret-Jacobs Mansion, The Johns Hopkins Hospital and Montpelier Mansion.

    Construction Management
    As a construction manager and general contractor, Struever Bros. Eccles & Rouse, based in Baltimore, Maryland places a premium on quality and attention to detail. They bring a strong commitment to and knowledge of redeveloping communities; and have extensive experience in mixed-use and historic preservation projects. Struever Bros. has successfully completed numerous historic renovation projects including Centerpoint, Congress Hotel, Munsey Building, and Francis Scott Key Hotel Apartments. As one of the largest builders in the mid-Atlantic region, Streuver Bros. enjoys strong buying capability. They bond with A-plus rated Fidelity and Deposit of Maryland, and their bonding rates reflect their merit status.

    ReplyDelete
  9. OK.... I'll stand corrected.... I could have sworn I heard it repeated several times, during the oral arguments in front of the SJC, that the project was never built....

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  10. Now that we know that "Nautica" was BUILT and EARNED LARGE SUMS OF MONIES FOR US THE MEMBER'S. The QUESTION is WHERE IS ALL THE MONEY

    ReplyDelete
  11. Hey Members You Think Some Of The "Nautica" Monies Go To Pay Ray McGrath's Room And Board When The House And Senate Is In Session, So He Doesn't Have To Drive Back And Forth From The Cape "His Million Dollar Housing Project" To The State House In Boston. You Wouldn't Want Him To Get Tired Working For Us Member's. Or Did Some Of The Monies Go To Buy The Condo Down In Washington DC. How's It Go Member's First Or Is It US FIST.

    ReplyDelete
  12. My wife works for the court and she was called this weekend for a "survey" about how NAGE is doing. She's not even a MEMBER of NAGE. How much money are these idiots wasting to pay a company to survey and steal members from other unions. How about asking their own members "How is NAGE doing?" Bet they're afraid of THAT answer.

    ReplyDelete
  13. This is an organization that does what it wants and ignores everything and everyone else.

    At the convention I had offered two amendments that were voted on and passed. The amendments would require Holway and company to (1) set board agendas 30 days in advance, and require that NAGE publish board meeting minutes; and (2) provide for absentee ballots for National elections.

    Although they were voted on and approved at the convention, the amendments have still not been published or acknowleged, unlike all the ammendments offered and approved from the "Holway" team.

    The following has been sent:

    Dear Brother Holway:

    I received a mailing from you dated November 2, 2006, addressing several changes to the NAGE Constitution and By-Laws adopted by the NAGE National Convention held in Las Vegas during September 10-13, 2006.

    In reading through the letter and visiting the NAGE web site, I did not see either of the two amendments that I had offered and which were fully and fairly adopted by the delegates to the convention.

    The amendments as you know concerned absentee voting; and agenda and publications provisions concerning board meetings. Perhaps it was on oversight on your part or maybe something more.

    Please advise me of when these issues that I, and others so worked hard to enact will in fact be published and shared with the membership. I remind you of your obligation to the will of the Convention body, and of your duties and obligations as the NAGE National President.


    Respectfully,


    John V. Valenti
    President NAGE Local R1-109

    ReplyDelete
  14. November 15, 2006

    John Valenti, President
    NAGE Local R1-109
    VA Connecticut Healthcare System
    555 Willard Avenue
    Newington, CT 06111

    Re:Constitution and By-laws

    Dear Mr. Valenti:

    National President David Holway forwarded your email of November 9, 2006, regarding changes to the NAGE National Constitution and By-laws, to me and the By-Law Committee for response.

    You are correct that the amendment concerning publication of the agenda and minutes of meetings of the National Executive Board was inadvertently left out of the revised Constitution.

    We have corrected the oversight and the approved language now appears in Article IX, section 2. A copy of the corrected article is enclosed. The tentative agenda of the National Executive Board meeting scheduled for November 29-December 2, 2006, is on the NAGE website.

    The issue of absentee voting at future conventions was adopted as a resolution and not as an amendment to the Constitution and By-laws. The resolutions adopted at the Convention have been forwarded to all local presidents. Another copy is enclosed.

    Thank you for bringing this matter to our attention.

    Very truly yours,

    Jean E. Zeiler
    Deputy General Counsel

    *ABSENTEE VOTING AT NATIONAL CONVENTION

    If this resolution is allowed by the Department of Labor, NAGE will allow duly elected delegates of local unions to vote by absentee ballot on the election of officers.

    Any delegate who is unable to attend the convention shall notify the election officer 30 days before the start of the convention.

    Absentee ballot shall be signed by duly elected delegates and and notarized and shall be mailed by certified mail within three weeks of the receipt of the official ballot from the National Election Officer.

    Absentee ballots must be received by the election officer seven days prior to the start of the convention and shall remain unopened in the custody of the election officer until the National Convention.

    Absentee ballots will be certified, opened, and counted at the convention immediately upon conclusion of the voting by delegates present at the convention.

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  15. Wow, an ACTUAL response from someone who works at nage! Things must be really desperate over at Burgin Parkway for them to actually respond to a member and do so respectfully!

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  16. Did anyone go to the Unit 1 membership meeting?

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  17. NAGE is late again in filing its LM Report with the Department of Labor. When will the report surface and what secrets will it hold?

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