nee submission re extnsion with endorsement

7/27/2019 Nee Submission Re Extnsion With Endorsement

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?MEMO EN ORSE Mdrch 6, 20141 3Y H NDThe Honorable RichardM Benlian "United States District JudgeSouthern District of New YorkDaniel Patrick Moynihan Courthouse500 Pearl StreetNew York, New York 10007

Re: United States v District Council, et aI., 90 Civ. 5722 (RMB)

Dear Judge Bennan:I write in regards to the Review Officer s March 3 2014 letter to the court. On

pg.3 ~ of his submission the Review Officer states that in the absence of an agreementfrom the District Council to extend his term prior to the March 10th Court Conferencehe will move the Court to extend his tenure at that Conference. Since nothing has everbeen presented to the Delegate Body in regards to granting the Review Officer anotherextension to his tenure, and with no scheduled Delegate Body meeting until March 13 th, there is no possibility of any agreement being in place prior to the March 10th CourtConference, which means that what the Review Officer is attempting to do is to bypassthe District Councils governing body in his petition to the Court.

I believe that this attempt to invoke the Courts authority without ever makingany attempt to bring the matter in front of the Delegate Body is improper and contraryto the Stipulations stated intei:lt of creating a democratic self-governing DistrictCouncil. I fmd it difficult to reconcile any attempt to bypass the District Councilsgoverning body with being a purported step towards self-governance.

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Case 1:90-cv-05722-RMB-THK Document 1494 Filed 03/07/14 Page 1 of 3


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I also fmd it difficult to reconcile the Review Officers claim that he is seeking toreduce his oversight uthority when he is in fact seeking the ability to invoke one ofthe most potent weapons held by the District Court.

I do not believe that the Review Officer could even be granted such authoritybased on the vague and generalized petition which has been submitted to the Court. nInternational Longshoremen s Ass n v Philadelphia Marine Trade Ass n, 389 U.S. 64,76, 88 S.Ct. 201, 208, 19 L.Ed.2d 236 (1967). The Supreme court held The judicialcontempt power is a potent weapon. When it is founded upon a decree too vague to beunderstood, it can be a deadly one.

Nor does the authority sought by the Review Officer seem to comport with theSupreme Court's decision in Hartford-Empire Co. v United States, 323 US 386,410(1945) where the court held that one may not enjoin all possible breaches of the lawas the Review Officer is seeking (see Stipulation 5 b. iii c) is contrary to or violatesany law ).

Even if the Court were to consider allowing the Review Officer to petition theCourt without ever conferring with the District Councils Delegate Body regarding anyof this, I believe that at the very least a great deal more construction is required than

. .exists in the current submission to the Court, and an explanation as to why the ReviewOfficer feels it is now necessary for him to have this unfettered access to this potentweapon of the Court.

While the Review Officer holds this as a first step towards self-governance bythe District Council, he gives no indication of how many other steps he envisions, orhow this should not be viewed as an attempt to extend his tenn continually in excess ofthe six months or less allowed under the Stipulation 8 c i i

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ConclusionI believe that it would be detrimental to allow the Delegate Body s authority to

be so easily disregarded and I ask the Court to require that this matter be presented tothe Delegate Body before the Court considers taking any action on this matter. If self-governance is the goal, bypassing the District Council s governing body cannot beconsidered acceptable.

~ / 1 46818 52nd Dr.Maspeth NY 11378Tel.(718) 593 6414Email [email protected]

cc by emailDennis WalshBenjamin Torrance

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nee submission re extnsion with endorsement

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