Trial Decision [8.12.15]
In re: Trial of Steve Conn on Members’ Charges
Decision
The Bylaws of the Detroit Federation of Teachers provide at Article XV, Section 1(a) that:
The Union shall have the power to suspend or expel any member, or remove from office any officer who violates or fails to comply with any of the provisions of the Constitution of the American Federation of Teachers, or of the Constitution or By-Laws of the local union; or who engages in any activity or course of conduct which is contrary or detrimental to the welfare or best interest of the AFT or the local union.
Article XV, Section 2 provides that charges may be made by members, who submit the charges to the Union President, unless he/she is the person charged, in which case the charges are submitted to the Executive Vice President (EVP). The Executive Vice President is required to notify the President of the charges and arrange for a meeting between the members and the officer, in order to seek an informal resolution of the matter.
Charges against Detroit Federation of Teachers President Steve Conn were submitted by a number of members, including the three elected Union Trustees, Elena Brantley-Phillips, Lisa Card and Rahjina Johnson, by Patti McCoin and Emma Howland-Bolton, and by teachers at Clark School. EVP Ivy Bailey notified President Conn of the charges by letter dated June 23, 2015, and scheduled reconciliation conferences. President Conn refused to attend. If charges are not resolved informally, the Executive Board is required by the Bylaws to decide whether or not to proceed to trial on the charges. The Executive Board considered the unresolved charges against President Conn and decided to proceed to trial on the charges, notifying him of that decision by letter dated July 13, 1015.
The trial was held on August 3 and 4, 2015, in accordance with the requirements set forth in the bylaws at Article XV, Section 3(b), which state that the Executive Board shall sit as the jury and that the ranking officer, in this case the Executive Vice President, shall preside. The bylaws require that the trial be held in Executive Session (closed session). The Charging Parties and President Conn were allowed to be represented by counsel, to call witnesses and present evidence, and to submit written closing arguments.
The Jury’s Conclusions. We, the jury, reach the following conclusions.
Unauthorized affiliation with BAMN. Patti McCoin charged that President Conn violated the bylaws and acted in a manner detrimental to the best interests of the DFT by essentially affiliating the DFT with BAMN (Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary.)
Witnesses credibly testified that BAMN members (sometimes referred to as “BAMN kids,” and sometimes as “BAMN youth”), who are not DFT members, were allowed and encouraged by President Conn to be involved in the affairs of the DFT. There was testimony that they came to DFT meetings. There was testimony that BAMN members attended and participated in the January 25 special membership meeting and were abusive to DFT members. At the February regular membership meeting the members voted to exclude them from the meeting. President Conn then failed and refused to preside over the next three regular membership meetings and instead held three more special membership meetings. There was testimony that the BAMN members attended and participated at the March 29 special membership meeting, referred to by witnesses as the Palm Sunday meeting. There was credible testimony that the BAMN youths solicited signatures on petitions to call these special meetings that they accompanied President Conn to schools and to rallies sometimes identifying themselves as the DFT, and helped in the planning of such rallies.
There was credible testimony that the BAMN members accompanied President Conn to the Executive Board Meetings, that the Executive Board voted at several meetings to exclude them, that President Conn resisted excluding them, that they were disruptive in the meetings and abusive to the Executive Board members and other DFT members, and that as a result of their disruptive behavior the Union was advised that it could no longer use the conference room in the building where it is a tenant.
Witnesses testified, and it is undisputed, that the National Director of BAMN, Shanta Driver, sat with President Conn on the dais at the first special meeting following his election, consulting with him on all matters, that she conducted building representative training, that Conn took her, rather than the Union’s counsel, to a meeting with the emergency manager, while denying the Executive Vice President or other officers the opportunity to participate in the meeting, and that Conn sought to have Driver hired as the union’s attorney. President Conn permitted Driver to be represented as the DFT attorney to media outlets and others, necessitating the Executive Board to communicate with her and with media to clarify the misperception, which Conn and Driver had allowed.
We conclude that Patti McCoin’s charge regarding the affiliation of the DFT with BAMN has been proven by the evidence and that President Conn has violated Article V, Section 1 of the bylaws by allowing and encouraging this to happen, and Article XV, Section 1(a) of the bylaws by engaging in a course of conduct which is contrary or detrimental to the welfare or best interest of the DFT.
Membership Meetings. Patti McCoin charged that President Conn had illegally cancelled regular membership meetings, illegally attempted to convene special membership meetings, and failed to preside over meetings in accordance with the bylaws.
Regular Membership Meetings. Article IV, Section 1(a) of the bylaws provides that regular meetings open to the entire membership shall be held monthly at a time and place determined by the Executive Board. At the beginning of the school year the Executive Board scheduled regular meetings for the second Thursday of each month at the IBEW Hall on Porter Street in Detroit.
Article VII, Section 1(a) of the Bylaws says that the President shall act as Chairman of the Executive Board, special and general Membership meetings, and prepare the agenda for the meetings.
The evidence regarding the regular membership meetings is largely undisputed. President Conn was sworn into office on January 20, 2015. He presided as chair of the February 12, 2015, regular membership meeting. Without a motion or a vote, he adjourned the March 16 regular membership meeting five minutes after it was scheduled to begin and left the building. The meeting was called back to order and presided over by the Executive Vice President in President Conn’s absence. There was un-rebutted testimony that he said that he had adjourned the meeting because he did not see his supporters there.
President Conn appeared outside of the IBEW hall on the date of the April 16 regular membership meeting, passing out flyers saying that the meeting would be held at a different location. He refused to preside over the meeting because the IBEW had notified the Union that Patrick Burton, who had been videotaped by a surveillance camera assaulting another union member, would not be allowed in the building. The Executive Vice President presided over the meeting in President Conn’s absence.
President Conn attempted to cancel the May 14 regular membership meeting, again because Patrick Burton was not permitted in the IBEW hall. The Executive Board refused to permit the cancellation because it was not in compliance with Article IV, Section 1(h) of the bylaws, which allow for cancellation of a meeting only in the event of an emergency and by vote of the Executive Board. The Executive Vice President presided over the meeting in President Conn’s absence.
In sum, we conclude that President Conn illegally attempted to cancel meetings in violation of Article IV, Section 1(h), and failed to preside over three of the four regular meetings held during his first four months in office, thus failing to carry out his responsibilities as president, as set forth in Article VII, Section 1 (a).
Special Membership Meetings. Article IV, Section 1(c) of the bylaws provides that special meetings may be called by the Executive Board or upon the written request of 500 members in good standing, representing at least 10% of the schools and work locations. The subject mentioned in the call is to constitute the agenda for the meeting.
In response to the June 23, 2015, letter notifying him of the members’ charges, President Conn posted a letter on the Union’s website. In it he stated that all four special meetings, held on four Sundays; January 25, March 29, May 3 and May 31; had been convened in compliance with the bylaws provision. He said he had received more than 500 signatures by members from more than 10% of the schools and worksites and that the agenda for those meetings was contained in the language of the signed petitions. He further stated that he had given those petitions to the election committee for verification.
He also wrote that only the election committee could review and verify the petitions, relying upon Articles V and VI of the bylaws, and that the election committee could certify the legitimacy of the meetings but would not show the petitions to anyone, in order to protect the confidentiality of the petition signers.
Article V, cited by President Conn, identifies the elective offices and is totally
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