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Steven B. Bassoff--SBN: Attorney at Law 1220 S Street, Suite 100 Sacramento, CA 95811 (916)-448-7317 Attorney for Petitioner

070090

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SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO

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) Case No.: ) Petitioner ) PETITION FOR WRIT OF MANDATE ) (CORPORATIONS CODE SECTIONS 8333 vs. AND 8336) SERVICE EMPLOYEES INTERNATIONAL ~ UNION (SEIU) LOCAL, 1000 ) MARIAM NOUJAIM Respondent
) Date: ) Time: ) Dept:

)

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Petitioner Mariam Noujaim alleges the following: 1. At all times herein mentioned Petitioner Mariam Noujaim has been a dues paying member of Respondent Service Employees International Union, Local 1000 (SEIU). SEIU serves as Petitioner's exclusive representative in her employments relations with the State of California under the Dills Act (Government Code section 3512 et seq.). 2. Petitioner is informed and believes and thereon alleges that Respondent SEIU is a California nonprofit mutual benefit corporation with its principal place of business in Sacramento, California. SEIU serves as Petitioner's exclusive representative under the Dills Act. 3. Pursuant to Corporations Code section 8333, the accounting books and records and minutes of a corporation shall be open to inspection upon the written demand on the corporation of any member at any reasonable time, for a purpose reasonably related to such person's interests as a member.

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4. On March 18, 2011made a written request to SEIU to inspect the accounting books and records and minutes of SEIU, including bank statements and bank reconciliations for each month of2009 and 2010. (Exhibit A attached). Petitioner was interested in determining where SEIU Local 1000 was spending her dues and the dues of other members similarly situated. Petitioner currently pays dues of $43.60 per month. Petitioner is informed an believes and thereon alleges that for the years 2009 and 2010 SEIU has spent members' dues in amounting to several millions of dollars on matters unrelated to its duty as exclusive representative. 5. On March 30,2011, SEIU responded by requesting that Petitioner "provide legal authority" for inspecting the "bank statements and bank reconciliations." (Exhibit B attached).

6. On April 7, 2011, Petitioner responded to SEIU and provided "legal authority" to inspect the "bank statements and bank reconciliations." (Exhibit C attached). 7. On April 19, 2011, SEIU responded by offering Petitioner two dates to inspect the requested records-May 10,2011 or May 17,2011. SEIU placed no time limit on Petitioner's

need to respond as to which date she was going to select. (Exhibit D attached). 8. Petitioner responded on April 28, 2011 and selected May 10,2011 at 1:00 p.m. (Exhibit E attached). 9. However, in a letter dated May 5, 2011, SEIU notified Petitioner that she had not timely responded to its April 19th letter, therefore, she was not being allowed to inspect the records on May

io".

(Exhibit F attached).

10. Petitioner responded on May 5, 2011, noting that SEIU's contention that she did not respond in a timely manner was in error, and that she would be at the SEIU office on May 10, 2011 to inspect the requested records. (Exhibit G attached). 11. In a letter dated May 9, 2011, SEIU proposed that Petitioner select either June 7 or 14,2011, to inspect the requested records. (Exhibit H attached). 12. Petitioner went to the SEIU office in Sacramento on May 10,2011 to inspect the records. She was denied access to the records by SEIU. 13. On May 11,2011, Petitioner notified SEIU that she would inspect the records on June 7,2011 at 1:00 p.m. (Exhibit I attached). 14. However, on May 19,2011, SEIU notified Petitioner that she would not be allowed to inspect the records unless she signed a Confidentiality Non-Disclosure Agreement. (Exhibit J

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attached). Petitioner notified SEIU that she would not sign the agreement in a letter dated May 27,2011. (Exhibit K attached). There is no statutory authority for SEIU to place conditions on a members right to inspect the records identified in section 8333. Therefore, Petitioner is, and has been, denied the right to inspect the requested records by SEIU, notwithstanding a statutory duty SEIU's part under section 8333 to allow members the right to inspect records of the corporation. 15. Under Corporations Code section 8336, where a request to review records pursuant to section 8333 has been denied, the court may enforce the demand to inspect with just and proper conditions. 16. Petitioner has been denied her right to inspect the requested records since March 2011. Petitioner is beneficially interested in the issuance of a writ because she is a member of SEIU Local 1000 and has been denied the right to inspect the requested records in order to determine where her dues are being spent. 17. Petitioner does not have a plain, speedy or adequate remedy in the ordinary course law other than the relief sought in this Petition to enforce her right to review the requested records. WHEREFORE: Petitioner prays for relief as follows:
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1. That the Court issue a peremptory writ of mandate ordering Respondent to permit Petitioner to inspect all accounting books and records, including bank statements and bank reconciliations; 2. Reasonable attorney's fees pursuant to Corporations Code section 8337; and 3. For costs of this proceeding and for such other relief deemed just and proper by the Court.

Dated: June 10,2011

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VERIFICATION I, Mariam Noujaim am the Petitioner in this action. I have read the foregoing petition and know the contents thereof. The same is true of my own personal knowledge, except as to those matters that are therein alleged on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this

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of June 2011, at Sacramento, California.

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EXHIBIT A

Law Office of Steven B. Bassoff
1220 S Street, Suite 100 Sacramento, California 95811-71:38

916-448-7317 FAX 916-448-7357

March 18,2011 Paul E. Harris, III Chief Counsel SEIU Local 1000 1808 14th Street Sacramento, CA 95811 Request for Inspection of Records of Mariam Noujaim Dear Mr. Harris: Mariam Noujaim is a member of SEIU Local 1000. It is her understanding that SEIU Local 1000 is a nonprofit mutual benefit corporation. Pursuant to Corporations Code section 8333 "[T]he accounting books and records and minutes of proceeding of the members and the board and committees of the board shall be open to inspection upon written demand on any corporation of any member at any reasonable time, for a purpose reasonably related to such person's interest as a member." Ms. Noujaim is interested in determining where SEIU Local 1000 spends her dues and the dues of other members similarly situated. Therefore, she is requesting that SEIU Local allow her to inspect the general ledger of all transactions for all accounts of SEIU Local 1000 for the years 2009 and 2010. She is also requesting bank statements and bank reconciliations for each month for 2009 and 2010. Please let me know when Ms. Noujaim will be able to inspect the requested records. I would appreciate a response by March 31, 2011.

ve/,,;~~ ;/1 4
~. ~ssoff Cc: Mariam Noujaim .

EXHIBITB

LOCAL 1000,

SEIU
Stronger Together

b

Tel: Fax:

(916) 554-1279 (916) 554-1292

March 30, 2011

YVONNE

R. WALKER
President

Steven Bassoff 1220 S Street, Ste. 100 Sacramento, California 95811-7138

M. CORA OKUMURA
\/ice President and Secretary-Treasurer

RE:

Mariam Noujaim Request to Inspect Accounting Books

JIM HARD
\/ice President for Organizing/Representation

Dear Mr. Bassoff: This letter responds to your request on behalf of Mariam Noujaim to inspect the accounting books of SEIU Local 1000. In addition, you request that Ms. Noujaim be permitted to inspect "bank statements and bank reconciliations for each month for 2009 and 2010." To allow Local 1000 to better process this request, please provide legal authority that supports your claim that the inspection requirement under Corporations Code, section 8333, extends to "bank statements and bank reconciliations". After Local 1000 receives your response, we will respond further to your request. Please feel free to contact me with any questions at (916) 554-1279.

KATHLEEN

B. COLLINS

\/ice President for Bargaining

Sincerely,
SERVICE EMPLOYEES INTERNATIONAL UNION

J

808 J 4th Street

Sacramento, CA 958 J I (916) 554-1200 (866) 471-SEIU (7348) (916) 554-1275 Ifax) vvvvw.seiu J OOO.org

FDLT:mm

EXHIBITC

Law Office of Steven B. Bassoff
1220 S Street, Suite 100 Sacramento, California 95811-7138 916-448-7317
FAX 916-448-7357

April 7, 2011

J. Felix De La Torre
Senior Staff Attorney SEIU, Local 1000 1808 14th Street Sacramento, CA 95811 Re: Mariam Noujaim Request to Inspect Accounting Books Dear Mr. De La Torre: This responds to your letter of March 30,2011. Corporations Code section 8333 provides in relevant part that: "The accounting books and records ... of proceedings of the members and the board and committees of the board shall be open to inspection .... " The bank: statements and bank: reconciliations are part of the "accounting books and records" encompassed by section 8333. This is supported by Corporations Code section 8336 that deals with the enforcement of a request under section 8333. Section 8336 provides that the superior court may not only enforce a request for the inspection but also "appoint one or more competent inspectors or independent accountants to audit the financial statements kept in this state and investigate the property, funds and affairs of any corporation ... " and "(b) All officers and agents of the corporation shall produce to the inspectors or accounts so appointed all books and documents in their custody ... " Simply put, in order for an inspector or an accountant to perform an audit of the financial statements of a corporation the bank: statements and bank:reconciliations are needed. Therefore, these materials are included as part of the "accounting books and records" under section 8333, that can be obtained through an enforcement action under section 8336. Please let me know within 10 days from the date of this letter when SEIU, Local 1000 will comply with Ms. Noujaim's request.

Cc: Mariam Noujaim

EXHIBITD

~'

LOCAL 1000

SEIU
Stronger Together

>~

Tel: Fax:

(916) 554-1279 (916) 554-1292

April 19,2011

YVONNE

R. WALKER
President

M. CORA OKUMURA
Vice President and Secretary-Treasurer

Steven B. Bassoff Law Office of Steven B. Bassoff 1220 S Street, Suite 100 Sacramento, CA 95811-7138 Re: Inspection of Request of Mariam Noujaim

JIM HARD
Vice President for Organizing/Representation

Dear Mr. Bassoff: In response to your letter dated April 7, 2011, SEIU Local 1000 offers the following dates on which Ms. Noujaim may make an appointment to review and inspect corporate records in Local 1000's offices in Sacramento. Those dates are May 10,2011, or May 17, 2011. If neither of these dates are not convenient for Ms. Noujaim, please contact me in writing.

KATHLEEN

B. COLLINS

Vice President for Bargaining

PAUL E. HARRIS, III, Chief Counsel SEIU Local 1000
SERVICE EMPLOYEES INTERNATIONAL UNION

PEH/sm

1808 14th Street Sacramento, CA 95811 1916) 554-1200 1866) 471-SEIU 17348) 1916) 554-1275 Ifax)

www.seiul OOO.org

EXHIBITE

Law Office of Steven B. Bassoff
1220 S Street, Suite 100 Sacramento, California 95811-7138 916-448-7317 FAX 916-448-7.3.57

April 28, 2011 Paul E. Harris ITI, SEIU, Local 1000 1808 14thStreet Sacramento, CA 95811 Re: Inspection Request of Mariam Noujaim Dear Mr. Harris: This responds to your letter of April 19, 2011 regarding the Mariam Noujaim's request to inspect the corporate records of SEIU, Local 1000. Ms. Noujaim would like to schedule the inspection for May 10,2011 at 1:00 p.m. at SEIU Local 1000's office at 1808 14thStreet, Sacramento, California. If this is unacceptable please let me know immediately so we can work out an acceptable date and time.

,"Z::;/f~ #
Steven B. Bassoff Cc: Mariam Noujaim

EXHIBITF

Stronger Together

SEIU
May 5, 2011 Via U.S. Mail and Fax To: (916) 448-7357 Steven B. Bassoff Law Office of Steven B. Bassoff 1220 S Street, Suite 100 Sacramento, CA 95811-7138 Re: Inspection of Request of Mariam Noujaim

b

Tel: Fax:

(916) 554-1279 (916) 554-1292

YVONNE

R. WALKER
President

M. CORA OKUMURA
Vice President and Secretary-Treasurer

JIM HARD
Vice President for Organizing/Representation

Dear Mr. Bassoff: On April 19 2011, SEIU Local 1000 offered two dates, May 10, 2011, or May 17, 2011, on which Ms. Noujaim could review and inspect corporate records in Local 1000's offices in Sacramento. I requested your timely response so that arrangements could be made to accommodate Ms. Noujaim's request. More than ten days later we received your response requesting that Ms. Noujaim review Local 1000 records on May 10,2011. We no longer have the May dates available, and now offer June 7, 2011, or June 14, 2011, for the inspection and review. If these dates are not convenient for Ms. Noujaim, please contact me in writing.

KATHLEEN B. COLLINS
Vice President for Bargaining

SERVICE EMPLOYEES INTERNATIONAL UNION

AUL E. HARRIS, III, Chief Counsel SEIU Local 1000

1808 14th Street Sacramento, CA 95811 (916) 554-1200 (866) 471-SEIU (7348) (916) 554-1275 (fax) WWIN.seiu IOOO.org

PEHIsm

EXHIBITG

Law Office of Steven B. Bassoff
1220 S Street, Suite 100 Sacramento, Califomia 95811-7138 ·916-448-7.317 FA-X 916-448-7357

May 5,2011

Via Us. Mail and Fax to: (916)-554-1292 Paul E. Harris III SEIU Local 1000 1808 14thStreet Sacramento, CA 95811 Re: Inspection Request of Mariam Noujaim Dear Mr. Harris: I just received your letter dated May 5, 2011. Your letter of April 19, 2011 was not received in my office until April 20, 2011. Also, your letter of April 19th places no time limit on my need to reply. If your position is that you requested a timely response why doesn't the letter say that. This is no more than gamesmanship on the part of SEIU, Local 1000. Obviously my letter was received by April 29th which provided ample time for SEIU to make .the records available to Ms. Noujaim. Unless I hear otherwise, Ms. Noujaim will be at the SEIU, Local 1000 office at 1:00 p.m. on May 10th to review the records.

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Very truly YOur~

'~26

EXHIBITH

LOCAL 1000,

SEIU
Stronger Together

b

Tel: Fax:

(916) 554-1279 (916) 554-1292

May 9,2011

Via U.S. Mail and Fax To: (916) 448-7357
YVONNE R. WALKER
President

Steven B. Bassoff Law Office of Steven B. Bassoff 1220 S Street, Suite 100 Sacramento, CA 95811-7138 Re: Mariam Noujaim Request to Inspect Accounting Records

M. CORA OKUMURA
Vice President and Secretary-Treasurer

JIM HARD
Vice President for Organizing/Representation

KATHLEEN B. COLLINS
Vice President for Bargaining

Dear Mr. Bassoff: As I advised you by letters dated May 5, 2011, and May 6, 2011, SEIU Local 1000 can no longer accommodate Ms. Noujaim's request to inspect accounting records on May 10,2011, or May 17,2011. Ms. Noujaim may reserve either June 7, 2011, or June 14, 2011, for this purpose, provided that she confirms one of these dates by May 20, 2011. In the absence of such a confirmation, SEIU Local 1000 will assume that Ms. N ouj aim is no longer interested in inspecting these records.

SERVICE EMPLOYEES INTERNATIONAL UNION

PAUL E. HARRlS, III, Chief Counsel SEIU Local 1000

1808 14th Street Sacramento, CJ\ 9581 I (916) 554-1200 (866) 471-SE/U (7348) (916) 554-1275 (fax) \IVVV\N.seiu I OOO.org

PEHIsm

EXHIBIT I

Law Office of Steven B. Bassoff
1220 S Street, Suite 100 Sacramento, California 9.5811-7138 916-448- 7317 FA-X 916-448-73.57

May 11, 2011 Via U.S. Mail and Fax To: (916-554-1292) Paul Harris, III Chief Counsel SEnJ Local 1000 1808 14thStreet Sacramento, CA 95811 RE: Mariam Noujaim Request to Inspect Accounting Records Dear Mr. Harris: This will confirm that Ms. Noujaim has elected to review the accounting records on June 7, 2011 at 1:00 p.m. Very truly yours, ~ /_ ..

__ (~--7/
Steven
B_

Bassoff

7~/l
'/

Cc: Mariam Noujaim

EXHIBIT J

LOCAL 1000
b
Tel: Fax: (916) 554-1279 (916) 554-1292

SEIU
Stronger Together

VIA FACSIMILE (916) 448-7357 May 19,2011

& U.S. MAIL

YVONNE

R. WALKER
President

Steven Bassoff 1220 S Street, Ste. 100 Sacramento, California 95811-7138 RE: Mariam Noujaim Request to Inspect Accounting Books

M. CORA OKUMURA
Vice President and Secretary-Treasurer

Dear Mr. Bassoff: This letter confirms that SEIU Local 1000 will accommodate Ms. Noujaim's request to inspect accounting records on June 7, 2011, at 1:00 P.M. Because the accounting records include confidential and private information, SEIU Local 1000 will require Ms. Noujaim to sign and return the attached Confidentiality, NonDisclosure Agreement prior to inspecting the Union's financial records. As you are aware, SEIU Local 1000 has a duty to protect the Union's assets from fraudulent activities, and its members and employees from identity theft. As a consequence, requiring a member to sign an agreement to not copy, disclose and/or publish confidential information (such as bank account numbers, routing numbers, member and employee addresses and telephone numbers, social security numbers, and similar confidential and private data) is a reasonable and prudent means of safeguarding this confidential information from non-members.

JIM HARD
Vice President for Organizing/Representation

KATHLEEN B. COLLINS
Vice President for Bargaining

This applies with particular force in Ms. Noujaim's case. As you may be aware, Ms. Noujaim appeared at SEIU Local 1000's offices on May 10, 2011, demanding to inspect documents despite SEIU's prior notice that she could not be accommodated on that date. Furthermore, a man with a video camera (who refused to identify himself) accompanied Ms. Noujaim. In the process Ms. Noujaim's SERVICE EMPLOYEES associate recorded members of SEIU's clerical staff without their consent. INTERNATIONAL UNION Although the unidentified man agreed to switch-off the video camera, Ms. Noujaim became agitated and treated staff discourteously when reminded that she did not have an appointment. Thus, Ms. Noujaim's behaviour places SEIU on notice that 1808 14th Street she intends to record confidential information, bring third parties to the inspection, Sacramento, CA 95811 and likely intends to publish confidential and private information. The enclosed Agreement is intended to safeguard SEIU from these behaviors while honoring Ms. (916) 554-1200 Noujaim's statutory right to inspect the financial records.
(866) 471-SEIU (7348) (916) 554-1275 (fax) INVI/W.seiu IOOO.org

Steven Bassoff Page 2 May 19,2011

Please return a signed copy of the Agreement to me no later than June 2, 2011. If Ms. Noujaim fails to return the signed Agreement by June 2, 2011, it will result in SEIU postponing Ms. Noujaim's inspection of SEIU's accounting records. Very truly yours,

PAUL E. HARRIS, III Chief Counsel SEIU Local 1000

PEH:sm

X:lActing

Chief CounsellNoujaim

Accounts

Reviewls bassoff 5.19.11.docx

CONFIDENTIALITY NON-DISCLOSURE AGREEMENT BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 AND MARIAM NOUJAIM

This Confidentiality, Non-Disclosure Agreement ("Agreement") is entered into by and between Service Employees International Union, Local Ifh'O, 180814th Street, Sacramento, California 95811, hereinafter referred to as "SEIU," and Mariam Noujaim, hereinafter referred to as "Noujaim." Whereas, it is understood that SEIU will make available for inspection accounting and bank records that may contain confidential and private information (hereafter, "Records"), including but not limited to bank account numbers, bank routing numbers, member and employee home addresses and telephone numbers, social security numbers, and other similarly confidential information. Whereas, the disclosure to third parties of confidential information pertaining to bank accounts and other financial records places SEIU,its employees and members, at risk of the identity theft and other fraudulent means of obtaining money, assets, or other property owned or held by SEIU. To ensure the

protection of such confidential and private information from disclosure to unauthorized third parties, it is agreed that: 1. Noujaim agrees to not disclose and/ or publish the confidential and private

information contained in the Records to any person. Noujaim understands that any unauthorized disclosure of any confidential information derived from her inspection of the Records is a material breach of this agreement.

2.

Noujaim agrees that she may not bring and/ or use any electronic recording

device, (including but not limited to video cameras, scanners, copying machines, digital cameras, cell phones equipped however, with a camera, etc.) to the records Noujaim from taking of

inspection. handwritten

This provision, notes during

does not prohibit

the inspection

that do not involve transcription

confidential, private information. 3. Noujaim understands and agrees that she shall not be accompanied by any

other person during her inspection of the Records. 4. Noujaim understands and agrees that during her inspection of the Records, selected by SEIU. The SEIU

she shall be monitored representative

by an SEIU representative

shall at all times during the inspection be in possession, custody

and control of the Records. 5. Noujaim understands and agrees compliance with the terms and conditions

of this Agreement are a condition precedent to Noujaim's access to and inspection of the Records. WHEREFORE, understand forth herein. Mariam Noujaim By: (signature) Mariam Noujaim Title:. _ _ Service Employees International Union, Local 1000 By: (signature) Paul E. Harris III Title: Chief Counsel the parties acknowledge that they have read and

this Agreement and voluntarily

accept the terms and obligations set

EXHIBITK

Law Office of Steven B. Bassoff
1:220 S Street, Suite 100 Sacramento, California 9,")811-71 :38 916-+±8-7:317 FAX 916--1:48-7:3.)7

May 27, 2011 Paul Harris, III Chief Counsel SEIU Local 1000 1808 14thStreet Sacramento, CA 95811

By fax: 916-554-1292

Re: Mariam Noujaim Request to Inspect Accounting Books Dear Mr. Harris: This responds to your letter of May 19,2011. I met with Ms. Noujaim and she is not going to sign the Confidentiality Agreement that accompanied your letter. I am not aware of any provision of the Corporations Code that requires a member to sign a confidentiality agreement when reviewing records pursuant to her statutory right to review those records. If you can point me to something in the Corporations Code that permits a confidentiality agreement I will be glad to review it with Ms. Noujaim. Otherwise, this appears to be another attempt by SEIU Local 1000 to prevent Ms. Noujaim from reviewing the accounting records. Ms. Noujaim expects to review the records on June 7, 2011 as previously agreed.

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