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UNIA NEWS & VIEWS Issue #4 August 17th 2005.
D.C. DIVISION FOUNDER & OFFICERS CHARGE PRESIDENT-GENERAL WITH 4 COUNTS
1. Jurisdiction to file this grievance is pursuant to Article III section 24. of the General Laws of the Constitution and By-Laws (August 1929 of the World, with Amendments of 1938). "It shall be the duty of Presidents, officers and members of local Divisions having grievances against any representatives of the Parent Body to pursue the proper course provided by the Constitution and laid down in the General Laws." COUNT II (Identification of Parties) 2. Plaintiffs incorporate by reference paragraph 1 of Count I as if set forth in full herein. 3. Plaintiff, Ahmed Assalaam is a resident of the District of Columbia, an active member of Division # 330, and member of the UNIA & ACL since 1982. 4. Plaintiff, Kingsley I. Bryan is a resident of Clinton, Maryland, an active member of Division # 330, and member of the UNIA & ACL since 1982. 5. Plaintiff Mwariama Kamau is a resident of Oxun Hill, Maryland, an active member of Division # 330, and member of the UNIA & ACL since 1997. 6. Defendant, Redmond Battle is a resident of Philadelphia, Pennsylvania, an active member of Division # 121, and a member of the UNIA & ACL since 1986. 7. Defendant, Senghor Baye El is a resident of the District of Columbia, an active member of Division # 330, and a member of the UNIA & ACL since 1980. 8. Pursuant to Article III of the General Laws of the Constitution and By-Laws (August 1929 of the World, with Amendments of 1938), and, as illustrated by the caption, in December of 1999 plaintiffs Ahmed Assalaam, Kingsley I. Bryan, and Mwariama Kamau, via mail in ballot, were duly elected to four year terms which began January of 2000, as officers of Woodson Banneker Jackson Bey Division 330, in an election presided over by defendant Senghor Baye El. 9. Pursuant to Article III, Sections 1 and 2 of the Constitution of 1929; and Article II of the General Laws of the Constitution and By-Laws (August 1929 of the World, with Amendments of 1938), the above captioned plaintiffs duly hold three of the division’s four offices of Deputy to Convention, until their terms expire in July of 2008. 10. Pursuant to Article IV section 1. and, Article V sections 14. and 19. of the Constitution (August 1929 of the World), defendant Redmond Battle prior to the Convention of August 2004, served in the previous administration as Second Assistant President-General and High Chancellor. 11. Pursuant to Article IV section 1. and, Article V section 14. of the Constitution (August 1929 of the World), defendant Redmond Battle serves as President-General being elected at Convention fully assembled on August 26, 2004. 12. Pursuant to Article IV section 1. of the Constitution (August 1929 of the World), defendant Senghor Baye El serves as Third Assistant President-General being re-elected at Convention fully assembled on August 26, 2004. 13. Although not officially appointed pursuant to Article IV section 2. of the Constitution (August 1929 of the World), and Article III section 56. of the General Laws of the Constitution and By-Laws (August 1929 of the World, with Amendments of 1938), defendant Senghor Baye El through claims of "carryover" is acting in the capacity of District 3 Commissioner based upon a letter of appointment dated in the year 1993. COUNT III (Nature of Dispute) 14. Plaintiffs incorporate by reference paragraphs 2-13 of Count II as if set forth in full herein. 15. As the duly elected Officers of Division #330, plaintiffs have been hindered from performing their lawful duties of oversight and control over their local division through the insubordination; plotting; disrespect; malicious interference; and other unconstitutional acts of defendants personally advanced against them. 16. Plaintiffs have sought written and verbal redress through the Office of the President-General, the Executive Council, and on Convention floor, from both the recent past as well as current Parent Body administration, wherein no official action has been taken to put an end to the dispute. 17. In fact defendant Redmond Battle, current President-General, has aligned himself with defendant Senghor Baye El, in a malicious effort to violate plaintiff’s constitutional rights "under color of authority." 18. The past inaction of the President-General/Administrator and the Parent Body in this matter has left the defendants free to pursue their unlawful course of action whereby plaintiffs have been caused to suffer humiliation, ridicule, distrust of the members, further fostering a weakening of the consciousness of the newer members, splitting of the division‘s rank and file, and other various acts of treason to the Great Association and race. 19. It has further caused a new member of less than 6 months who was duly appointed as Co-Chair, to usurp all authority over the Special Elections Committee in complete disregard of the Senior Co-Chair, Oduno Tarik, inclusive of but not limited to acting as sole signatory and making unauthorized decisions upon the Orders of defendants Senghor Baye El and Redmond Battle (I.e., changing voting location, procedures, and qualifications). 20. Pursuant to Article III section 4. of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938), "the Male president shall be held responsible to the Convention…. for the constitutional workings of his division." Therefore, plaintiffs Ahmed Assalaam, Kingsley I. Bryan, and Mwariama Kamau, comes now forward with this official grievance before the Bar of the Convention. COUNT III (Statement of the Facts) 21. Plaintiffs incorporate by reference paragraphs 14-20 of Count III as if set forth in full herein. 22. Pursuant to Article III section 24. Of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938), "No officer…. or person sent to local Division shall treat with any unofficial member of that Division. Nor shall such person or persons make any statement or statements which may prove detrimental to the harmonious working of that Division, or which may tend to foster suspicion on any officer or officer of that Division…." 23. Contrary to paragraph 21. defendant Senghor Baye El acting under the assumed authority of District Commissioner and Third Assistant President-General, and sanctioned by defendant Redmond Battle acting under an assumption that the Constitution has delegated him with authority to usurp the Constitutional powers of plaintiffs, executed an unprecedented intervention in Divisional elections including but not limited to publication and circulation of written documents, with the intent to foster suspicion on plaintiffs in their official capacity and further create disharmony among the ranks. 24. This unprecedented intervention into the Constitutionally promulgated powers and authorities of plaintiffs responsibility to execute the Constitutional workings of the division, without sufficient evidence that plaintiffs have acted to the contrary, has caused a splitting of the general membership and more particularly among the newer members; an unapproved second polling place resulting in a second unapproved and unconstitutional election; and the unconstitutional installation of unqualified officers to the local division. 25. These acts by defendants were done contrary to Article VI section 2 of the Constitution (August 1929 of the World), illustrating the qualifications to hold high offices inclusive of a prescribed course of instruction, "and that only when the student graduates that he be allowed to represent the organization…" 26. These acts by defendants were done in further violation of Article III section 2b. of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938), whereas, "No two members of the same family shall at the same time hold offices of President, General Secretary, Treasurer, and Chairman of the Trustee Board in any Division or chapter of the Universal Negro Improvement Association." 27. Although not married by way of ceremony or state license, inasmuch as the unofficially and unconstitutionally elected President and Lady President are cohabitants in a common law relationship otherwise viewed as a marriage within the municipal boundaries and authority of the common law state of the District of Columbia, they are precluded by the Constitution from both holding the highest two offices within the Division. 28. These acts by defendants were also done contrary to Article III section 6 of the General Laws to the Constitution and By-Laws (August 1929 of the World with Amendments of 1938), wherein, "Vice-Presidents of the Male and Female divisions shall perform those duties assigned them by the Presidents of their respective divisions on the approval of the general membership, and the First Vice-Presidents shall perform the duties of the Presidents in their absence." [emphasis added] 29. The second unapproved divisional election orchestrated by defendants have resulted in the unprecedented and unconstitutional installation of a "President in Training," a female Vice President of the Males Division, as well as the unethical installation of a member of the Special Elections Committee to the high division office of 2nd Vice President through "sham and bogus." PLOTTING 30. Pursuant to Article III section 20 of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938), defendants Redmond Battle and Senghor Baye El have conspired "….with motives to create disharmony among the officers and members, and disturbing the peaceful and harmonious working of the Division…." by and through defendant Senghor Baye El who is also an unofficial member of the local Division. 31. As a member of the local division defendant Senghor Baye El is subject to the chartered jurisdiction of the Constitutionally promulgated powers and authority of the local Division officers, and he cannot arbitrarily supercede local authority in any open demonstration of a presumption that as a "Parent Body Officer" his ways and means are best in any act or acts constitutionally promulgated by the local division. 32. However, defendant Senghor Baye El has engaged in repeated unconstitutional acts of authority over the day to day operation of the business and affairs of the local division and particularly although not limited to, local division elections and the local establishment and oversight of a "Special Elections Committee." 33. These acts by verbal and written consent, or, by the consent of simple "inaction,’" have been duly sanctioned by defendant Redmond Battle, thereby creating among the general members a cloud of suspicion and confusion regarding operational standards and authority of the local Division. As a result, a nearly irreparable and certainly fatal split has occurred within the local division. 34. The plot began prior to local Division 330 elections of 1999 for officers of 2000, whereat the then duly elected Third Assistant President-General and member of the local division defendant Senghor Baye El, became the self appointed chair of the local elections committee, and openly stated at the local division’s regular business meeting that the members were not to follow the constitution of 1929 with amendments of 1938 because it was a "no good piece of paper" that had been overturned by a Special Constitutional Revision Committee. 35. This statement was made in response to plaintiff Ahmed Assalaam’s exercise of his "right to question" the candidacy for the position of Lady President of an "unqualified" person who had not paid dues or attended any business meetings ("Right to Question" pursuant to Article II section 55 of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938). 36. Although not limited to this particular incident, the plot has further been manifested by defendant Senghor Baye El attending a local division study group and speaking as a Parent Body Representative participating, encouraging, and authorizing the division to vote in support of appointing a local African Union Representative, and then discredit the action as an unauthorized assumption of Parent Body Authority at the 2004 Convention. 37. The plot to unconstitutionally control and usurp the powers and authorities of the local division has manifested itself through an unwarranted suspension of locally elected division officers without sufficient evidence to sustain any constitutional violation, or any constitutional precedent that would sufficiently justify their suspension; as well as an unwarranted suspension of local election procedures and a duly appointed local Special Elections Committee, by defendant Senghor Baye El while serving in the "Parent Body" capacity of the Third Assistant President-General and District Commissioner, with the specific approval of defendant Redmond Battle. 38. These acts of defendants are contrary to Article III section 11. of the General Laws to the Constitution and By-Laws (August 1929 of the World with Amendments of 1938), wherein "It shall be the prerogative of the Male President only to declare an office vacant on the breach of the Constitution by an officer, or discharge a committee or its Chairman." [emphasis added] DISRESPECT 39. Defendant Senghor Baye El and Redmond Battle have openly engaged in a deliberate effort to remove, silence or quell plaintiffs which have resulted in plaintiffs suffering repeated injury from their unconstitutional acts. 40. In an act of deliberate disrespect to the President and officers of Division 330, defendant Redmond Battle while serving as President-General, without prior notice to the local President as a matter of protocol and due consideration, and without the constitutional authority to so act, removed oversight of the "Official" website from Division 330 who had created it and was duly approved by majority vote at the 2000 International Convention fully assembled, to remain it’s custodial caregiver. 41. Aside from repeated challenge to local authority in local issues, without prior notice to the local President who was present during the occurrence, at an open community Kwanzaa program co-sponsored by Division 330, defendant Senghor Baye El under the stated authority of defendant Redmond Battle serving as President-General, circulated a letter suspending all division officers as of midnight on December 31, 2004, and placing all constitutional control over the business and affairs of the division under his direct jurisdiction. MALICIOUS INTERFERENCE 42. Aside from direct undocumented verbal statements of his intent to remove plaintiffs not only from office but also within the rank and file of the Great Association itself, based upon a grudge or grievance surrounding opposition votes and candidacy in the 2004 Parent Body Elections, defendant Redmond Battle has taken extreme and excessive measurers to carry out his unconstitutional agenda. 43. Pursuant to Article IV of the Constitution (August 1929 of the World), defendant Senghor Baye El through his repeated and malicious interference with the day to day conduct of the business and affairs of the local division while acting as Third Assistant President-General, has usurped the authority given to the Second Assistant President-General who is by right "the titular leader of American Negroes." 44. Defendant Senghor Baye El has repeatedly interfered with the duly appointed local Division 330 Special Elections Committee, thus causing a constant confusion and repeated delay in the execution of their specific duties and responsibilities as outlined in detail prior to their establishment by the duly elected President of the Division. 45. This repeated interference and delay of the duly promulgated election procedures was then used by both defendants as justification for suspending all offices and seizing jurisdictional control over the local division, without due consideration to the fact that said procedures had been duly voted upon and approved by the members at a duly noticed regular business meeting of the division, or that said notification of the procedures, date, time, and location of the division’s election had been officially forwarded in writing to the members. 46. In fact, on the day and date of the scheduled elections, defendant Redmond Battle acting as President-General, personally spoke with several members of the local division directing them to vote at a different unapproved polling location which was under the jurisdiction of defendant Senghor Baye El and his unapproved and newly established Elections Committee. 47. In the interim Oduno Tarik, Senior Co-Chair of the duly appointed Division 330 Special Elections Committee, who is also a UNIA elder as well as the Founder and Charter Member of Division 330, conducted official elections at the duly approved and noticed voting location wherein plaintiff Mwariama Kamau became the newly elected Division 330 President, plaintiff Kingsley I. Bryan was duly elected as Male 1st Vice President, and Mother Farika Buhane was duly elected as Lady President. 48. This authorized and duly approved polling location was also attended by Kalonji Olusegun, who had attended the previous business meeting where the vote was cast to approve the election procedures and polling location. 49. As a long time Trustee and Charter Member of Division 330, Kalonji Olusegun also cast his vote at the official elections presided over by Oduno Tarik. 50. On or about February 2, 2005, via Certified US mail, postage prepaid, defendant Redmond Battle by way of Secretary General Mary Botha, in a deliberate and malicious attempt to harass plaintiff Ahmed Assalaam, while addressing upon the face of the letter itself his personal home address, however, without adequate or reasonable provocation or justification for their unwarranted intrusion upon his personal life and affairs except to cause him further harm, sent the certified correspondence to plaintiff’s job with all of his names and aliases fixed upon the face of the envelop, therein informing plaintiff of the approval and installation of the unqualified and unconstitutionally elected officers of Division 330, and additionally issuing an unprecedented order for plaintiff to turn over all records, accounts, artifacts, and keys to a property lawfully acquired and held in trust by plaintiffs separate and apart from the division. TREASON 51. Defendants have deliberately and without right or authority, amended the Constitution and executed the enforcement thereof, contrary pursuant to Article I section 3. of the Constitution (August 1929 of the World), which states: "The Constitution shall only be amended at times when such amendment tend absolutely to the further interest of the Universal Negro Improvement Association and African Communities League and when carried by a two-thirds majority vote in Convention fully assembled." [emphasis added] 52. Further, defendants have deliberately and without right or authority, amended the Constitution and executed the enforcement thereof, contrary to the vote and decision of the 2004 International Convention fully assembled which set the matter of Constitutional Amendments for hearing and possible vote during the duly scheduled 2005 Constitutional Convention. 53. This action has resulted in enormous harm to the Great Association through a split in the ranks of Division 330 and disharmony among the various knowledgeable members in and outside of the division, under the egotistical auspices of absolute control without the benefit of established boundaries, thus dangerously leaving all others to the individual will and caprice of defendants varied interpretations of the Constitution which they eagerly expound according to their convenience. 54. The various acts of defendants have been done deliberately through the direct and indirect assistance of unknowing or unwilling participating members, and with the intent of bestowing upon themselves a decree granting unlimited authority without the possibility of any opposition thereto. 55. The various acts of defendants have violated the very spirit of the law handed down unto us over ninety years (90) ago by our founder the Right Excellent Marcus Mosiah Garvey, Amy Ashwood Garvey, Amy Jacques Garvey, all successive President-Generals, Parent Body Members, and pioneering General Members at home and abroad who sacrificed both life and limb for the implementation and preservation of the Greatest Modern Movement of African People Worldwide. COUNT IV (Claim for Relief) 56. Plaintiffs incorporate by reference paragraphs 20 - 55 of Count IV as if set forth in full herein. 57. WHEREAS, plaintiffs have sought repeated redress in person and by telephone from the current President-General, defendant Redmond Battle, who has issued no documentation that would give clarity to his true intent, as well as sought redress from the past and current Parent Body Members, who did not provide any minutes of convention, written reports of meetings or appointments to high office, or other vital documentation for nearly ten years, plaintiffs have filed this Grievance intending to fully prove before the Bar of the Convention through witness and written documentation the facts as presented herein, and respectfully request the following relief: 58. That this matter be forwarded to the 2005 Convention fully assembled and set for hearing before the "Bar of Convention" at 10 AM on the third (3rd) day of Convention, which shall be printed on the general order of proceedings for the Convention. 59. That Executive Council Order defendant Redmond Battle and defendant Senghor Baye to answer the Grievance setting forth their respective responses to the allegations contained herein, and deliver a copy of their answer to each plaintiff and to the Executive Council through the Office of the Secretary General no latter than April 15, 2005. 60. That the "Bar of Convention" issue a decree adjudging the elections held by plaintiffs as the duly approved Division 330 election authorized by the provisions of the Constitution. 61. That the "Bar of Convention" will issue a decree adjudging the elections held by defendants as "sham and bogus" and contrary to the provisions embodied in the Constitution of August 1929 with Amendments of 1938. 62. Initiate proceedings and impeach the President-General under a precedent to be established through his assumed duties of the Potentate and Supreme Deputy, who are impeachable pursuant to Article V section 4. of the Constitution (August 1929 of the World). 63. Immediately expel defendant Senghor Baye El from the Great Association pursuant to Article III section 20. of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938). 64. Immediately expel defendant Redmond Battle from the Great Association pursuant to Article III section 20. of the General Laws of the Constitution and By-Laws (August 1929 of the World with Amendments of 1938). 65. Plaintiffs seeks whatever other relief the "Bar of Convention" deems appropriate. Respectfully submitted; Ahmed Assalaam P.O. Box 63811 Washington, D.C. 20019 (202) 479-4107 Kingsley I. Bryan P.O. Box 63811 Washington, D.C. 20019 (301) 297-8467 Mwariama Kamau P.O. Box 63811 Washington, D.C. 20019 (202) 256-6380
UNIA NEWS & VIEWS Vol.1 |
