NOTE: The Executive Board did not meet on Dec. 1 or Dec. 29.

TUESDAY, NOVEMBER 24, 2009

Meeting called to order at 11:15 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Norrell, Rizzo, Roach and Jazz Advisory Committee Liaison Owens. President Landolfi excused for jury duty service. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed the minutes of November 10, 2009. Motion made and carried unanimously to approve the minutes as amended.

Dennison requested that the February membership meeting be set for February 17, 2010 at 5 p.m. Motion made and carried unanimously to approve the request.

Dennison requested affirmation of the phone poll unanimously approving a new agreement covering musicians who perform in “Tony and Tina’s Wedding.” Motion made and carried unanimously to affirm the phone poll.

Dennison requested affirmation of a phone poll unanimously approving use of public service scale for a performance by the Brooklyn Philharmonic at an interfaith concert of remembrance. Motion made and carried unanimously to affirm the phone poll.

Dennison requested affirmation of a phone poll approving payment of an invoice from Attorney Jennik in the amount of $2,800 for legal services related to the Local 802 officers’ election and her service as parliamentarian at the October membership meeting. Opposed: Schwartz. Motion made and carried unanimously to affirm the phone poll.

Blumenthal requested approval of a standard 3 percent annual increase for a staff member. Motion made and carried unanimously to approve the request.

Financial Vice President Blumenthal reported on a computer vendor that was offering a discount to members through a link on the Local 802 Web site. Discussion held.

Blumenthal reported on a proposed change in staff assignments including a 5 percent salary increase for a staff member with an increased workload. Motion made and carried unanimously to approve the proposed change and 5 percent salary increase.

Blumenthal requested approval of Christmas bonuses for staff, other building employees and some vendors in the total amount of $9,306, which was the same amount as was paid for bonuses in prior years. Motion made and carried unanimously to approve the request.

Counsel Mars present. Blumenthal distributed a “Conflicts Policy” covering full time officers and members of the Local 802 Executive Board. Motion made and carried unanimously to adopt the “Conflicts Policy” as amended.

Blumenthal distributed a proposed “Reporting Ethical and Legal Concerns Policy” covering full time officers and members of the Local 802 Executive Board. Motion made and carried unanimously to adopt the “Reporting Ethical and Legal Concerns Policy” as amended.

Blumenthal distributed a proposed “Document Retention and Destruction Policy” covering full time officers and members of the Local 802 Executive Board. Burridge excused at 12:55 p.m. Motion made and carried unanimously to adopt the “Document Retention and Destruction Policy” as amended.

Discussion held on a disclaimer statement covering a proposed offering on the 802 Web site from a computer vendor offering a discount to members through a link on the Local 802 Web site.

Mars reported on the status of discussions with the Village Light Opera Guild.

Comptroller Goldman appeared before the Board and presented the September 2009 financials, October 2009 financials and the January to October 2009 financials. Discussion held. Goldman excused.

Assistant to the President LeFevre appeared before the Board and requested payment of $300 for a training class for Organizer Friedman, which payment was to be submitted to the CAC. Motion made and carried unanimously to approve the request.

Blumenthal requested approval of a budget for the annual holiday party of up to $5,000. Motion made and carried unanimously to approve the request.

Meeting adjourned at 1:40 p.m.

TUESDAY, DECEMBER 8, 2009

Meeting called to order at 12:15 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Rizzo, Schaffner and Jazz Advisory Committee Liaison Owens. President Landolfi excused for jury duty service. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed the minutes of November 24, 2009. Motion made and carried unanimously to approve the minutes as amended.

Jazz Advisory Committee Liaison Owens excused. Dennison presented an agreement with Jay-Oh Productions, Inc. (Jimmy Owens). Motion made and carried unanimously to approve the agreement. Owens present.

Dennison requested payment of Local 802’s annual dues of $300 to the NY Committee on Occupational Safety and Health. Motion made and carried unanimously to approve the request.

Dennison requested a contribution to the NY Health Care for All Campaign in the amount of $375. Motion made and carried unanimously to approve the request.

Dennison requested a contribution of $100 to the American Guild of Musical Artists Relief Fund. Motion made and carried unanimously to approve the request.

Concert Representative Fisher spoke to the Board by conference call and requested purchase of a one-half page ad at a cost of $110 in a fund raising journal in support of the Oratorio Society of Queens. Motion made and carried unanimously to approve the request.

Fisher reported on a request from the NY Gay Men’s Chorus that they be allowed to perform 3 services in one day. Motion made and carried unanimously to waive the prohibition against 3 services in one day on a one-time non-precedential basis.

Fisher reported on a request from Long Island Masterworks, Inc. for permission to record an upcoming concert for archival and grant-writing purposes only. Motion made and carried unanimously to approve the request provided that an archival recording agreement is signed by the responsible party who shall assume all liabilities associated with any use of the recording.

Fisher presented a request from the Center for Contemporary Opera for a one time waiver of the contract provision requiring the offer of first refusal to roster members based solely on the specialized nature of the ensemble of actor/musicians employed in an upcoming production of “The Curious Case of Benjamin Button.” Motion made and carried unanimously to approve the request on a one-time non-precedential basis. Fisher excused.

Motion made and carried unanimously to approve expenditure of up to $150 for a plaque thanking retiring President Landolfi.

Blumenthal requested affirmation of a phone poll denying a request from President elect Tino Gagliardi and Vice President John O’Connor that they be invited to observe all upcoming meetings of the currently serving Executive Board. Opposed: Dennison, Fein, Giannini, Norrell, Rizzo, Roach and Schaffner. Motion made and carried unanimously to affirm the phone poll.

Blumenthal requested approval of the expenditure of up to $5,500 in additional costs for a computer server needed for completion of the union’s new software package. Purchase of the server had been approved as part of the overall budget for the software upgrade, however the cost of the server had increased. (See minutes of November 25, 2008 and December 16, 2008.) Blumenthal reported that he had spoken with President elect Gagliardi and Vice President elect O’Connor who had agreed that the expenditure was appropriate and needed to complete the software upgrade. Motion made and carried unanimously to approve the request.

Counsel Mars spoke to the Board by conference call and reviewed a settlement offer received from D’Addario & Company, Inc. regarding threatened legal action based on an article in Allegro about the company’s dispute with the International Association of Machinists. Motion made and carried unanimously to approve a counterproposal to the D’Addario & Company settlement offer and that Mars forward that counterproposal to D’Addario.

Discussion held on various allegations made against candidates during the recent Local 802 officers’ election, some of which if true, could place Local 802, its officers and legal counsel in legal jeopardy. Motion made and carried unanimously to summon Board member Schwartz to be present at the December 15, 2009 Board meeting and present any and all actual evidence supporting alleged accusations of criminal activity against the Board, against the Levy-Ratner law firm and against Concerned Musicians of Local 802 made by Schwartz in his November 2009 e-mails and/or web postings to the membership of Local 802.

Board member Norrell present at 2:10 p.m. Motion made and carried unanimously to summon Board member Burridge to be present at the December 15, 2009 Board meeting and present all actual evidence supporting alleged accusations of criminal activity made against the Board, against an employer and against Concerned Musicians of Local 802 in November 2009 e-mails and/or web postings to the membership of Local 802 signed by Burridge and others. Burridge recused.

Meeting adjourned 2:25 p.m.

TUESDAY, DECEMBER 15, 2009

Meeting called to order at 11:15 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Rizzo, Roach, Schwartz and Jazz Advisory Committee Liaison Owens. President Landolfi excused for jury duty service. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed the minutes of December 8, 2009. Motion made and carried unanimously to approve the minutes as amended. Opposed: Rizzo

Dennison requested affirmation of a phone poll approving a member’s medical leave from Radio City Music Hall Orchestra beyond the contractually allowed period. The phone poll was unanimous. Motion made and carried unanimously to affirm the phone poll.

Dennison distributed memos prepared by President Landolfi and sent to president-elect Gagliardi outlining the various duties of her office, meetings that have been scheduled involving the president’s office, contract expiration dates that will take place during the next year involving employers handled by the president’s office, the status of various grievance issues, potential settlements and pending legal bills, all in preparation for the transition to a new administration.

Dennison distributed materials prepared by Levy-Ratner and sent to Martin F. Scheinman, the Arbitrator hearing the charges filed against the officers and Executive Board by member David Finck. Dennison distributed a letter sent to President Landolfi by RMA International President Phil Ayling. Discussion held.

Blumenthal distributed two new membership card/invoice designs to be utilized in future membership mailings. Motion made and carried unanimously that both forms were acceptable.

Blumenthal reported on a phone poll approving a settlement agreement with D’Addario & Company. (See minutes of December 8, 2009.) Opposed: Rizzo. Motion made and carried unanimously to affirm the phone poll.

Blumenthal distributed a revised version of the letter from D’Addario & Company to the editor of Allegro that is part of the settlement agreement. Motion made and carried unanimously to approve the revised version of the letter that was to be published in Allegro.

Discussion held on payments owed to musicians performing in “Shrek: the Musical” under the terms of the AFM electronic promotional agreement and the Local 802/League media agreement, during which discussion it was noted that the employer had emailed its acceptance of the agreement in February of 2009, that despite multiple attempts by both Local 802 and the AFM to obtain payment, such payment was not forthcoming and that a grievance had been initiated against the Broadway League. It was also noted that the AFM agreement did not contain an arbitration clause, that a civil suit would likely be necessary to collect the money due musicians and that the show was scheduled to close January 3, 2010.

Blumenthal requested payment of an invoice from Counsel Jennick in the amount of $1,675 for services rendered in regard to the recent Local 802 officers’ election and as per the terms of the retainer agreement with Jennick. (See minutes of September 29, 2009.)

Blumenthal reported on legal bills received from Cohen, Weiss and Simon LLP for services rendered to the NY Philharmonic Orchestra and from Schwarzwald, McNair & Fusco LLP for services rendered to the Metropolitan Opera Orchestra.

Motion made and defeated to permit Burridge and Schwartz to have counsel present during a discussion of the Board’s prior requests that they submit evidence regarding any alleged accusations of criminal activity against the Board, against the Levy-Ratner law firm, against an employer and against Concerned Musicians of Local 802. Opposed: Dennison, Fein, Giannini, Johansen, Roach, Rizzo and Schaffner. Discussion held.

Board member Schwartz read a statement regarding the request for evidence of any criminal activity as alleged in the communication signed by him and sent to the membership in November 2009 during which Schwartz stated that he had no evidence but that he had the right to express his opinion. Discussion held.

Board member Burridge pointed out that the letter signed by him contained no allegation of criminal activity by an employer and Local 802. Burridge also stated that the other document he was asked to respond to was issued by the Members Party and therefore he took no responsibility for its contents.

Board member Norrell present at 2:10 p.m. Discussion held. Motion made and seconded that the minutes shall reflect that no evidence was presented by either Schwartz or Burridge regarding the allegations of criminal activity. Discussion held.

Motion made and seconded that the prior motion be amended to read as follows: The minutes shall reflect that no evidence was presented by either Schwartz or Burridge regarding the allegations of criminal activity and that no further action on the matter is required. Opposed: Schwartz.

Original motion as amended passed. Opposed: Burridge and Schwartz.

Meeting adjourned at 2:25 p.m.

TUESDAY, DECEMBER 22, 2009

Meeting called to order at 11:20 a.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Rizzo, Roach, Schwartz and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed the minutes of December 15, 2009.

Motion made and carried to approve the minutes as amended. Opposed: Burridge and Schwartz.

Landolfi distributed a settlement agreement with DreamWorks resolving a dispute over payment for the promotional use of cast album tracks from the Broadway production of “Shrek the Musical.” Motion made and carried unanimously to approve the settlement agreement.

Landolfi distributed the third in a series of transition memos prepared for the incoming administration regarding the matters being handled by the president’s office. (See minutes of December 15, 2009.)

Motion made and carried unanimously to affirm a phone poll approving the change in signatories on the 802 accounts. The phone poll was unanimous.

Blumenthal reported on a request from the Mayor’s office regarding an upcoming performance by the Queens Symphony at Mayor Bloomberg’s inauguration on January 1, 2010. Discussion held.

Public Relations and Political Action Director Molloy appeared before the Board and presented a request from the Songs of Love Foundation. Discussion held.

Molloy requested a contribution to the political action committee of Congressman Jerrold Nadler in the amount of $250 from TEMPO 802. Motion made and carried unanimously to approve the request.

Molloy requested a contribution to the political action committee of NY State Senator Eric Schneiderman in the amount of $250 from TEMPO 802. Motion made and carried unanimously to approve the request. Molloy excused.

Principal Recording Representative Sheldon appeared before the Board and requested that the pension contributions required under the terms of the Limited Pressing and Demonstration Recording Agreements be increased to 11 percent effective December 22, 2009 through January 31, 2010 to comply with similar AFM promulgated agreements. Motion made and carried unanimously to approve the request.

Meeting adjourned at 12:33 p.m.