Meeting called to order at 1 p.m. Present were Trial Board members Goletz, Hood, Ray, Roberts, Schwartz and Singer. Absent were members Koch, Lambert and Rojas.

Case #928. Plaintiff William Dennison appeared before the board, on behalf of Local 802, to present charges against the defendant, member Ben Stivers. Member Stivers was charged with violating and disobeying

Local 802 bylaws Article IV, Section 1, Paragraphs (i),(t) and Article IX, Subdivision 1, Paragraph C, relating to the programming of virtual orchestra devices to be used in Broadway productions without contacting Local 802, despite Local 802 leadership’s direct instructions to do so as printed in the January 2003 issue of Allegro, and for failing to report this work or file a contract for any of this work.

The Trial Board found and concluded by unanimous vote that member Stivers had violated Article IV, Section 1, Paragraphs (i),(t) and Article IX, Subdivision 1, Paragraph C, and ordered the defendant to be reprimanded for his actions, and further that a penalty of expulsion from the AFM and a fine of $500 be held in abeyance pending member Stiver’s future compliance with all regulations, orders, and bylaws of the AFM and Local 802.

Case #927. Plaintiff William Dennison appeared before the board, on behalf of Local 802, to present charges against the defendant, member Steve Withers. Member Withers was accompanied by his employer, Brett Sommer of Music Arts Technologies, a company responsible for the creation of virtual orchestra productions for certain producers and members of the League of American Theatres and Producers. It was charged that in or around the months of September 2002 and through March 2003 member Withers helped program a virtual orchestra device to be used in the Broadway production of “42nd Street” at the Ford Center Theatre, and that on or about Thursday, Feb. 27, 2003 between the hours of 1 p.m. and 5 p.m., and again on Thursday, March 7, 2003 between the hours of 1 p.m. and 5 p.m. Withers participated in the utilization of this virtual orchestra to take the place of musicians performing at that same production. Member Withers was charged with violating and disobeying Local 802 bylaws Article IV, Section 1, Paragraphs (i),(t) and Article IX, Subdivision 1, Paragraph C, relating to his programming of, and participation in the utilization of, virtual orchestra devices to be used in Broadway productions without contacting Local 802 despite Local 802 leadership’s direct instructions to do so as printed in the January 2003 issue of Allegro, and for failing to report this work or file a contract for any of this work.

The Trial Board found and concluded by unanimous vote that member Withers had violated Article IV, Section 1, Paragraphs (i),(t) and Article IX, Subdivision 1, Paragraph C, and ordered the defendant to be reprimanded for his actions, and that he be penalized with expulsion from Local 802 and ordered to pay a fine of $5,000.

Meeting adjourned at 3:30 p.m.