Case # 12023 Francisco Donaruma vs. Pawel Knapik (Knapik vs Donaruma Trial held concurrently)

Trial Board convened two times for this case as follows:

Monday, September 18, 2023: Trial Board meeting (at Local 802) was called to order at 10:28 am by Trial Board Chair, Susan Lorentsen. Trial Board members present: Javier Gándara, Diva Goodfriend-Koven, Bill Hayes, Aaron Korn, Susan Lorentsen, Warren Odze, Zsaz Rutkowski, Allison Seidner, Dan Willis. (Adjourned 12:55pm)

Tuesday, September 26, 2023: Trial Board meeting (on Zoom) was called to order at 2pm by Trial Board Chair, Susan Lorentsen. Trial Board members present: Javier Gándara, Diva Goodfriend-Koven, Bill Hayes, Aaron Korn, Susan Lorentsen, Zsaz Rutkowski, Allison Seidner, Dan Willis. (Adjourned 2:55pm)

Defendant Knapik was charged with violation of Local 802 Bylaws Article IV, Section 1 (gg) to commit any act tending to injure the reputation of a fellow member in relation to his/her calling as a musician and Article IV Section 1 (ii) to commit any act of bad faith or unfair dealing which has for its purpose the injuring of the Local or any of its officers or members, or the American Federation of Musicians, its locals or the officers and members thereof, respecting the affairs and welfare of the Local or the American Federation of Musicians or any of its affiliated locals, or respecting in general the welfare of the musical profession.

Plaintiff and Defendant were in attendance to introduce the case and present evidence and testimony; there were no additional witnesses.

Defendant Knapik was found guilty as charged in regard to Article IV, Section 1 (gg); and was found not guilty in regard to Article IV, section 1 (ii). The vote was unanimous.

Defendant Knapik is ordered to send a written apology to Donaruma as follows:

I, Pawel Knapik, apologize to Francisco Donaruma for committing an act that tended to injure Francisco Donaruma’s reputation in relation to his calling as a musician. (Local 802 Bylaws: Article IV, Section 1 (gg)).

I was wrong to disseminate disparaging comments about a fellow musician spoken to me in a private conversation. Although I do not agree with these comments, I was in error to share them.

I will send a copy of this apology to everyone who received my original email (16 individuals). I will send the apology letters via email as well as via the USPS. On each of these 16 emails I will CC Local 802 Recording Vice President, Harvey Mars and Susan Lorentsen, Trial Board, Chair.

These emails and letters must be sent by October 16, 2023.

Case # 22023 Pawel Knapik vs. Francisco Donaruma (Donaruma vs Knapik held concurrently)

Board convened two times for this case as follows:

Monday, September 18, 2023:

Board meeting (at Local 802) was called to order at 10:28 am by Board Chair, Susan Lorentsen.

Board members present: Javier Gándara, Diva Goodfriend-Koven, Bill Hayes, Aaron Korn, Susan Lorentsen, Warren Odze, Zsaz Rutkowski, Allison Seidner, Dan Willis. (Adjourned 12:55pm)

Tuesday, September 26, 2023:

Board meeting (on Zoom) was called to order at 2pm by Board Chair, Susan Lorentsen.

Board members present: Javier Gándara, Diva Goodfriend-Koven, Bill Hayes, Aaron Korn, Susan Lorentsen, Zsaz Rutkowski, Allison Seidner, Dan Willis. (Absent: Warren Odze)(Adjourned 2:55pm)

Defendant Donaruma charged with a violation of Local 802 Bylaws Article IV, Section 1 (gg) to commit any act tending to injure the reputation of a fellow member in relation to his/her calling as a musician; Article IV Section 1 (ii) to commit any act of bad faith or unfair dealing which has for its purpose the injuring of the Local or any of its officers or members, or the American Federation of Musicians, its locals or the officers and members thereof, respecting the affairs and welfare of the Local or the American Federation of Musicians or any of its affiliated locals, or respecting in general the welfare of the musical profession.

Plaintiff and Defendant were in attendance to introduce the case and present evidence and testimony; there were no additional witnesses.

Defendant Donaruma was found not guilty of violation of Bylaws Article IV, Section 1 (gg) and Article IV, Section 1 (ii). The vote was unanimous.