Tag: termination

Why the Bernie Sanders campaign probably has a solid case against the DNC

Although I am not an attorney, having read the lawsuit filed by the Bernie Sanders presidential campaign against the Democratic National Committee (DNC) over the ongoing voter list controversy, it’s pretty clear to me that the DNC and their voter list vendor did not follow proper procedure for dealing with the breach of the DNC master voter list.

Paragraph 13 of the lawsuit (pages 3-4) quotes part of the agreement that the Bernie campaign signed with the voter list vendor:

In view of the national political importance of the Campaign — and by extension, the importance of the Voter Data and the Agreement — the Agreement substantially restricts both Parties’ rights of termination to cases of prolonged and voluntary breach. The Agreement states, in relevant part:

Either party may terminate this Agreement in the event that the other party breaches this Agreement; the non-breaching party sends written notice to the breaching party describing the breach, and the breaching party does not cure the breach to the satisfaction of the non-breaching party within ten (10) calendar days following its receipt of such notice.

That is a very important part of the Bernie campaign’s argument, since this is clearly a contract law case.

Paragraph 14 (page 4) describes how what was outlined in Paragraph 13 is the only legal method of stripping the Bernie campaign of access to the voter list:

The Agreement does not permit either Party to suspend its performance of the Agreement prior to terminating the Agreement in accordance with the provision above.

In other words, the only way that the DNC and their vendor can legally deny Bernie access to the voter files is through the ten-day process described in Paragraph 13.

Paragraphs 20-22 (page 5) describes the glitch in the voter list database that allowed the breach to take place:

On the morning of December 16, 2015, NGP VAN released a modification (the “Release”) to the software that the Campaign and other candidates use to access Voter Data.

This Release contained a critical security flaw (the “Bug”) that allowed the Campaign and other presidential candidates to view Confidential Information disclosed by competing campaigns.

The Bug was resolved within approximately four hours, by the afternoon of December 16, 2015.

Paragraph 24 (page 6) outlines the Bernie campaign’s role as the breaching party:

Before the Bug could be resolved, several staff members of the Campaign accessed and viewed Confidential Information (the “Disclosed Information”) disclosed to the DNC by the 2016 campaign of Democratic presidential candidate Hillary Clinton (the “Competing Campaign”).

Paragraph 27 (page 6) describes the DNC’s violation of the contract between the vendor and the Bernie campaign:

On December 17, 2015, at approximately 2:47 p.m., the DNC suspended or terminated the Campaign’s Voter Data access. The suspension or termination of the Campaign’s access was undertaken without contractual cause, and in contravention of the Agreement’s termination protocols.

To put that another way, the DNC suspended the Bernie campaign’s access to the master voter list only one day after the breach occurred, and without following the ten-day process for terminating the contract outlined in the contract between the Bernie campaign and the voter list vendor. I’m not an attorney, but this looks like a solid case for the Bernie campaign.

Ending workplace discrimination against LGBT people should be the next fight in the LGBT rights movement

Thanks to a 5-4 U.S. Supreme Court decision issued earlier today, same-sex couples across the entire United States of America can now enjoy the same legal right to marry that heterosexual couples have long enjoyed. To put it mildly, this is a huge victory for love and equality in America.

However, in 32 states, some, if not all, LGBT workers, can legally be fired simply because of their sexual orientation and/or gender identity:

  • In 21 states (Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, Nebraska, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming), all workers can be fired on the basis of sexual orientation and/or gender identity.
  • In 3 states (Arizona, Missouri, and Montana), state employees cannot be fired on the basis of sexual orientation, but state employees can be fired on the basis of gender identity, and private-sector workers can be fired on the basis of sexual orientation and/or gender identity.
  • In 5 states (Idaho, Kentucky, Michigan, Pennsylvania, and Ohio), state employees cannot be fired on the basis of sexual orientation and/or gender identity, but private-sector workers can be fired on the basis of sexual orientation and/or gender identity.
  • In 2 states (New Hampshire and Wisconsin), all workers cannot be fired on the basis of sexual orientation, but all workers can be fired on the basis of gender identity.
  • In 1 state (New York), state employees cannot be fired on the basis of sexual orientation and/or gender identity, and private-sector workers cannot be fired on the basis of sexual orientation, but private-sector workers can be fired on the basis of gender identity.

If the source I linked to above has inaccurate and/or outdated information, please leave a comment on this blog post with accurate information for a particular state.

While it is a huge victory for the LGBT movement to secure marriage equality in all 50 states, the fight for full equality for gays, lesbians, bisexual people, and transgender people is far from over. The next big fight in the LGBT rights movement should be to push for laws prohibiting public and private employers from firing people based on sexual orientation and/or gender identity.

Rahm Emanuel crony George Cardenas allegedly had public employees campaign for him on city time

In addition to an ongoing federal criminal investigation, Chicago (IL) Alderman George Cardenas of the 12th Ward, a close ally of embattled Chicago Mayor Rahm Emanuel, is now facing a lawsuit in the Cook County state circuit court from Maria Chavez, a City of Chicago employee who was terminated after she reported Cardenas’s use of city property and employees to campaign for re-election to law enforcement.

Here’s the details of why Cardenas is under federal criminal investigation from the state lawsuit filed against him by Chavez (Chavez is identified by her first name, Maria, in the lawsuit):

12. Throughout her employment with the City of Chicago at the 12th Ward Public Service Office, Maria received multiple positive employment reviews as well as letters of appreciation from local citizens, non-profit organizations and businesses for her efforts for the citizens of the 12th Ward.

13.  During the course of the February 2011 Municipal General Election, in which citizens of the City of Chicago elect municipal officers including Mayor, Clerk, Treasurer and Alderman, the City of Chicago’s Office of the Legislative Inspector General received complaints against Cardenas related to allegations that Cardenas was using city property, namely the 12th Ward Public Service Office, and city employees, namely the 12th Ward Public Service Office’s employees, to gather registered voters’ signatures and notarize petition sheets seeking the nomination of Cardenas as 12th Ward Alderman.

14. The City’s Legislative Inspector General’s Office interviewed most but not all of the 12th Ward Public Service Office’s employees.  News of the investigation became publically known in mid-2013 through news and radio media reports.

If it is true that George Cardenas used city property and employees for his re-election campaign in violation of federal, state, and/or local laws, than Chavez did the right thing by reporting that to the authorities and Chavez should end his re-election campaign and resign from the Chicago City Council immediately. In any case, voters in the 12th Ward of Chicago should vote for Pete DeMay, Cardenas’s opponent, in the upcoming city council election. DeMay will fight to rebuild Chicago’s middle class.