Case 1:90-cv-05722-RMB-THK Document 1414

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------UNITED STATES OF AMERICA, Plaintiff, v. 90 Civ. 5722 (RMB) DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et al., Defendant. ------------------------------------------------------------I, JAMES P. NOONAN, declare as follows: 1. I am currently a duly-elected delegate member of Local 157 of the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America. (Hereinafter the District Council) I was first designated a Shop Steward in 1993. 2. This declaration is submitted in support of my application for an Order reversing and overruling the application of Dennis M. Walsh, Review Officer (Hereinafter RO) requested in his Letter and Findings dated September 24, 2013, to solicit new and additional candidate petitions and re-set the special election schedule for Executive Secretary-Treasurer. Exhibit 1.This motion is also submitted in support of my application for an Order approving and permitting my candidacy and permitting me to run along with other approved candidate(s) for the position of Executive SecretaryTreasurer (Hereinafter EST), restoring my name to the ballot and otherwise permitting this election process to proceed on a schedule to be set by this Court. DECLARATION OF JAMES P. NOONAN

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3. The District Council is affiliated and operates under the national United Brotherhood of Carpenters and Joiners of America. (Hereinafter the UBC) The District Council has its own Revised By-Laws dated August 5, 2011, a copy of which is annexed as Exhibit 2. Similarly, the UBC has a Constitution, a copy of which is annexed as Exhibit 3. 4. By Order dated August 15, 2013, this Court approved the request of the Review Officer Dennis M. Walsh to suspend certain election rules and proceed with an expedited schedule to fill the vacancy of the position of EST according to a plan and schedule set forth in his Letter dated August 14, 2013, a copy of which is annexed as Exhibit 4. The position of Executive Secretary-Treasurer is defined in By-Laws of the District Council. The EST position officially became vacant upon the veto by the RO of the past EST, Michael Bilello which this Court upheld by Order dated August 5, 2013. Currently, pending the results of a new election, Stephen McGinnis holds the position as Executive Secretary-Treasurer Pro Tem. 5. Upon publication of the Courts Order scheduling this special election, I and my supporters circulated a copy of the nominating petition. Exhibit 5 I obtained and submitted signed nominating petitions containing over 150 names and addresses of members in good standing to the RO by the date proscribed. I was then advised by the RO that my petitions were reviewed and found acceptable, permitting me to proceed to the next step towards review and a vote by the members of the District Council. 6. On September 19, 2013, I met with the RO at his office. I had advised the RO in advance that I would be appearing for the interview in the company of my brother, Michael J. Noonan, Esq. an attorney admitted to practice in New York State and also

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admitted to practice in the United States District Court, Southern District of New York. The RO had no objection to his appearance during the interview. 7. During the interview I was asked, agreed and declared that all my answers would be truthful. In response to questions, I expressed my motivation for running for this position, my understanding of the responsibilities of the office of EST as defined and detailed in the By-Laws, Code of Ethics as well as the additional provisions agreed to by the EST, Pro Tem. I explained that I was prepared to commit the time necessary to this position, that I would regularly consult with the staff, the Delegates and would keep the RO apprised of all matters about which he was entitled to receive notice. 8. By Letter and Findings dated September 24, 2013 the RO made a finding that the five prospective candidates for EST were all members in good standing eligible to run for office pursuant to Section 31.D of the Constitution of the UBC. Nevertheless, the RO did not approve my candidacy. Having only approved of one candidate, the RO asked the consent of this Court to re-set the election schedule, allowing for additional candidate petitions to be prepared and submitted and then re-setting the election schedule. 9. By Letter dated September 25, 2013, I requested that I be provided the opportunity to appear to be heard to object to the ROs disapproval of my candidacy for the office of Executive Secretary-Treasurer and to be allowed the chance to state my case for approval. 10. On September 26, 2013 this Court endorsed my letter to provide: The Court would prefer any written responses to RO Letter & Findings by Oct. 10, 2013. RO may reply by Oct. 17, 2013. Oral presentations on Oct 23, 2013 @ 11:00. This endorsement also provided that same schedule applies to all candidates. Exhibit 6

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11. I have advised the other candidates of this this Courts schedule should any of them wish to submit their own written responses to this Court. 12. I am one of many brother members of the District Council who applaud the work of the US Attorneys office as well as the efforts of the RO Dennis M. Walsh to rid our union of criminal influences and corruption. 13. In this regard, I believe the RO would agree that in his dealings with our union, I have been found to be free of any claims or any history of criminal influences or corruption of the union or its members. I believe the ROs own review permitting me to run for the position of delegate is evidence of his opinion that I am free of such a history. Nevertheless, Mr. Walsh stated in his Letter and Findings dated September 24, 2013 that he believes I do not match his own, undefined view of the qualification, experience or training needed to permit me to be considered qualified for the position of EST. I respectfully submit that his veto goes beyond his authority under the law. Such a judgment and choice is best left to a democratic election process by which members of the District Council can choose who to elect. 14. To the extent that the RO faults my suggestion that I would seek the guidance or counsel of family members including my brother who appears as my attorney in this matter, certainly this Court should find that the dedicated confidential advice of counsel to assist me in avoiding any oversights or pitfalls would be a beneficial thing. As with all counsel or professionals I might consult should I be elected, they will all be subject to Conflicts-of-Interests screening. 15. I am mindful of the provision under the Stipulation and Order dated

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