Petition to Place Motions of Agenda of June 7th, 2009 Special Membership Meeting

Pursuant to Article IV, Section 3 of the NDC by-laws, the following members put forth a motion to be added to the agenda of the special meeting to be held on June 7, 2009:

Whereas,

I. Article V, Section 4, paragraph 7 of the NDC by-laws states that “[the board shall] At all times keep the membership fully informed of the facts pertaining to the operation of the affairs of the Corporation and fully advise the membership of matters which have an important bearing upon the future operation of the affairs of the Corporation”;

II. The attached email message communicating the actions of the board was only transmitted to members after the previous general manager (Kareem) was locked out, the store was closed, and the contract was terminated;

III. The previous general manager, Kareem Kmaiha, says he can prove that he has worked with the New Deal Corporation in good faith by virtue of the fact that he can provide supporting documentation, including bank statements and receipts, showing that

a. He made at least $37,000 in capital improvements to the kitchen; b. He made timely payments of all other expenses related to the day-to-day operation of the business, including rent, utilities, taxes, and insurance; c. And, given the difficult economic realities of starting a business in the middle of an economic recession, he made reasonable efforts to pay down the debt of the New Deal Corporation, including at least $40,000 in direct payments to the New Deal Corporation in 2008;

IV. And, the previous manager yielded control of the bar to the New Deal Corporation in 2009, so that profit from the bar could be redirected towards paying down the debt of the New Deal Corporation;

We, the undersigned, move that

I. Kareem Kmaiha shall be temporarily reinstated as general manager for a period of 45 days (starting on June 7, 2009), under the terms of the contract or contracts between Kareem Kmaiha and the New Deal Corporation that were in effect as of April 30, 2009;

II. An election shall be held to form a special audit committee of five New Deal members;

III. The members of the audit committee shall be given access to all written contracts between Kareem Kmaiha and the New Deal Corporation that were ever entered into;

IV. The members of the audit committee shall review a. The above contracts (in Paragraph III); b. Any supporting documentation, including bank statements and receipts, that Kareem Kmaiha provides to the special audit committee within the next ten days (starting on June 7, 2009); c. And, any documentation that the current NDC board provides with the next ten days (starting on June 7, 2009);

V. The members of the special audit committee shall submit a report to a special meeting to be held 45 days from June 7, 2009. The purpose of this report shall be to evaluate the extent to which Kareem Kmaiha has abided by his previous contractual obligations with the New Deal Corporation (prior to the store closing in May 2009);

VI. And, in the above special meeting (to be held 45 days from June 7, 2009), the members shall be given the opportunity to debate and then cast a vote to determine whether Kareem Kmaiha should be offered the opportunity to enter into a new five-year contract with the New Deal Corporation under the terms of the contract or contracts between Kareem Kmaiha and the New Deal Corporation that were in effect as of April 30, 2009. This motion to extend such the offer shall pass provided that greater than 50% of the members present at the meeting vote in favor of the motion.

Richard McMullen
Lester Whitmer
Elizabeth Fitzmaurice
Alan Fitzmaurice
Tim Morgan
EarlKepler
Neil McConlogue
Joan Whelan
Stephen Holland
Tom Moran
John Drago
Laura Holman
Alexander Barnes, Sr.