porzio - the Saddle River Republican Club!
Transcription
porzio - the Saddle River Republican Club!
PORZIO BROMBERG&NEWMAN P.C. ATTORNEYS AT LAW MORRISTOWNNJ • NEW YORK NY • PRINCETON NJ • WESTBOROUGH MA Brian P. Sharkey Member, NJ and NY Bars Direct Dial No.: 973-889-4314 E-mail Address: bpsharkey@pbnlaw.com March 8, 2013 VIA ELECTRONIC MAIL ATTORNEY-CLIENT PRIVILEGE/WORK PRODUCT/CONFIDENTIAL George Kakaty, President Saddle River Republican Club PO Box 698 Saddle River, NJ 07458 Re: Saddle River Republican Club Dear Mr. Kakaty: My office has been retained by the Saddle River Republican Club ("SRRC") to provide advice about a number of campaign finance and related issues. Please consider this to be our report containing our analysis of those issues. Executive Summary Amy Fisher, Past President of the SRRC and an Ex-Officio member of the SRRC's Board of Trustees ("Board"), circulated a communication to some - but not all - members of the SRRC (and possibly non-members of the SRRC) that urged them to vote for the "Slate for Change" at the SRRC's Annual Meeting. The "Slate for Change" was not the slate of candidates that was proposed and recommended by the Board's Nominating Committee. On February 9, 2013, Robert Yudin, the Chairman of the Bergen County Republican Organization ("BCRO"), sent George Kakaty, the President of the SRRC, an e-mail that contained the following message: "George: I have read the document from Amy Fisher. I urge you to postpone Tuesday's meeting. It is imperative that we have an attorney, who is grounded in Elect, law, look at the document and issue an opinion as to whether any violations have been committed." (emphasis added) We have analyzed the governing campaign finance laws and the regulations of the New Jersey Election Law Enforcement Commission ("ELEC") and determined that Ms. Fisher's communication did not violate them. However, it is our opinion that Ms. Fisher's use of the name "Saddle River Republican Club" and a logo that bears striking similarities to the SRRC's official logo is an infringement of the SRRC's intellectual property rights in itsname and logo. 100 SOUTHGATE PARKWAY, P.O. BOX 1997 MORPJSTOWN, NJ 07962-1997 TELEPHONE (973) 538-4006 FAX (973) 538-5146 2341938 www.pbnlaw.com March 8, 2013 PORZIO Page2 BROMBERG&NEWMAN EC. ATTORNEYS AT LAW We have also examined a communication that Corinne Kerner, a Board Trustee and Membership Chairperson, sent, in her official SRRC position, to at least one non-member that included a SRRC Membership Application, along with the Annual Meeting Notice and "[a] flyer on our 'Slate for Change' so that you can get to know the alternate officers that we will propose", (emphasis added) It is our opinion that when Ms. Kelner sends official SRRC forms and materials in her role as Membership Chairperson of the Board (or when any other SRRC Board member does so in his/her official SRRC role), sheshould not endorse or support a slate of candidates that has notbeen proposed by and recommended by the Board's Nominating Committee, as explained morefullybelow. Factual Background The SRRC is a continuing political committee registered with ELEC. The SRRC's objectives, as provided in its Bylaws (which are available on the SRRC's website), are to: "a) foster, advance and inculcate theprinciples and doctrines of the Republican Party; b) work for its principles, doctrines and candidates; c) promote civic welfare and better government; d) encourage, endorse and advance the candidacy of such candidates for public office as may be acceptable to the membership of the Club and the Republican Party, and e) initiate such action, in keeping with the foregoing, in the best interest of the Borough of Saddle River, New Jersey." {See Article Two of Bylaws). The SRRC's Annual Meeting was scheduled for February 12, 2013. At that meeting, Officers and Trustees of the SRRC were to be elected. The Nominating Committee of the SRRC's Board proposed and recommended the following slate of candidates: Andy Gatto for President; Joanne Kakaty for Vice President; Tim Luing for Treasurer; Liz Salazar for Secretary, and Warren Boardman and Jerry DeCrosta for Trustees. By letter dated February 10, 2013, Mr. Kakaty postponed the Annual Meeting that had been scheduled for February 12. (See Mr. Kakaty's Letter, attached hereto as Exhibit A). Mr. Kakaty postponed the meeting because he was informed by the BCRO that a communication written and distributed by Ms. Fisher, Past President ofthe SRRC and an Ex-Officio member ofthe Board, "may be in violation of the rules and regulations of the Election Law Enforcement Commission (ELEC)." (See Exhibit A). The purpose of the adjournment was to allow time for legal counsel to analyze Ms. Fisher's communication and advise the SRRC concerning any potential ELEC violations. (See Exhibit A). Moreover, it is our understanding that several members of the SRRC expressed concern and confusion about Ms. Fisher's logo to Board members with respect to whether Ms. Fisher's communication was an official SRRC communication, which further supports the decision to adjourn the meeting. The communication by Ms. Fisher that led to the adjournment of the Annual Meeting is three pages long. (See Ms. Fisher's Communication, attached hereto as Exhibit B). The first page is titled, "Saddle River Republican Elections." This page discusses events and developments in Saddle River and urges SRRC members to vote for "THE SLATE FOR CHANGE - THE SLATE WE NEED." 2341938 March 8, 2013 PORZIO BROMBERG&NEWMAN P.C. ATTORNEYS AT LAW The "Slate for Change" includes Ms. Fisher for President, Eric Jensen for Vice President, Tara Maw for Treasurer, Paul Schulstad for Secretary, Bill Slayne for Trustee, and Ron Gray for Trustee. The first page of Ms. Fisher's communication alsoprovides information about joiningthe SRRC, attending the annual meeting, and voting for the "Slate for Change." Also on page 1 is a logo, titled "SADDLE RIVER REPUBLICAN CLUB". Page 2 of Ms. Fisher's communication is titled, "MORE ON 'THE SLATE FOR CHANGE - THE SLATE WE NEED.'" This page provides biographical information about Ms. Fisher, Mr. Jensen, Ms. Maw, Mr. Schulstad, Mr. Slayne, and Mr. Gray. The third page of Ms. Fisher's communication is a 2013 Membership Application to join the SRRC. It is unclear to whom exactly Ms. Fisher distributed her communication; however, it is our understanding that it was provided to some - butnot all - existing members of the SRRC, and it mayhave been provided to nonmembers of the SRRC. (It is logical to conclude that Ms. Fisher shared her flyer with non-members because page 1 of the flyer has a section titled, "JOIN", that encourages the reader of the flyer tojoin the SRRC, and thethird pageof the flyer is the 2013 Membership Application.) As noted previously, Mr. Kakaty adjourned the Annual Meeting because of a communication he received from the BRCO and in the wake of confusion about Ms. Fisher's communication that was expressed by SRRC members to the Board. That BRCO communication was from Mr. Yudin, Chairman-BCRO. On February 9, 2013, Mr. Yudin sent Mr. Kakaty an e-mail that contained the following message: "George: I have read the document from Amy Fisher. I urge you to postpone Tuesday's meeting. It is imperative that we have an attorney, who is grounded in Elect, law, look at the document and issue an opinion as to whether any violations have been committed." (See Mr. Yudin's February 9,2013, E-Mail, attached hereto as Exhibit C). Another issue that has been brought to our attention is that Ms. Kerner, a Board Trustee and Membership Chairperson, has sent to at least one non-member a SRRC Membership Application, along with the Annual Meeting Notice and "[a] flyer on our 'Slate for Change' so that you can get to know the alternate officers that we will propose". (See Ms. Kerner's February 4, 2013, E-Mail, attached hereto as Exhibit D). ELEC Issues By way of background, ELEC was established in 1973 and administers a number of laws, including The New Jersey Campaign Contributions and Expenditures Reporting Act, The Gubernatorial, Legislative Disclosure Statement Act, Legislative and Governmental Process Activities Disclosure Act, and their implementing regulations. Under the governing statutory law, NJ.S.A. 19:44A-3n, a continuing political committee "means any group of two or more persons acting jointly, or any corporation, partnership, or any other incorporated or unincorporated association, including a political club, political action committee, civic association or other organization, which in any calendar year contributes or expects to contribute at least $ 2,500.00 to the aid or promotion of the candidacy of an individual, or of the candidacies of 2341938 March 8,2013 PORZIO Page4 BROMBERG&NEWMAN P.O. ATTORNEYS AT LAW individuals, for elective public office, or the passage or defeat of a public question or public questions, and which may be expected to make contributions toward such aid or promotion or passage or defeat during a subsequent election, provided that the group, corporation, partnership, association or other organization has been determined to be a continuing political committee under subsection b. of section 8 of P.L.I973, c.83 (C.19:44A-8) provided that for the purposes of this act, the term "continuing political committee" shall not include a "political party committee," as defined by subsection p. of this section, or a "legislative leadership committee," as defined by subsection s. of this section." (See also N.J.A.C. 19:25-1.7). The SRRC is registered with ELEC as a continuing political committee. Because it is a continuing political committee, there are several requirements that govern the SRRC's ability to receive contributions and to make expenditures, including contributions to candidate committees, political committees, legislative leadership committees, state political party committees, country political party committees, municipal political party committees, and other continuing political committee. It is not necessary to detail all of ELEC's requirements because they are not relevant to the primary issue presented; namely, whether Ms. Fisher's communication violated any campaign finance laws or ELEC regulations. Based on our review of Ms. Fisher's communication and the governing statutory provisions and regulations, it is our opinion that neither Ms. Fisher nor the SRRC violated ELEC because of Ms. Fisher's flyer. Most significantly, although Ms. Fisher used a logo in her flyer that bears striking similarities to the official SRRC logo, which is further addressed below, she was not acting with the authorization of the SRRC and, accordingly, her actions cannot be imputed to the SRRC, nor will her actions expose the SRRC to liability under the governing laws and ELEC regulations, which are primarily focused on public elections as opposed to internal elections for board positions of clubs and committees like the SRRC. You have also brought to our attention another ELEC-related issue that is completely distinct from the matter of Ms. Fisher's communication. Specifically, you have asked whether your February 10, 2013, letter adjourning the meeting scheduled for February 12, 2013, violated ELEC's political identification requirements. Based on our review of your letter, as well as the pertinent ELEC regulations, see N.J.A.C. 19:25-13.2, it is our opinion that your letter did not violate the regulations. Moreover, our opinion is buttressed by my discussions with ELEC's Compliance Division, which confirmed that thepolitical identification requirements do notapply to internal communications within a club like the SRRC. Intellectual Property Issues As noted previously, the logo that Ms. Fisher included on page 1 of her flyer bears a striking similarity to the SRRC's official logo and adopts the name "Saddle River Republican Club" that is indistinguishable from the SRRC's name. Although it is our opinion that Ms. Fisher's flyer did not violate campaign finance laws or ELEC regulations, it is our opinion that her use of that logo and name 2341938 March 8, 2013 PORZIO BROMBERG&NEWMAN EC. ATTORNEYS AT LAW "Saddle River Republican Club" is an infringement of the SRRC's intellectual property rights in its name and logo. A comparison of Ms. Fisher's logo with the SRRC's official logo, coupled with adopting the same name, demonstrates that her logo clearly had the capacity to confuse both members of the SRRC and non-members as to whether her logo was in fact the official SRRC logo, such that her communication was sent onbehalf of and with the permission of the SRRC. In that regard, both logos have a small image of the Official Elephant Logo of the Republican Party, with the top half of the elephant in blue with three white stars, and the bottom part of the elephant in red. In both logos, the elephant has a circle around it - in the SRRC logo, it is athinbluecircle with two stars just outside the circle, while Ms. Fisher's logo has athicker blue circle that contains stars inside the circle. Both logos also have the same wording: SADDLE RIVER REPUBLICAN CLUB. In the official SRRC logo, the words SADDLE RIVER are in blue and the words REPUBLICAN CLUB are in red. In Ms. Fisher's logo, the words SADDLE RIVER are in red and the words REPUBLICAN CLUB are in blue. The size, shape, format, and color scheme of Ms. Fisher's logo are all similar to and appear to be based on the SRRC official logo, with only slight alterations. While Ms. Fisher could try and claim fair use of the Elephant design, her logo appears to have been created to cause confusion among members and potential members of the SRRC, and that is where a claim arises. It is our understanding that several members of the SRRC expressed concern and confusion about Ms. Fisher's logo to Board members with respect to whether Ms. Fisher's communication was an official SRRC communication. This is evidence of actual confusion and makes the claim stronger. It is also my understanding that the SRRC did not provide authorization or permission to Ms. Fisher to utilize the logo that is included on her flyer. The SRRC official logo is a famous and well-known trademark of the SRRC in Saddle River and the surrounding geographical area. We believe that a majority of SRRC members, as well as non- members, could believe that Ms. Fisher's logo was either the official SRRC logo or somehow associated with the SRRC, such that her communication would have been an official SRRC communication. Accordingly, Ms. Fisher's use of the logo amounts to trademark infringement under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), as well as false advertising and unfair competition for which the SRRC could assert causes of action against Ms. Fisher and seek to hold her legally liable. In addition to potentially pursuing legal action, we also believe that the SRRC would be justified in sending acease-and-desist letter to Ms. Fisher, assuming that her conduct has continued. 2341938 March 8, 2013 Page 6 BROMBERG&NEWMAN P.O. ATTORNEYS AT LAW Ms. Kerner's February 4.2013 E-Mail Finally, we have been asked to address a somewhat related issue involving potential confusion caused by the e-mail that Ms. Kerner sent to a non-member on February 4,2013. (See Exhibit D)1. (It is not known how many other similar messages Ms. Kerner sent to current SRRC members or prospective SRRC members.) As noted previously, Ms. Kerner is a Board Trustee and Membership Chairperson. Ms. Kerner attaches three things to her e-mail to the non-member: "1. The 2013 Membership Application[;] 2. The annual meeting notice that the club sent out in Saturday's mail[;] 3. A flyer on our *Slate for Change' so that you can get to know the alternate officers that we will proposef.]" (emphasis added). Ms. Kerner concludes the message by explaining that there is no absentee voting. Under her name at the conclusion of the message is her title: Membership Chairperson. To be clear, Ms. Kerner's e-mail does not violate the SRRC's intellectual property rights. However, her use of her SRRC title in the e-mail, along with the inclusion about "our Slate for Change" that 4twe" (emphasis added) will be proposing can certainly be considered confusing for the reader of the message. In that regard, because the e-mail is coming from Ms. Kerner in her official SRRC position, a reader could be led to believe that the "Slate for Change" is, in fact, the SRRCendorsed slate of candidates, orotherwise approved by or endorsed bysome part ofthe Board. When Ms. Kelner sends official SRRC forms and materials in her role as Membership Chairperson of the Board, she should refrain from endorsing or supporting a slate of candidates that has not been proposed by and recommended by the Board's Nominating Committee. Based on the materials and information that we have been provided with, there is no basis for the SRRC to pursue a legal action against Ms. Kerner. Nonetheless, it is necessary to highlight two provisions ofthe Bylaws for consideration by the SRRC. The first is Article 5, Section 5e, which states: "Any member of an appointed committee who shall be charged with negligence in the performance oftheir duties may be removed by the President, with the advice and consent of the Board[.]" The second is Article Three, Section 5, which outlines the procedure for the expulsion of aSRRC member. Under that provision^ the Board may propose membership revocation ofamember, by a vote ofthree-fourths ofits members, for any act or conduct of a member that "in the opinion of the [Board] ... is inconsistent with the purposes and best interests of the Club." Whether the Board and its members choose to invoke these provisions with respect to Ms. Kerner's e-mail is a matter explicitly left to the discretion of the President and Board. Therecipient's identity has been redacted to protect his/her privacy. 2341938 March 8, 2013 PORZIO BROMBERG&NEWMAN P.C. ATTORNEYS AT LAW Thank you for your attention to this matter and please feel free to contact me to discuss these issues. Very truly you Brian P. Sharkey 2341938 EXHIBIT A No one togged tn. Home About SRRC Officers Contact Us Calendar My Account E-mail Candidates SRRC Meeting Postponed 11-Fet>-2013 SRRC MEETING POSTPONED February 10,2013 Dear Club Members: Ihave been informed by the BergenCountyRepublican Organization (BCRO) thatthe lettermany of you have receivedand written by Amy Fisher. Past President of the SRRC, may be in violationof the rules and regulationsof the Election Law Enforcement Commission (ELEC). Any violation of ELEC rules putsthe Clubat risk. Therefore, it is my obligation as President of the Clubto postpone the meeting scheduled for February 12, until such time that we have legal counsel thoroughly reviewthis matterto assess the Club's exposure. We have begun the process to engage counsel and, after consulting withthe BCRO,we anticipate that the legalreviewshould be completed withinthirty days. Accordingly, we have tentatively set the new meeting date as March 12, but of course we will confirm this date and notice you in advance. Going forward, please note that onlymailings bearing the official SRRC logoand signed by its current President are official notices from the Club. Any othercorrespondence is not sanctioned by the Clubthrough itsbylaws. Iapologize for any Inconvenience butitis imperative thatwe takethis precautionary step to protect the Club against any potential liability. Sincerely, George J. Kakaty President The Saddle River Republican Club Saddle River Republican Club PO Box 698 Saddle River, NJ 07458 www.saddleriverreDublicanclub.com Lite Be the first ofyour Mends tolike this. Comment Wm this helpful? No <"<*<? r Namo (optional) Wtbitto (optional) r very Tweet <|0 EXHIBIT B SADDLE RIVER I What: Annual Election of Club Officers I When: Tuesday, February 12th at 7:00pm I I Where: Town Hall REPUBLICAN CLUB ! PLEASE ATTEND AND VOTE FOR THIS SLATE At primary and general election time, Saddle River voters typically have no choice of candidates for local office. There is usually just one person on the ballot, a Republican endorsed by the Saddle River Republican Club (the "SRRC"). It is obvious then that proper governance of our town must begin within the SRRC. Unfortunately, in recent years our local government has become less inclusive and less representative of residents' views as evidenced by the controversial cell tower, the contested Town ordinances and the widely opposed new Borough Hall proposal. • Why? The key governance positions in town, including SRRC leadership, have been systematically filled with people who unquestionably support one view - the Mayor's. Today, many residents believe Saddle River is going in the wrong direction and that new proposals not necessarily embraced by residents -- the new Borough Hall, town rezoning, tree preservation, Marker House purchase, Rindlaub fieldhouse and museum upgrades, fire house expansion and many other projects - will continue to be steamrolled through the approval process because the Town Council does not listen to residents or say "no" to the Mayor. Domination of a town's politics by one individual or one view over time rarely results in good policy. Saddle River deserves choices of candidates for all governing positions, including the SRRC, and those candidates must truly serve our residents. The Slate For Change - The Slate We Need Amy Fisher - President Eric Jensen - Vice President Tara Maw - Treasurer Paul Schulstad - Secretary Bill Slayne-Trustee Ron Gray - Trustee WHAT TO DO? JOIN - the SRRC. All registered Republicans are welcome, but your form and dues must be received by mail by Thursday, February 7th in order to vote at the February 12lh meeting. ATTEND - the SRRC meeting Tuesday, February 12 at 7:00pm. VOTE - for the "Slate For Change". Change is needed; new opinions must be heard. MAKE YOUR OPINIONS COUNT CONTACT - Amy Fisher, eb4blues@aol.com VOTE FOR CHANGE or (201) 519-5540 for more information. MORE ON "THE SLATE FOR CHANGE - THE SLATEWE NEED" Amv Hsher.President: Amy is a 27 yearresidentof SaddleRiver and a 17 yearmember of the SRRC She isthe club's current Past President and former Vice President,Treasurer, Secretary and County Committee member. She is also a founder ofthe Committee of Concerned Saddle RiverTaxpayers. Amy has been active in the Valley Hospital Auxiliary for15years, serving on bothlocal andcentral boards, andis a memberof the Saddle River Valley Club. She also served on the board of trustees of the Wandell Education Foundation. A graduate of the University of Maine, Amy enjoyed a careerin advertising, marketing and public relations, firstat Dancer Fitzgerald Sampleand culminating with a seniormanagement position at the TrumpOrganization. Amy is nowthe host of a top-rated alternativedrive-timeradioprogram in the NYMetro area.Amy and her husband Andrewarethe proud parents of Samantha, a freshman at Northern Highlands,and Max, a 7th grader at Ho-Ho-Kus Elementary School. Eric Jensen. Vice President: Eric is a 20 year resident of Saddle River.Eric joined the SRRC as a new resident and has served as President, vice President, Treasurer, Trustee, County Committee member and MunicipalChairman. He alsoserved on the Saddle RiverPlanning Board for 12 years, including2 years as Chairman. Hehas volunteered with variouslocalorganizationsand has contributed his technical expertise and resourcesto help improve the computer systems used at localschools. Eric grew up in Lancaster, PAand studied Electrical Engineering and Computer Science at Duke University.He previouslyworked for the FuquaSchool of Business at Dukeand a number of software development firms before founding Jensen Research Corporation in 1985. Tara Maw. Treasurer: Tara was raised in the Saddle RiverValley and settled here permanently with her family 9 yearsago.Tara has been active Inthe Valley Hospital Auxiliary servingas Treasurer, Administrative Vice President and co-chairof the Saddle RiverValley Branch. She was a trustee and served as Treasurer on the Boardof the Wandell School Education Foundation. While at Georgetown University, Tara interned with Congresswoman Marge Roukema. After college, Tara became a CPAand spent 8 years in PublicAccounting at PricewaterhouseCoopers LLP. Currently,Tara is acting CFO for a financial consortium. She has also been CFO of BrokerTec Global, LLC, a broker dealer, and CFO for Lortng Ward Group Inc,a wealth and life management services firm. Taraand her husband Bill have two sons, ages 11 and 9. Paul Schulstad. Secretary: Paulis a 10 year resident of Saddle River.He is a founder of the Committee of Concerned Saddle RiverTaxpayers and has been a leader in the fight against Mayor Raia'snew building proposals. Paul holds a Ph.D. in Economics from the Massachusetts Institute ofTechnology. He is the founder of STO Capital Management, LLC, an investment partnership that specializes in deep value and event driven investing. Before founding STO, he was a senior research analyst at Ramius CapitalGroup specializingin merger arbitrage. Pauland his wife Jennifer are the proud parents of two girls - one currently attending Wandell and one future student BillSlavne. Trustee: Bill is a 14 year resident of Saddle River. Bill is a former County Committee member and is looking forward to serving as a Trustee. Bill grew up In RIdgewood and graduated from Bergen Catholic High School and the University of Delaware. He is currently a Managing Directorand Senior Portfolio Manager at FirstRepublic Investment Management in New York. He and his wife Tracy have three young daughters, two at Wandell Elementary and one at EricSmith Middle School. Ron Gray.Trustee: Ron is a 10 year resident of Saddle River and 27 year resident of Bergen County. He Isa founder of the Committee of Concerned Saddle RiverTaxpayers. Ron is a frequent attendee and participant at Town Council, Planning Board and Board of Education meetings. Ron holds a Juris Doctorate and has post graduate certification from the Wharton School of Business for mergers and acquisitions and the National Institute of Trial Advocacy. He currently is a legal executive with Citibank and previously was a Managing Counsel with American Express. In those roles Ron has managed complex legal and business issues and budgets exceeding $40M. He and hiswife Linda are very active in the Saddle River community and are the proud parents of Kendal and Ronnie who are presently in third and first grade at Wandell Elementary. Pleaseattend the annualmeeting at Town Hall on Tuesday. February 12*h at 7pm. where members willvote for the 2013 SRRC officers. These officers shape the club and influence who will be nominatedfor the two Town Council Seats up for election this year. With your help, within Just a few months. Saddle River could be well on its way back toward a small, unobtrusive government that respects its citizens. Saddle River Republican Club 2013 Membership Application Member Names: T«..»iu>Tiu»c- MnnQMOiraa AddfI Members: Street Address: KvnuKwr.v Citv, Mute, 2Spi_ Home Phone: Call Phone: Emalll' EmaJ)2* •Vr-CH au iHrw ncaK ^ cjwru«rj<tKe. Coui)lt>S30 Sr«dMdial-S20 Addttwrwl to?iM> Members (i»*yri} Sli fnfr/Mtctf sngtftiog mora ftivtrfwaf? J/fity htdStomt a cwwnfltw? . . PrTRjK'ns fump*^ We5>srt«/bod«j M*d« , . Meir.ten&iifl Finance Get OutAnd Vote >Oun£ltcfu<b!UrW<» <1B<- yri} Ikc.ia&i KtipubScans •*T«tS" (<llt vrs) Return wcllralfon an Saddle River RapuMlcan Club PX>.B0X*9S SjKidlc River, W 07456 (S«CMeml*Mhi|» is January 1 • 0«t*mbw 31.2013) EXHIBIT C From: YUDIN'S [mailto:yudins@att.net] Sent: Saturday, February 09, 2013 10:06 AM To: George Kakaty Subject: S.R.R.C. meeting George: I have read the document from Amy Fisher. I urge you to postpone Tuesday's meeting. It is imperative that we have an attorney, who is grounded in Elect, law, look at the document and issue an opinion as to whether any violations have been committed. Robert B. Yudin Chairman-BCRO ^ Yudin's 378 Main Street Wyckoff, NJ 07481 201-891-3111 EXHIBIT D From: Corinne Kerner <ckerner2@me.com> Subject: SRRC Forms Date: February 4,2013 434:47 PM EST To: • 3 Attachments, 1.4 MB Thanks very i things: 'for your call today and for renewing your membership" addle River Republican Club. Attached are three 1. Thtf2013 Membership AppBcation 2. The annual meeting notice that the club Sent out in Saturday's mail yA flyer on our "Slate for Change" so that you can get to know the alternate officersthat we will propose Unfortunatelythere is no absentee voting at the club, so p.ease do come to the meeting on Tuesday ^^^ «»7pT ^ \ Thanks agalnT Corinne Kerner Membership Chairperson Ceil 917-921-8455 ckemer2@me.com