- Alpha Phi Alpha Fraternity, Incorporated Board of Directors
- United States of America
Brothers of Alpha Phi Alpha Fraternity, Inc. according to the Constitution and By- Laws of Alpha Phi Alpha Fraternity, Inc.
Article I: Section 6 Removal of Elective Officers- Elected officers of all units of the General Organization are subject to removal from office for, violation of his oath of office, the Constitution, the Standing Orders and other such rules and regulations of the fraternity, malfeasance, or participation in any criminal or civil action that puts the fraternity at risk.
According to the Merriam- Webster Dictionary , Malfeasance shall be defined as the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust).
Furthermore, based on the Internal Revenue Code section 501(c)(7) prohibits exemption if any part of the organization’s net earnings inures to the benefit of any person having a personal and private interest in the organization’s activities.
Due to the recent string of allegations against the Office of the 33rd General President regarding violations of his fiduciary responsibilities, primarily in regards to excessive spending and/or authorization of expenditures in excess of General Convention approved Budgets, this petition is being humbly and regrettably submitted.
Examples of documented infractions:
The Fraternity purchased publications for resale from a publishing company, Destiny Publishing, which is owned by the wife of the General President of the Fraternity who is the author of the publications. Payments for these purchases totaled $2,200 in 2010 and $12,000 in 2009. Total sales by the Fraternity of the publications for the two years were $3,590. Inventory of the publications at December 31, 2010 was valued at $10,610. No disclosure of the conflicts of interest was provided to the Board (2010 Draft Audit, Related Party Transactions, Pg. 10)
Several instances of personal use of the corporate credit card. The Credit Card Use Procedures specifically states there should be no personal use of the credit card by anyone. (2010 Draft Audit, Related Party Transactions, Pg. 9)
During the business session at the Southwestern Regional Convention on March 9, 2012 the 33rd General President confirmed the following:
- Spending $12K without the BOD knowing, on his book that was published through his wife's publishing company.
- Spending $9k on his kids tuition on the corporate card, due to taking over 300 days of leave and Morehouse docking his pay.
Likewise, the 33rd General President in attendance at each of the following Regional convention openly addressed questions that offered admissions to his carelessness in adhering to the rules and regulations such that in session on April 22, 2012, in Las Vegas, Nevada, at the conclusion of the Western Region Convention the Board of Directors suspend the 33rd General President for a period of 60 days for infractions of the fraternity’s rules and regulations and ordered financial restitution in the amount of $24, 322. 79 based on initial investigative findings.
Conversely, in an effort to avoid further scrutiny of the Office of the General President through the potential return of the 33rd General President to his position under the provision given in Article IV General Offices Section 3 – Election Procedure Item 3. 6 which states:
In the event of the incapacity or the inability of the General President to serve, a special ad hoc committee composed of Past General Presidents, convened upon the notice to them for such purpose by the Executive Director, shall have the authority to determine from amongst the Regional Vice Presidents who shall serve as Acting General President of the Fraternity UNTIL THE INCAPACITY OR INABILITY OF THE GENERAL PRESIDENT IS REMOVED, or until his successor is elected and qualified. Such appointment shall in no case extend beyond the next succeeding General Convention.
Subsequently, in accordance with the Official Regulations & Governing Policy Guidance of Alpha Phi Alpha Fraternity, Inc Section X: Discipline 10.6. The procedure for removal of any officer of any unit of the General Organization shall be via a recall election; held immediately upon petition by two-thirds the NUMBER of the members casting votes in the election of the officer.
In the 33rd General President Election 6,231 Brothers VOTED, hence two-thirds of that number will require approximately 4200 signatures from FINANCIAL Brothers in order to effectively petition for action on the part of the Board of Directors in accordance with Article V: Section 2 Duties and Responsibilities of the Board of Directors:
2.3 The Board of Directors shall take such action between sessions of the General Convention as will most effectively ensure the financial integrity and best interests of the Fraternity.