Friday, December 31, 2010

"Binghamton Foundation is not a public entity." -- By What Authority?

"Binghamton Foundation is not a public entity."
    -- By What Authority?

There is little about any foundation
which can be considered "private"!

Foundations are organized as public charities
by both their state-sanction charters,
and also by federal tax law. 26 USC 501.

In NY, all corporate charters are issued
either jointly by the State Attorney General & Sec. of State,
and sometimes others, like the State Education Dept.

Here is a module I could teach @ Democracy School :)

Let's remember that
THE STATE creates corporations

breathes life into the lifeless fiction
this false person, this "corpus" (body)
through state action called the
Corporate Charter.


Let us also remember that
THE STATE is itself a corporation,
created by living compact
amongst living persons
We the People
to serve the public interest.

So what I want to know is this,
BY WHAT AUTHORITY
by what "just power"
by what slight-of-hand
by what Mandrake Mechanism

can OUR GOVERNMENT
(which is itself subject to Sunshine Laws,
Open Meetings, Open Records, etc)
Create a political subdivision
which is NOT subject to Sunshine and Service?

A: BY NO JUST AUTHORITY
   (only by usurped authority)

Our country was based on an egalitarian vision:
that all person are created equal,
each with certain natural rights.

And if government has any just powers,
they derive from the consent of the governed.
The Constitution and the Bill of Rights together
created a limited form of government,
which is designed to protect the rights of the common man.

Every corporation MUST serve the public interest.
We can demand no other alternative,
except to submit to tyranny.

Any corporation (public or private) which claims
to serve some other interests,
such as profits or distant stockholders
is claiming a stolen power issued by an illegitimate authority.

BH


On Fri, Dec 31, 2010 at 6:14 PM, kevin millar <kjmilow@yahoo.com> wrote:
I am quite sure that the " BU " property in question is owned by the Binghamton Foundation, not the University. A FOIL for info on that deal was denied about 2 months ago on the grounds that the Binghamton Foundation is not a public entity.
Kevin.

Binghamton Foundation website:
http://www2.binghamton.edu/giving/about-the-foundation/index.html

Board of Directors:
http://www2.binghamton.edu/giving/about-the-foundation/board-of-directors.html

Staff:
http://www2.binghamton.edu/giving/about-the-foundation/staff.html

--- On Fri, 12/31/10, Helen Holden <holden.slottje@gmail.com> wrote:

From: Helen Holden <holden.slottje@gmail.com>
Subject: Re: [NYRAD] question
To: nyrad@googlegroups.com
Date: Friday, December 31, 2010, 5:55 PM

Hi. David Slottje writing from Helen Slottje's computer. I don't remember the article, but try researching the "cy pres" legal doctrine...that might be what the court used to invalidate the school's attempted property disposition...


On Dec 31, 2010, at 4:51 PM, jlacreevy@aol.com wrote:

does anyone remember a news story that was heard on Democracy NOW a little over a year ago concerning a NYS college that had overreached its authority in raising money by use of land that was held in trust that had been donated to the college?
 
I've spent the afternoon searching the web, and i can't find it.  does anyone recollect the name of the college?
 
They were found to have handled their fiduciary responsibility inappropriately.
 
The subject comes to mind because of the story of BU possibly leasing large tracts of land for leasing.
 
This afternoon as I drove down Bunn Hill Rd., I happened to see a Chesapeake truck, an unusual sight in that area.
 
Does anyone remember the name  of the college?  Thanks


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William Huston            WilliamAHuston@gmail.com
Binghamton NY             Phone: 607-321-7846

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