Public Meeting Regarding Citicorp and Travelers Group
Friday, June 26, 1998
Transcript of Panel Twenty-Five
612 20 MR. LONEY: Before we start the open 21 session, I would like to again claim the 22 prerogative of the chair for just a brief 23 moment, and I would like to thank personally, 24 and I think on behalf of the panel, the folks 25 from the Federal Reserve Bank of New York who . 613 1 2 have made this two days, day and a half, such a 3 seemless effort. 4 When something goes off as well as 5 this, you know there has been a lot of hard 6 work put in and good work put in. As the lady 7 said before, it's good to be able to sleep. 8 Well, this has been a great aid to us and helps 9 me relax an awful lot over the last day and a 10 half of the work that's been done here and the 11 results of that work. So for those of you out 12 there and back here, thank you very much. 13 We have some people who have asked to 14 speak on the open mike. We have a panel of six 15 that we have put together; actually, one person 16 is here that was scheduled from an earlier 17 session and we have just added him to the 18 panel. 19 The people are Gerry Vazquez, Amos 20 Brown, Charles Siegel, Pam Martens, Galen 21 Sherwin and Carol Lin. 22 Since Ms. Martens, Ms. Sherwin and 23 Ms. Lin want to go together, why don't we start 24 with the other three, and you folks can have 25 the final three places, if that is OK. . 614 1 2 I will start with Mr. Vazquez. 3 MR. VAZQUEZ: Thank you. My name is 4 Gerry Vazquez and I am executive president of 5 New Visions for Public Schools. New Visions 6 appreciates the opportunity to state our 7 support for the proposed merger of Citibank and 8 the Travelers Group and, more specifically, can 9 inform you of the generous support both 10 corporations have provided to New Visions. 11 Citibank and the Travelers Group have 12 demonstrated sustained commitment to community 13 and educational initiatives. A merger of these 14 institutions will only fortify our capacity to 15 effect change. 16 Founded in 1989, New Visions for 17 Public Schools is a not-for-profit organization 18 that works with the New York City public school 19 system, the private sector and the community to 20 mobilize resources and develop programs and 21 policies that lead to significant, lasting 22 improvements in the achievement of all 23 children. 24 Since 1990, Citibank has contributed 25 a total of $214,000 to New Visions, supporting . 615 1 2 our efforts in a number of ways. 3 The Citibank Success Fund Awards 4 program recognized exemplary teachers and 5 principals with monetary awards for the winners 6 and the winners' schools. The Citibank Success 7 Fund Awards were presented in an impressive 8 award ceremony attended by invited guests that 9 included an array of major community and 10 education leaders. The awards consistently 11 received favorable and extensive press coverage 12 and brought to these educators an all-too-rare 13 public acknowledgement and appreciation of 14 their gifts and dedication. 15 Citibank helped to start a Tech Corps 16 of students who learned how to repair 17 technology and did so in schools as part of 18 their community service project. Currently, 19 Citibank is sponsoring the Citibank College 20 Bound Program, which provides a comprehensive 21 array of supports to disadvantaged city 22 students who want to go to college. These 23 students are often the first in their families 24 to finish high school. 25 Citibank's money enables students to . 616 1 2 learn about college appropriate to their career 3 plans and to visit them, to receive preparation 4 for the SATs and to get help with college 5 applications. This assistance is often what 6 makes a difference in the students' ability to 7 navigate the complex process of college 8 selection and admissions successfully and to 9 achieve access to higher education. 10 The Travelers Group has provided 11 $115,000 in major support for New Visions' 12 Early Childhood Initiative, a program that 13 combines in the same classroom children of all 14 abilities, including those with disabilities. 15 Operating in a range of city public schools 16 representing different family incomes and 17 backgrounds, this initiative is demonstrating 18 its viability as a model for diverse urban 19 communities by making it possible for students 20 of all abilities to successfully learn and 21 excel together. 22 The Travelers Group is to be 23 commended for its readiness to invest in the 24 Early Childhood Initiative. This highly 25 innovative program breaks new ground in . 617 1 2 bringing together diverse groups of children, 3 maximizing their strengths and unique 4 contributions and achieving great benefits for 5 each child. 6 Our relationships with Citibank and 7 the Travelers Group have been truly excellent. 8 They support public education in our work and 9 we believe this support will continue in the 10 years ahead. They have demonstrated that 11 excellence in public schools is a priority 12 among the city's private sector leaders. 13 In summary, we are strongly in favor 14 of the merger based on our own involvement with 15 Citibank and the Travelers Group and their 16 clear concern for serving the needs of our 17 communities, our children and our city's 18 future. 19 Thank you. 20 MR. LONEY: Thank you, Mr. Vazquez. 21 Perhaps I should repeat for those of 22 you who are here, and may not have been here 23 when I said it earlier in the day, the way we 24 are conducting this meeting is that each person 25 will be given five minutes to speak. The . 618 1 2 timekeeper is sitting in the front row in the 3 middle. We will give you a two-minute warning 4 and then we will indicate that the time is up. 5 If you have written material, for 6 example, whether or not you get to finish it, 7 if in fact you don't get to finish what you 8 brought to say, we would appreciate it if you 9 would give us a copy of your written material. 10 Leave it with the registration desk folks out 11 front and the entire thing will be put into the 12 record. 13 The transcripts will be available in 14 a few days from the Federal Reserve Bank of New 15 York and also the transcripts will be on the 16 Board's Internet web site. 17 With that, let me turn to Mr. Brown. 18 MR. BROWN: Thank you, Mr. Chair, 19 members of the panel. I am Amos Brown, pastor 20 of the Third Baptist Church of San Francisco 21 and also member of the board of supervisors. 22 I have come all the way across the 23 country today representing the National 24 Association for the Advancement for Colored 25 People of San Francisco and also for a . 619 1 2 resolution, because the board of supervisors of 3 San Francisco is expressing its concern, over 4 one particular piece of real estate that 5 Citicorp now has the mortgage for in San 6 Francisco that is now up for bidding and 7 ultimately for sale. 8 I come today to share a profound 9 reality of half of the American community in 10 San Francisco and a great measure of the 11 African-American community in this nation. I 12 would like to couch my statement in a vignette 13 from the life of the late Dr. Vernon Johns, the 14 predecessor of Martin Luther King, Jr., at 15 Dexter Church in Montgomery. He said one day 16 that if you want to see a real case of 17 perpetual motion, sell a Cadillac car to a 18 Negro and tell him to park it somewhere. 19 Real estate is something that we have 20 not been able to come by as a people, 21 particularly in San Francisco and in general in 22 this nation. And it is our considered judgment 23 that in great measure, though Citicorp has done 24 much good in terms of supporting educational 25 enterprises and other social action projects, . 620 1 2 but in terms of making loans available to 3 African-Americans to purchase a home, to do a 4 development in the city and county of San 5 Francisco, Citicorp has not given a mortgage to 6 one African-American development. 7 The development now under question, 8 the Fillmore Center that is up for bidding, for 9 sale. The previous owner was not 10 African-American. However, a minority group 11 representing an Asian and African-American 12 sought to get involved in the bidding process, 13 and the record reveals that the process was 14 problematic. It was not fair, in their 15 estimation, and these minorities were not given 16 an opportunity to get involved in the bidding 17 process, even though they had the money, they 18 had the financing, they had the sensible 19 support to consummate this purchase. 20 I feel that, though I repeat Citicorp 21 has done a lot of good, but in terms of making 22 loans available to black people so that they 23 may get out of this posture of perpetual motion 24 of buying a car and not having to park 25 anywhere, Citicorp has not contributed to our . 621 1 2 having a place to park and to lay our heads in 3 the city and county of San Francisco. 4 For that reason, we have great 5 reservations about this merger, for we do not 6 see the kind of track record in the city and 7 county of San Francisco that would suggest that 8 this bank is friendly toward African-Americans 9 and other minorities in the acquisition of 10 property through mortgages coming through the 11 bank. 12 Thank you very much. 13 MR. LONEY: Thank you, Mr. Brown. 14 Mr. Siegel. 15 MR. SIEGEL: I'm testifying on a 16 power of attorney for Mahesh Shah. I will 17 submit the original power of attorney when I 18 submit the papers inside. It is only eleven 19 lines, but I'd like you to listen carefully to 20 it because it is something that has been an 21 ongoing problem for a couple of years. 22 The letter is addressed to you, 23 Mr. Loney, concerning this meeting, and here 24 Mr. Shah has a question: 25 Will the proposed acquisition cause . 622 1 2 the managerial resources of Travelers to reform 3 and correct what appears to be Citibank's 4 obstruction of justice by failing from December 5 1995 through June 25, 1998, almost two and one 6 half years since my attorney -- speaking for 7 Mr. Shah -- and the attorneys for Citibank 8 North America, Zeichner Ellman & Krause, signed 9 on November 16, 1995 a contractual stipulation 10 settlement agreement to provide in lieu of the 11 information subpoena and to discontinue the 12 contempt of court action against a vice 13 president of Citibank, certain information. 14 Attached herewith is a copy of my attorney's 15 letter of May 28, 1996 and an updated copy of 16 same dated June 25, 1998 showing their failure 17 to furnish the contractually agreed information 18 despite the fact that subpoena duces tecums 19 were properly served in the courts with the 20 aforementioned agreement. 21 I have been unable to proceed to 22 collect my judgment of January 20, 1995 in the 23 amount of $11,241 because I have effectively 24 been denied the opportunity to recover my loss 25 because of Citibank's failure. Respectfully . 623 1 2 submitted, Mahesh Shah. 3 Thank you. 4 MR. LONEY: Thank you. 5 Ms. Martens. 6 MS. MARTENS: I'm Pamela Martens. I 7 am the lead plaintiff in the infamous "Boom 8 Boom Room" suit against Smith Barney. 9 It is amazing how soon we forget. It 10 was just 60 years ago that 4,835 of America's 11 banks went broke and closed their doors, 12 leaving shareholders and depositors destitute. 13 The underlying reason that this happened was 14 the lack of moral courage by our regulators and 15 elected representatives to just say no to 16 powerful money interests. Instead of just 17 saying no, Washington handed the banks the 18 equivalent of an ATM card to the Feds discount 19 window to speculate in stocks. At a time when 20 Japan, the second largest industrialized 21 nation, is reliving the 1930s in America, 22 complete with banking insolvency, it is amazing 23 and preposterous that we should be discussing 24 rolling back Glass-Steagll. 25 We also want to remember that the . 624 1 2 political dynamics that created the backdrop 3 for the banking meltdown in the '30s grew from 4 a corrupt cozy culture between Wall Street and 5 Washington. U.S. Supreme Court Justice William 6 O. Douglas, who knew a thing or two about the 7 matter, having just served as chairman of the 8 young, new SEC, before he went to the Supreme 9 Court, he called it what it was, chicanery and 10 corruption. 11 Frank Vanderlip, coincidentally, an 12 actual former president of National Citibank, 13 wrote in the Saturday Evening Post at the time 14 that lack separation of banking and securities 15 contributed to the stock market losing 90 16 percent -- I'd like to repeat that, 90 17 percent -- of its value from 1929 to 1933. 18 The public was so sickened by the 19 hubris and corruption that an entire generation 20 stayed away from the stock market. It was not 21 until 1954, 25 years later, that Wall Street 22 once again reached the level it had set in 23 1929. 24 There is a compelling body of 25 evidence that suggests a corrupt cozy culture . 625 1 2 has once again enveloped the brains of 3 Washington. We can hardly look to the 4 safekeepers of the public trust when they are 5 falling over themselves to reap campaign 6 windfalls from Wall Street. 7 Washington and regulators are quick 8 to criticize moral hazard when it is on foreign 9 shores. Let's look at the moral hazard 10 incubating at Travelers and Smith Barney. 11 In 1996, when the SEC and the Justice 12 Department found that Smith Barney was one of 13 24 firms fleecing their own customers through 14 six or more years of price fixing, no one went 15 to jail. Within the last two years when a 16 special prosecutor found that Smith Barney had 17 bribed the former U.S. agricultural secretary, 18 again, no one went to jail. 19 The firm is currently under 20 investigation by various municipalities for the 21 fraudulent markup of treasury securities, and 22 that, in fact, is enough to hold up this 23 merger, since a criminal charge against a 24 primary dealer of treasury securities would 25 lend its taint to one of America's major money . 626 1 2 center banks. 3 Finally, as an eleven-year employee 4 of Smith Barney and the lead plaintiff in the 5 "Boom Boom" lawsuit, I can personally attest 6 that the model espoused by Sanford Weill and 7 James Diamond is nothing we would want to 8 replicate at a money center bank or at a firm 9 employing 160,000 people. 10 As our suit lays out, women at Smith 11 Barney were called witches and whores; were 12 sexually and physically assaulted during the 13 workday on the premises of Smith Barney; we 14 were subjected to vulgar, bigoted and racist 15 language. These charges have come from 16 branches coast to coast. 17 Smith Barney's answer to this suit, 18 just as it answered the charges of price fixing 19 and bribing and yield burning is deny, deny, 20 and spend more money on political campaigns, 21 charitable contributions and TV ads to do spin 22 control. 23 Thank you. 24 MR. LONEY: Thank you. 25 Ms. Sherwin. . 627 1 2 MS. SHERWIN: Thank you. My name is 3 Galen Sherwin. I am the president of the New 4 York City Chapter of the National Organization 5 for Women. 6 Two years ago the National 7 Organization for Women named Smith Barney a 8 merchant of shame for its disgraceful 9 employment practices in hiring and promoting 10 women and minorities in disparate pay between 11 men and women employees and in its nonexistent 12 response to the hostile work environment and 13 retribution faced by those who brought sexual 14 harassment complaints. 15 The sexual harassment case Martens v. 16 Smith Barney gave notoriety for its "Boom Boom 17 Room," which you just heard some of the detail 18 from Pamela Martens. These were egregious 19 cases of sexual harassment, horrible conditions 20 across the country that employees of Smith 21 Barney were forced to work under. It has 22 grown, as she mentioned, to include plaintiffs 23 from eleven states across the country. 24 Now, you may say what does it matter, 25 all corporations face litigation during their . 628 1 2 regular business. I'm here to say that Martens 3 v. Smith Barney does matter. It matters 4 because it goes to the heart of our civil 5 rights under the Civil Rights Act, particularly 6 Title VII and the Equal Pay Act, it also goes 7 to the heart of the potential for growth and 8 success of women and minorities in the 9 workplace. 10 Now I'm speaking particularly about 11 an employment practice that is widespread in 12 the industry, mandatory arbitration. Mandatory 13 arbitration, as you probably knows, removes 14 from employees the possibility of going to the 15 courts and forces them instead, in employment 16 disputes or sexual harassment or discrimination 17 complaints, to go to an industry-wide 18 arbitration panel. 19 NOW believes that arbitration works 20 to the particular detriment of women and 21 minorities in the workplace, and we have taken 22 a very strong position, passing national 23 resolutions calling for an end to mandatory 24 arbitration and alternate dispute resolution 25 processes. We believe not only does it deprive . 629 1 2 women and minorities of the rights and 3 protections that they would enjoy under Title 4 VII of the Civil Rights Act and in our court 5 system, it also is a private system of justice 6 that is stacked in favor of the employer and 7 against the employer plaintiff. 8 Many of the members of these 9 panels -- most of the members of the panels are 10 picked from the industry itself. They are 11 people with long, established careers in the 12 industry, which means that they are necessarily 13 more often successful white men and none of 14 them have any particular expertise in hearing 15 Title VII claims or Equal Pay Act claims. They 16 are just not qualified to be deciding sexual 17 harassment and discrimination complaints. 18 These private systems of justice must 19 be abolished. It is a widespread practice, but 20 it is actually an evolving area of law and 21 policy right now. It is under statutory 22 reinterpretation by the courts across the 23 country, and it is leading to a significant 24 change in policies, in part because of outcry 25 from members of civil rights groups and . 630 1 2 feminist groups across the country. 3 Now this is evidenced by the SEC's 4 recent decision this week to approve the NASD 5 recommendation, which is supported by the EEOC, 6 that arbitration is not an appropriate forum 7 for resolution of sexual harassment and 8 discrimination cases, for the reasons I 9 mentioned before. 10 Now this is also a moment of 11 particular opportunity for us because of the 12 recent decision yesterday by Justice Constance 13 Baker Motley, who was presiding over the case 14 Martens v. Smith Barney. She has rejected the 15 settlement that was negotiated between class 16 counsel and the attorneys for Smith Barney and 17 she has raised concerns, some of which I 18 mentioned, about arbitration being the sole 19 remedy for plaintiffs and claimants in that 20 case. She's also raised serious concerns about 21 the diversity program, the effectiveness of the 22 diversity program that has been proposed by 23 Smith Barney. 24 Now this rejection of the settlement 25 gives us an opportunity to make some serious . 631 1 2 improvements, if there is going to be a 3 settlement in this case. I would like to read 4 those for the record. The recommendations that 5 NOW New York City is making are the following: 6 That Smith Barney/Travelers remove the 7 requirement that its employees take 8 discrimination and harassment complaints to 9 industry-wide arbitration; that no new 10 settlement be approved unless there is clear 11 provision that all claimants have a right to go 12 to the court or through arbitration; that there 13 be clear provision that all decisions rendered 14 through arbitration have the right to an appeal 15 in court; and that the court maintain 16 jurisdiction over any consent decree; that the 17 diversity program in question be improved and 18 expanded to include meaningful and ongoing new 19 initiatives without a time limit or cap; and 20 that funding be substantially increased to meet 21 the needs of such a large firm; and that 22 diversity training extend to include issues of 23 racisms impact on financing practices that act 24 to the detriment of African-Americans and other 25 minority groups; that procedural hurdles within . 632 1 2 any designated dispute resolution process, such 3 as limitations on powers of deposition or 4 subpoena, be removed and all due process 5 protections for complainants that would apply 6 in Title VII suits be respected; and, finally, 7 that the current structure of legal fees and 8 awards be reexamined to ensure both vigorous 9 prosecution and increased equity in 10 remuneration between attorneys and plaintiffs. 11 According to the standards accepted in the 12 industry, attorneys' fees should be capped at 13 no more than 33.3 percent of the total award. 14 (Continued on next page) 15 16 17 18 19 20 21 22 23 24 25 . 633 1 2 Now from what I've heard about 3 Citicorp's practices, the merger between Smith 4 Barney, Travelers and Citicorp would amount to 5 a marriage of two isms, racism and sexism. 6 At a time of such opportunity and 7 change do we want a company that has reaffirmed 8 its commitment to mandatory arbitration for all 9 employees, and that invests on doing business 10 the old fashioned way, to begin and even, to 11 gain even more control over the direction of 12 employment policies and practices? 13 Do we want to allow a merchant of 14 shame to grow into a bloated corporate tyrant? 15 The answer is no. 16 This merger cannot be considered 17 until Smith Barney removes mandatory 18 arbitration requirements and resolves issues of 19 diversity, employment policies and work 20 environment satisfactorily. I strongly urge 21 you to reject this merger. To do any less, 22 would amount to and admission on the part of 23 the Federal Reserve Bank that it does not care 24 about the advancement of women and minorities 25 in the work place or the protections offered by . 634 1 2 our courts, and that the profit of corporate 3 giants outweighs civil rights. Thank you. 4 MR. LONEY: Thank you, Ms. Lin. 5 MS. LIN: Good afternoon. My name is 6 Karen Lin I'm here to represent State Senator 7 Catherine Abate who represents the 27th 8 District in New York which covers midtown 9 Manhattan, and most of lower Manhattan as well. 10 She has prepared a release which I 11 would like to read to you now briefly if I may. 12 In the wake of the federal judge's 13 decision to reject the settlement of Smith 14 Barney's sexual harassment suit, Senator Abate 15 joined with advocates to underscore the need to 16 ban mandatory predispute arbitration clauses in 17 employment contracts as a condition to 18 employment. 19 "All parties should use this 20 opportunity to create a dispute resolution 21 system that is fair for workers. Any system 22 that requires employees to give up their right 23 to a day in court as a condition of employment 24 is ultimately unfair and unconstitutional." 25 Senator Abate has found that the . 635 1 2 American Arbitration Association, the nation's 3 largest arbitration trade association, says 4 that companies they provide arbitration for 5 encompasses nearly four million employees. 6 About 40 percent of companies who use 7 arbitration force their employees to sign 8 mandatory arbitration contracts. This is 9 according to the federal General Accounting 10 Office. Also, according to the federal GAO, 11 more than half of all employees may be bound by 12 mandatory arbitration contracts by 2001. 13 Having saturated the securities 14 industry, mandatory arbitration is now 15 spreading rapidly into almost all other 16 occupations. 17 Senator Abate has introduced 18 legislation that will ban mandatory arbitration 19 in employment contracts as a condition to 20 employment. 21 "No New Yorker should have to check 22 his or her civil rights at the door in order to 23 get a job." This legislation, The Employee 24 Civil Rights Protection Act will end this 25 discriminatory practice and start to level the . 636 1 2 playing field between employer and employee. 3 Thank you. 4 MR. LONEY: Thank you. Do we have 5 any questions of this panel? 6 MR. ALVAREZ: Yes, I have a couple of 7 questions. 8 Mr. Brown, you made a couple of 9 statements that I'd like to ask you some 10 questions about. 11 One is you said Citi has not given 12 any mortgages to any housing development 13 programs in San Francisco. Did I understand 14 that correctly? 15 MR. BROWN: No, I said black and/or 16 minority. 17 MR. ALVAREZ: Was that statement 18 about single-family lending or multifamilly 19 lending? I wasn't sure what you meant by 20 housing. 21 MR. BROWN: Well, the record in 22 single-family dwellings is much to be desired, 23 but in terms of multifamily-dwellings the 24 record is zero. 25 MR. ALVAREZ: You mentioned that you . 637 1 2 were talking about property that Citicorp has 3 that apparently -- 4 MR. BROWN: Citicorp was one of the 5 original banks that financed this development, 6 about 1100 units, town houses and towers. The 7 bonds were sold by the city to help this 8 development in 1980 when it was begun, but when 9 it had gone through two owners and it was put 10 on the market, the minority groups got together 11 with all of the needed financing to purchase, 12 and the bidding process was very unfair. 13 MR. ALVAREZ: It was unfair in what 14 respect? 15 MR. BROWN: In terms of number one, 16 they did not receive notice regarding the 17 process; number two, there was a lot of basic 18 information that they did not get, and number 19 three, is just the basic concern of the 20 community and in terms of the Community 21 Reinvestment Act, Citicorp should have had 22 serious conversations with this black minority 23 developer to purchase this property that's 24 right in the redevelopment area. 25 Also, the minority group has made the . 638 1 2 commitment to rent control, something that is 3 desperately needed in San Francisco, and you 4 look at the number of African-Americans who 5 lodge in that city is unconscionable. In 1970s 6 we lost over twenty thousand African-Americans 7 in the City of San Francisco. 1970, the 8 population was 30 percent and knocked down to 9 17 percent and this has happened principally 10 because of gentrification, blacks or 11 African-Americans have not been able to get 12 mortgages and they have not been able to do 13 developments to the needs of that community. 14 And that's where we are coming from. 15 16 Morally, if the bank is concerned 17 about helping communities, this is a golden 18 opportunity for it to help a minority 19 community, and while we appreciate free 20 enterprise system and we know that all 21 financial deals must be sound, but something is 22 wrong in Denmark when blacks and other 23 minorities step to the plate and they are not 24 given the opportunity to fulfill their dream 25 and their hopes of owning real estate. . 639 1 2 MR. ALVAREZ: Thank you very much. 3 Ms. Martens or Ms. Lin or Ms. Sherwin, any of 4 you, you've spoken about mandatory arbitration. 5 I'm not sure I understand the facts. Most 6 folks that have a sexual harassment or other 7 kind of claim can go to the EEOC and the courts 8 and have that claim heard. 9 You say that at Smith Barney and 10 other places there is a requirement as 11 precondition to employment that you waive the 12 right to go to court and that all things be 13 settled in arbitration? 14 MS. SHERWIN: That's correct. 15 MR. ALVAREZ: Then no appeal to the 16 Court after arbitration? 17 MS. SHERWIN: Yes, it's the sole 18 remedy. According to industry regulations many 19 people are forced to sign a form B4. It is 20 also industry-wide. There's also requirements 21 in individual corporations that are internal 22 documents, agreements that are signed as a 23 precondition of employment, and that is so at 24 Smith Barney, and Smith Barney even in light of 25 the recent developments of this case, this . 640 1 2 sexual harassment case, recently reaffirmed its 3 policy of having all employees sign an internal 4 document signing away their right to go to 5 court and making arbitration their sole remedy. 6 MR. LONEY: Do you know if that goes 7 beyond Smith Barney within the Travelers Group? 8 MS. MARTENS: Precisely. Travelers 9 had the identical policy and I just want to 10 comment on that we're not talking about a 11 mutual forum. We're not talking about a fair 12 forum. One of the cornerstones of this would 13 be one of the scariest things I'd ever want to 14 imagine in America is that as the money and 15 power has grown at Smith Barney and Travelers, 16 Sanford Weil and James Diamond truly believe 17 they are above the law, and they have passed 18 down this attitude to their teams of corporate 19 attorneys. 20 For example, recently in one of the 21 arbitrations it was Mendez v. Shearson, but it 22 was tried by Smith Barney's attorneys. The 23 appellate court in Texas overturned the 24 arbitration decision because they quoted from 25 Smith Barney's attorneys closing arguments. It . 641 1 2 was a wage discrimination -- I'm sorry -- a 3 failure to pay overtime case, and the attorney 4 told the arbitrators, "we are telling you that 5 this is a bad law and you are to ignore this 6 law." 7 Now, as outrageous as this sounds, I 8 beg you to get a copy of that appellate 9 decision and read the outrageous demands that 10 Smith Barney's attorneys were giving to the 11 arbitrators. Even more shocking, the 12 arbitrators followed the demand from Smith 13 Barney necessitating that this go to an 14 appellate court. 15 This type of language has actually 16 now been put into the mandatory arbitration 17 agreement that they have forced their employees 18 to sign, and sign a receipt that they 19 understood that they were waiving their Title 20 VII, their harassment, discrimination, wage, 21 ERISA, race claims, and that arbitrators would 22 not be allowed to follow other law, but would 23 be required to follow "Smith Barney's lawful 24 business judgment." Apparently, Smith Barney's 25 lawful business judgment is that it is above . 642 1 2 the laws of America. 3 MR. LONEY: Thank you. Any other 4 questions? If not, I will thank the panel for 5 coming. 6 We have one other person who was 7 scheduled to testify earlier who has requested 8 time in the open microphone session, Lloyd 9 Williams. 10 MR. WILLIAMS: Thank you very much, 11 Mr. Chairman. My name is Lloyd Williams. I 12 serve as the President of the Greater Harlem 13 Chamber of Commerce, a business, civic and 14 trade organization celebrating its 102d year of 15 existence in the City of New York. 16 I just wanted to make brief comments. 17 One, listening to the comments of the National 18 Organization of Women as it relates to the 19 Martin v. Smith Barney matter, I want to go on 20 record as being very much in support of the 21 position of NOW, and other interested parties 22 in condemning the charges against Smith Barney, 23 and further, that we believe that too many of 24 the charges are in fact with substance. 25 Moving to the next point, the . 643 1 2 relationship of the merger proposed between 3 Travelers and Citicorp, the Greater Harlem 4 Chamber of Commerce wishes to go on record as 5 being supportive of that merger. It is our 6 view that Citicorp, particularly over the past 7 five years, has become more in tune certainly 8 in New York City with the needs of the sectors 9 of New York that are too frequently called the 10 outer boroughs, the four boroughs outside of 11 Manhattan and certainly sections in Manhattan 12 that are not in the midtown area, including the 13 Greater Harlem area. 14 Over the past five years Citibank 15 which had not been a leader in development in 16 that area, has stepped to the plate, and has 17 been in the forefront of student loans, 18 mortgage loans, business loans. 19 I should also note that Citibank is 20 opening in the central Harlem area on the 21 Frederick Douglas Boulevard between West 134th 22 and West 135th Street, the first Citibank loan 23 office that will open in August of this year, 24 that will provide specific loan information, 25 technical assistance and, in fact, direct loans . 644 1 2 to medium and small business sectors as well as 3 to homeowners. 4 We're very pleased that this is 5 taking place. It is going to be a model 6 project that we hope will be emulated 7 throughout not only the city, but far beyond. 8 In addition, I wanted to further make 9 particular note that there are some 10 distinguished persons at Citibank that I would 11 like to have their names recorded because of 12 their leadership. Mr. Hector Ramirez, and 13 Mr. Capocasanda, Ms. Bonnie Walsh, Mr. Allen 14 Stevens, and Mr. Darryl Dodson. It's a group 15 of women and men, different ethnic backgrounds, 16 different nationalities, that have come 17 together to serve the interest of our community 18 and in my view of the city. 19 The goals and objectives of our 20 service area which includes investments, 21 development, loans, Citibank has been 22 supportive of, and we would hope that by this 23 merger Travelers will join with the leadership 24 that is coming out of Citibank. 25 So without delaying your time . 645 1 2 further, we wanted to make sure that we did go 3 on record in supporting this merger, 4 encouraging you to give it all due 5 consideration, and, lastly, to commend Citibank 6 for the leadership it has provided in the past 7 years, and to encourage Citibank and Travelers 8 that through this merger hopefully they will be 9 able to provide more for those who have, as 10 well as for those who do not. I'd like to 11 thank you. 12 MR. LONEY: Thank you, Mr. Williams. 13 MR. ALVAREZ: Sir, Mr. Williams, 14 could I ask you a question? 15 MR. WILLIAMS: You absolutely can. 16 MR. ALVAREZ: You mentioned a loan 17 office would be opening. Could you state again 18 the location of that? 19 MR. WILLIAMS: Yes, it's on Frederick 20 Douglas Boulevard which is Eighth Avenue. It's 21 between 134th Street and 135th Street in the 22 Central Harlem area by City College. 23 MR. ALVAREZ: Someone had testified 24 earlier about that being a full-service branch. 25 Do you know for -- . 646 1 2 MR. WILLIAMS: No, there are two 3 things that are happening. That is not a 4 full-service bank, I know that absolutely for 5 sure, but in addition to that, directly across 6 the street there is a construction of a 170 7 unit condominium project 14 stories high with 8 48,000 square feet of commercial space and 9 underground parking for 140 automobiles. 10 Citibank is putting in a full-service 11 unit in that location across the street that 12 will be a combination of high tech as well as 13 persons directly servicing the interests of 14 that area, and, in addition, Citibank is the 15 lead financial bank for the construction of the 16 project. 17 MR. HODGETTS: Two separate 18 facilities across the street from each other? 19 MR. WILLIAMS: Right. And the new 20 construction would begin, I would believe, 21 September or October, and will take 22 approximately 18 to 20 months to finish, but 23 rather than wait for that to happen, Citibank 24 has opened this loan store across the street 25 and they will be in operation by August of this . 647 1 2 year. 3 MR. HODGETTS: Thank you. 4 MR. WILLIAMS: Thank you. 5 MR. LONEY: Did we have any more 6 people who have registered to testify? No 7 more. Does anybody else in the audience wish 8 to? 9 If not, we will adjourn these 10 proceedings. 11 Thank you very much. 12 (Adjourned)