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Re: HOMESTEAD: Fwd: Update on chat w/ King of Sen. Corzine's office



I totally agree with Vic Thorpe that employee stock ownership without employee participation in control is a sham.  It is not really an employee stock "ownership" plan, but rather only an employee stock "accumulation" plan.  The first is an ESOP.  The second should be called an "ESAP" and given less beneficial tax and capital credit treatment.  In fact, the current effort on Capitol Hill to reduce the percentage of company stock held by an employee retirement trust to 10% (which would have killed the ESOP in 1974 but for Russell Long's intervention) might be a good way to distinguish ESAPs from ESOPs (which should continue to be allowed to be invested 100% in company stock where employees are given first-class shareholder rights.

An even better way to ensure governance rights from the bottom-up is to allow workers to set up a Capital Homestead Account at their local banks, where they and each member of their family can receive annually low-cost, self-liquidating and insured capital credit (monetized under Section 13 of the Federal Reserve Act) to invest in full-dividend, full voting power shares issued by the companies for which a member of the family works.  This would mean that corporate executives would have to come to the workers for the money, rather than have ownership rights trickling from the top-down.  This could also be woven in a new, more democratic approach for saving the Social Security System from going over the cliff, while avoiding the Wall Street speculator's model of privatization.  (Click on http://www.cesj.org/homestead/reforms/other/savingsocialsecurity-nk.html or go to  How to Save the Social Security System for an out-of-the-box plan that would provide each citizen from birth with non-recourse credit of $3,000 each year, which would provide that person with a retirement income of $30,000 in annual dividends based on an accumulation of $200,000, plus $750,000 in second incomes from dividends during the years of accumulation.)

I suggest that, from some experience, that when COG invests time to persuade Congress to advance the cause of employee ownership, go with a bold approach, one that can excite the imagination of ambitious legislators, not tokenistic requests.

Norm Kurland
Center for Economic and Social Justice
Web site: http://www.cesj.org

Vic Thorpe wrote:

 Deb,Noting the reference in your copy letter to the Enron stock situation, here is one summary report of the situation that has hit employees' 401K and other arrangements.  It is a scandal of corporate governance and underlines the need for employees to have a defining say over what happens to their own money - rather than allow company managements, or pension fund managers, to treat their employees future income as if it were a corporate slush fund.  It is the best argument against employee stock ownership without employee participation in its control that I can think of.Vic
-----Original Message-----
From: owner-homestead@cog.kent.edu [mailto:owner-homestead@cog.kent.edu]On Behalf Of Deborah Groban Olson
Sent: 05 December 2001 23:17
To: Homestead
Subject: HOMESTEAD: Fwd: Update on chat w/ King of Sen. Corzine's office
 
Dear Homesteaders:
Attached is a portion of the email I sent Gene Fisher of Congresswoman Carolyn Cheeks-Kilpatrick's office regarding the Fair Exchange (SQPQ) proposals I have been working on at his request. Based on my discussions with him and Senator Levin's staff, I was asked to send the proposals to Senator Corzine who drafted the Airline Bailout bill proposals on equity compensation for the government. I would appreciate your thoughts on how to craft these proposals to meet the needs of the policy makers as expressed by them. The actual requested language I sent to Fisher and King are  in my last posting to Homestead addressed to David Ackerman of the ESOP Association Legislative and Regulatory Committee.
Deb
Date: Wed, 05 Dec 2001 18:06:43 -0500
From: Deborah Groban Olson <dgo@esoplaw.com>
Subject: Update on chat w/ King of Sen. Corzine's office

Dear Gene:

Today I spoke with Bruce King of Sen. Corzine’s office. He understands the idea that global hegemony is moving from nation states to corporations and why that is a problem for democracy. He is willing to look at proposals. He is not interested in pushing stock ownership right now when the market is down. He feels that now is a bad time to push ESOPs because so many people, including employees, lost their shirts in Enron stock, etc. (I think he said that employees were obliged to own stock at Enron.)

He also thinks that if the government gets reimbursed by corporations for government investments, all taxpayers benefit. I think that is true on the macro level.  However, it is dependent on how the government, at any particular time, allocates those funds. An equity stake to the government doesn't do enough to build a second stream of income for citizens or give them voting rights in the increasingly powerful corporations.

Now , when global companies are needy and coming to the US government to invest in them, is an opportunity to get US citizens a needed financial stake in the global economy. This investment stream of income will be increasingly important in for all US citizens in the near future. Now that the Social Security Fund is expected to be underfunded in 15 years and both  technology and globalization are decreasing the number of US jobs needed to produce goods sold in the US, wage income, social security insurance or individual development accounts will not be an adequate source of sustenance for an increasing number of Americans. Perhaps the forum in which to join this issue is not employee ownership, but instead social security, unemployment or trade.

Congress should not miss out on this opportunity. During the next stock market upturn, the companies will not need government help. During the following downturn the process of corporate hegemony will likely have progressed.

Bruce King is willing to look at more proposals, but he wants the draft proposal to have more timely political resonance that does not smell of underwater stock options,  and devalued ESOP stock.

Do you have any reaction to:
1) The proposals I sent in the email to King.
2) These comments on King's reaction.
3) How to frame the issue to make it politically attractive?
 

Many thanks for your time and interest.
Deb Olson


Deborah Groban Olson
Attorney at Law
of counsel to
Jackier, Gould, Bean, Upfal & Eizelman, P.C.
1021 Nottingham Road
Grosse Pointe Park, MI
Phone:(313) 331-7821
Fax:  (313) 331-2567
Email: dgo@esoplaw.com
Web site: www.esoplaw.com for information on employee ownership, equity compensation, and capital strategies, www.jackiergould.com for information on general business law practice.

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