Restore Harvey Mars As Local 802’s Recording Vice President!

The Local 802 AFM Executive Board

802 members had previously dismissed charges made by an employer/member against Harvey by a majority vote at our 802 membership meeting. Then AFM President Tino Gagliardi decided to accept an appeal to the AFM International Executive Board to overturn our vote. They found Harvey guilty of a minor infraction, I believe well-knowing that under our 802 bylaws it would result in him losing his job. This was in my opinion an egregious act denying 802 members our autonomy.

This matter originally had to do with a member, acting frequently as an employer, who Harvey had discovered grossly overcharging a sister union for Rally band performances after coming to the 802 Executive Board and asking for low budget Demonstration (Rally) rates. Harvey informed the other union and that employer was dismissed. Our members voted, by a majority, at a membership meeting that the charges against him did not amount to malfeasance and dismissed the charges

The bylaw that the AFM IEB said he violated was “interfering with the employment of a member“ or words to that effect. AFM fined him a minimal $750 but did that full well knowing that any violation would result in the dismissal from office. In my mind, it is highly questionable whether he violated any bylaws based on the circumstances, but I must say that there appear to be a lot of politics involved in this decision.

Harvey has been replaced as RVP by a staff member, Dan Point, someone Tino brought into 802 to serve as his chief of staff, who is not a musician, and I am wondering about the nature of this appointment. Regardless, Harvey was pushed out and to me this feels very political. We have enough problems at 802 now without losing a competent officer.

Signed,
Andy Schwartz
Local 802 AFM Card # S09695
Petition by
Kevin Ray
Musicians for Harvey Mars
Sponsored by
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Music Workers Alliance

To: The Local 802 AFM Executive Board
From: [Your Name]

The undersigned members of the Associated Musicians of Greater New York, Local 802 demand that at the October 22, 2025 Local 802 membership meeting the first order of business be a motion that Harvey Mars continue to hold his elected roles as Local 802 Recording Vice President, AFM Convention delegate and Assistant Director per Article VI Section 5 of the Local 802 Bylaws, which states to wit: " No member of this Local shall run for, hold, or continue in any elective office, serve on any committee, or hold or continue in any appointed office for a period of two years from the date of conviction for violation of any portion of the Constitution or Bylaws of this Local or the American Federation of Musicians unless the membership should decide otherwise by a two-thirds vote of those voting at a duly convened membership meeting with regard to any particular member."

Mr. Mars was found guilty of violating a Local 802 bylaw by the AFM International Executive Board. However, the IEB held that the appropriate remedy be only a $750.00 fine, not removal from office. Mr Mars' removal from office was prompted only by Local 802 Bylaw Article I, Section 5 D, which states to wit: The Recording Vice President's seat shall become vacant if found guilty of violating the Constitution, Bylaws, Rules, Regulations of the Local and such vacancy shall be filled by the Executive Board for the balance of the terms.

We the undersigned members believe that it is our right under the Local 802 Constitution and Bylaws to determine whether the duly elected Recording Vice President shall continue in his elective and appointed offices and that the question:

"Should Harvey Mars be reinstated to his elected positions as Recording Vice President and Convention Delegate and Appointed position as Local 802 Assistant Director?"

should be submitted to the membership, requiring a two-thirds vote of approval as the first order of business at the October 22, 2025 membership meeting.