Preview
FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024
Shop With The Professionals.
prideinworkmanshipandaffordability...
You'llfinditalI right here atRIM.
R. .
Ossining ] 129 Main St. | 914.762.0075 www.rimsupply.com
April 2, 2018
ATTN: Cathy Powers
MWBE Appeals Unit
New York State Department of Economic Development
8*
625 Broadway, Floor
Albany, NY 12245
Re: Notice of Appeal
ID# 47129 WBE R.LM. Plumbing & Heating Supply, Inc.
Ms. Powers,
Please be advised that RIM Plumbing & Heating Supply, Inc., hereby provides notice of
its intent to appeal each and every part of the decision issued on March 22, 2018, which denied
its recertification application as a Woman-Owned Business Enterprise (WBE). In addition, it is
requested that the Decertification Status, which has improperly been instituted despite this
pending appeal, be reversed immediately pending the same as it is in violation of due process.
RIM has elected to submit a brief in lieu of hearing with respect to this matter.
The decision is erroneous because 51 percent of the company is owned by a woman, Ms.
Irene Campbell, and has been for the past 16 years. Ms. Campbell is a founding owner of the
which formed in 1971. The was reorganized after the of co-
company initially company passing
founder, Richard Campbell, Sr., in 2002. She has been a majority owner since then.
The reasons for the denial were based upon 5 NYCRR § 144.2 (c ) (2) and 5 NYCRR §
144.2(b)(1). With respect to the former, Ms. Campbell's ownership/control is real, substantial
and continuing and certainly goes beyond pro forma ownership. She shares in the risks and
profits. Ms. Campbell is involved in every aspect of the financial dealings of the company. She
has control of all of the company bank accounts and oversees payroll, accounts payable, accounts
receivable and all and other necessary expenditures. All decisions concerning budgeting
inclusive of payroll, insurance plans, employee healthcare packages, investments, real estate
concerns, tax burdens, purchasing a software system, hiring/firing, are finally determined by her.
To the extent that it is asserted that the denial was based upon the fact that Ms. Campbell's rate
FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024
of pay is less than that of her partners, it is asserted that as 51% owner, it is in her absolute
discretion to designate her rate of pay and this reasoning does not provide an adequate basis for
the denial. Moreover, as a 51% owner, Ms. Campbell made the business decision to reduce her
pay in order to keep the business afloat, as the business has struggled to maintain itself since the
economic downturn and has also suffered losses of sales to the big conglomerates and the
internet. Glaringly, Ms. Campbell is more than bearing the burden of the risks, and sharing in
the profits as she sees fit, in her determination of what is in the best interest of the business.
With respect to 5 NYCRR § 144.2(b)(1), Ms. Campbell, a founding owner of RIM, is a
key player with respect to managerial and technical competence and possesses the requisite
knowledge with respect to the daily operation of the business. All management decisions must
be approved by her before they are executed. She maintains a daily working relationship with all
staff members, she develops sales incentives, and arranges for and participates with employees in
buying group seminars and sales meetings. Thus, Ms. Campbell is a key participant in the
business, holds the largest stake in the business, and plainly bears the lion's share of all losses
and risks, and profits as she deems appropriate.
As a final matter, Ms. Campbell became apprised that the NYS Division of Minority and
Women's Business Development has already removed her WBE status despite the fact that she
has been afforded an opportunity to appeal this decision, effectively depriving her of her
livelihood without due process. Moreover, it is having and will continue to have a devastating
effect on the business which relies on its ability to do business as a WBE. Orders from some of
her key customers, who engage in projects which require they purchase material from a WBE,
are being canceled because of this. As it was entirely improper to remove the WBE status
pending a final appeal, it is requested that the Decertification Status be reversed immediately.
Kindly advise as to whether the decertification status will be removed pending this appeal
as soon as possible. In addition, please also advise as to the date the brief in lieu of hearing will
be due and the particulars as to where it should be submitted. Thank you, in advance, for your
immediate attention to this matter.
Very truly yours,
a L Campbell, Esq.
In-House Counsel to umbing & Heating Supply, Inc.
FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024
NEWYORK Division of Minority
51 unm and Women's
Business Development
April 13, 2018
VIA Certified Mail
Ms. Kara L. Campbell, Esq.
R.I.M Plumbing & Heating Supplies, Inc.
129 Main Street
Ossining, NY 10562 -
Re: Notice of Written Appeal for R.LM. Plumbing & Heating Supplies, Inc.
Dear Ms. Campbell:
Pursuant to your request to submit an appeal in writing regarding the denial of WBE certification
for R1M. Plumbing & Heating Supplies, Inc., please take notice that, pursuant to 5 NYCRR §
144.5, your appeal has been assigned to Administrative Law Judge James T. McClymonds.
Your written appeal submission must be made:
TO: Judge James T. McClymonds TO: Counsel's Office
NYS Dept, of Environmental Conservation NYS Dept. of Economic Devel.
18t 88)
625 Broadway, Fl. 625 Broadway, F1.
Albany, NY 12233 Albany, NY 12245
BY: 5:00 P.M. on June 13, 2018
The purpose of this appeal is to determine whether the decision to deny WBE certification status
to R.LM. Plumbing & Heating Supplies, Inc. was supported by substantial evidence,
The NYS Department of Economic Development based its denial of your application upon the
reasoning set forth in its denial letter, namely:
OWNERSHIP
Women do not share in the risks and profits in proportion with their ownership interest in the
business enterprise. 5 NYCRX § 144.2(c)(2).
FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024
Relevant Facts:
" Ms. Irene Campbell owns fifty-one percent of the outstanding common stock of
(51%)
R.I.M. and Inc. Mr. Richard Campbell owns thirty-
Plumbing Heating Supplies, ("RIM"),
five percent (35%) of the outstanding common stock of RIM, and Mr. Ernest Campbell
owns fourteen percent (14%) of the outstanding common stock of RIM.
" Mr. Richard Campbell's and Mr. Ernest Campbell's compensation from RIM during its
2016 tax year significantly exceeded Ms. Campbell's compensation from RIM during its
2016 tax year.
OPERATION
Women do not make decisions pertaining to the operation of the business enterprise. 5 NYCRR §
144.2(b)(1).
Relevant Facts:
" RIM is primarily engaged in wholesaling and supplies.
plumbing heating
" Ms. Campbell is primarily responsible for accounts payable and receivable for
managing
the business.
" Mr. Richard Campbell and a key male employee are primarily responsible for managing
significant operations of the business related to procuring plumbing and heating supplies
and overseeing sales.
The New York State Department of Economic Development, Division of Minority and Women's
Business Development, will be represented by counsel, who will reply to your written
submission. The scope of the Administrative Law Judge's review is limited to information
contained in the appeal record. Y@g9ñãf@WaitippygyjSiggg eleyant of the
9 thegeview
aboy#Mentioned denial grounds into the sppeal record. on must provide copies of such
d9cteetoto the Administrative Law Judge and to the NYS Department of Economic
velopnientd
You may request an extension at least seven days prior to the deadline for submission of your
written appeal, but appeals will not be delayed unreasonably. Any such request for an extension
must be made in writing to the Administrate Law Judge and to the NYS Department of
Economic Development.
Sincerely,
Cathy Powers
Preview
FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024 Shop With The Professionals. prideinworkmanshipandaffordability... You'llfinditalI right here atRIM. R. . Ossining ] 129 Main St. | 914.762.0075 www.rimsupply.com April 2, 2018 ATTN: Cathy Powers MWBE Appeals Unit New York State Department of Economic Development 8* 625 Broadway, Floor Albany, NY 12245 Re: Notice of Appeal ID# 47129 WBE R.LM. Plumbing & Heating Supply, Inc. Ms. Powers, Please be advised that RIM Plumbing & Heating Supply, Inc., hereby provides notice of its intent to appeal each and every part of the decision issued on March 22, 2018, which denied its recertification application as a Woman-Owned Business Enterprise (WBE). In addition, it is requested that the Decertification Status, which has improperly been instituted despite this pending appeal, be reversed immediately pending the same as it is in violation of due process. RIM has elected to submit a brief in lieu of hearing with respect to this matter. The decision is erroneous because 51 percent of the company is owned by a woman, Ms. Irene Campbell, and has been for the past 16 years. Ms. Campbell is a founding owner of the which formed in 1971. The was reorganized after the of co- company initially company passing founder, Richard Campbell, Sr., in 2002. She has been a majority owner since then. The reasons for the denial were based upon 5 NYCRR § 144.2 (c ) (2) and 5 NYCRR § 144.2(b)(1). With respect to the former, Ms. Campbell's ownership/control is real, substantial and continuing and certainly goes beyond pro forma ownership. She shares in the risks and profits. Ms. Campbell is involved in every aspect of the financial dealings of the company. She has control of all of the company bank accounts and oversees payroll, accounts payable, accounts receivable and all and other necessary expenditures. All decisions concerning budgeting inclusive of payroll, insurance plans, employee healthcare packages, investments, real estate concerns, tax burdens, purchasing a software system, hiring/firing, are finally determined by her. To the extent that it is asserted that the denial was based upon the fact that Ms. Campbell's rate FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024 of pay is less than that of her partners, it is asserted that as 51% owner, it is in her absolute discretion to designate her rate of pay and this reasoning does not provide an adequate basis for the denial. Moreover, as a 51% owner, Ms. Campbell made the business decision to reduce her pay in order to keep the business afloat, as the business has struggled to maintain itself since the economic downturn and has also suffered losses of sales to the big conglomerates and the internet. Glaringly, Ms. Campbell is more than bearing the burden of the risks, and sharing in the profits as she sees fit, in her determination of what is in the best interest of the business. With respect to 5 NYCRR § 144.2(b)(1), Ms. Campbell, a founding owner of RIM, is a key player with respect to managerial and technical competence and possesses the requisite knowledge with respect to the daily operation of the business. All management decisions must be approved by her before they are executed. She maintains a daily working relationship with all staff members, she develops sales incentives, and arranges for and participates with employees in buying group seminars and sales meetings. Thus, Ms. Campbell is a key participant in the business, holds the largest stake in the business, and plainly bears the lion's share of all losses and risks, and profits as she deems appropriate. As a final matter, Ms. Campbell became apprised that the NYS Division of Minority and Women's Business Development has already removed her WBE status despite the fact that she has been afforded an opportunity to appeal this decision, effectively depriving her of her livelihood without due process. Moreover, it is having and will continue to have a devastating effect on the business which relies on its ability to do business as a WBE. Orders from some of her key customers, who engage in projects which require they purchase material from a WBE, are being canceled because of this. As it was entirely improper to remove the WBE status pending a final appeal, it is requested that the Decertification Status be reversed immediately. Kindly advise as to whether the decertification status will be removed pending this appeal as soon as possible. In addition, please also advise as to the date the brief in lieu of hearing will be due and the particulars as to where it should be submitted. Thank you, in advance, for your immediate attention to this matter. Very truly yours, a L Campbell, Esq. In-House Counsel to umbing & Heating Supply, Inc. FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024 NEWYORK Division of Minority 51 unm and Women's Business Development April 13, 2018 VIA Certified Mail Ms. Kara L. Campbell, Esq. R.I.M Plumbing & Heating Supplies, Inc. 129 Main Street Ossining, NY 10562 - Re: Notice of Written Appeal for R.LM. Plumbing & Heating Supplies, Inc. Dear Ms. Campbell: Pursuant to your request to submit an appeal in writing regarding the denial of WBE certification for R1M. Plumbing & Heating Supplies, Inc., please take notice that, pursuant to 5 NYCRR § 144.5, your appeal has been assigned to Administrative Law Judge James T. McClymonds. Your written appeal submission must be made: TO: Judge James T. McClymonds TO: Counsel's Office NYS Dept, of Environmental Conservation NYS Dept. of Economic Devel. 18t 88) 625 Broadway, Fl. 625 Broadway, F1. Albany, NY 12233 Albany, NY 12245 BY: 5:00 P.M. on June 13, 2018 The purpose of this appeal is to determine whether the decision to deny WBE certification status to R.LM. Plumbing & Heating Supplies, Inc. was supported by substantial evidence, The NYS Department of Economic Development based its denial of your application upon the reasoning set forth in its denial letter, namely: OWNERSHIP Women do not share in the risks and profits in proportion with their ownership interest in the business enterprise. 5 NYCRX § 144.2(c)(2). FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/06/2024 Relevant Facts: " Ms. Irene Campbell owns fifty-one percent of the outstanding common stock of (51%) R.I.M. and Inc. Mr. Richard Campbell owns thirty- Plumbing Heating Supplies, ("RIM"), five percent (35%) of the outstanding common stock of RIM, and Mr. Ernest Campbell owns fourteen percent (14%) of the outstanding common stock of RIM. " Mr. Richard Campbell's and Mr. Ernest Campbell's compensation from RIM during its 2016 tax year significantly exceeded Ms. Campbell's compensation from RIM during its 2016 tax year. OPERATION Women do not make decisions pertaining to the operation of the business enterprise. 5 NYCRR § 144.2(b)(1). Relevant Facts: " RIM is primarily engaged in wholesaling and supplies. plumbing heating " Ms. Campbell is primarily responsible for accounts payable and receivable for managing the business. " Mr. Richard Campbell and a key male employee are primarily responsible for managing significant operations of the business related to procuring plumbing and heating supplies and overseeing sales. The New York State Department of Economic Development, Division of Minority and Women's Business Development, will be represented by counsel, who will reply to your written submission. The scope of the Administrative Law Judge's review is limited to information contained in the appeal record. Y@g9ñãf@WaitippygyjSiggg eleyant of the 9 thegeview aboy#Mentioned denial grounds into the sppeal record. on must provide copies of such d9cteetoto the Administrative Law Judge and to the NYS Department of Economic velopnientd You may request an extension at least seven days prior to the deadline for submission of your written appeal, but appeals will not be delayed unreasonably. Any such request for an extension must be made in writing to the Administrate Law Judge and to the NYS Department of Economic Development. Sincerely, Cathy Powers