Showbiz Managers Ask Schwarzenegger to Investigate Labor Commissioner
NCOPM Prez
Showbiz Managers Ask Schwarzenegger to Investigate Labor Commissioner
SACRAMENTO, Cal., Jan. 5, 2007 - The national trade association
representing entertainment personal managers has asked Gov. Arnold
Schwarzenegger to investigate Robert A. Jones, acting State Labor
Commissioner.
In a recent letter to the Governor, the National Conference of Personal
Managers (NCOPM) claimed Jones acted improperly, demonstrated bias and
violated California law as a result of his Aug. 22 letter to the
California Supreme Court regarding "Marathon Entertainment, Inc. v
Blasi (S145428)," a case currently being reviewed by the Court.
NCOPM's complaint is the latest development in a decades-long
controversy over whether managers are subject to the California Talent
Agencies Act, which is administered and enforced by the State Labor
Commission. Managers claim the California Legislature expressly
considered and chose to exclude personal managers from this Act when it
was adopted.
"The Labor Commissioner injected himself into a case for which he
will be the decision maker upon remand of this case to the labor board,
unless the Supreme Court rules the Act does not apply to managers,"
said Clinton Ford Billups Jr., NCOPM president.
"The California Government Code requires state agencies to act within
constitutionally mandated limits in administering law and mandates a
separation between administration and adjudication. The
Commissioner's comments in his letter to the Supreme Court were not
made in an advisory position, but as an advocate in a case still before
him. His actions were biased, improper and illegal," added Billups.
Performers have frequently used the Talent Agencies Act to avoid paying
commissions to personal managers found to have "procured
employment," which only licensed talent agents can do according to
the act. In most cases in which a manager was found in violation, the
labor board voided the entire management contract, resulting in loss of
all commissions to the manager. In appeals by managers, courts have
upheld the labor board's decisions.
In Marathon v. Blasi, personal manager Rick Siegel recently petitioned
the California Supreme Court to rule on whether the act even applies to
personal managers. The Court's ruling is expected later this year.
"While NCOPM is confident the Supreme Court will negate the labor
board's interference with personal managers, we have urged the
Governor to take immediate action to prevent future bias and violation
of statutes by Commissioner Jones, which would result in denial of due
process to our members," concluded Billups.
NCOPM is a not-for-profit association of personal managers representing
artists engaged in entertainment, media and performing arts. Founded in
1942, NCOPM is committed to the advancement of personal managers and
their clients through education, public affairs and ethical trade
practices.
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NEWS CONTACT:
Clinton Billups, president, NCOPM, 702-837-1170, <nc...@earthlink.net>
To request a copy of NCOPM's letter to Gov. Schwarzenegger, please mail
<nc...@earthlink.net>.
National Conference of Personal Managers, Inc.
Established in 1942, an Association Committed to the
Advancement of Personal Managers and Their Clients.
P. O. Box 50008, Henderson, NV 89016
Telephone: 702-837-1170
Website: www.ncopm.com