(Here will be the names of each Plaintiff) - Plaintiffs,

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1 STATE OF NEW YORK SUPREME COURT - ALBANY COUNTY (Here will be the names of each Plaintiff) -against - Plaintiffs, VERIFIED COMPLAINT RJI No. Index No. (Here will be the names of Defendants and all others similarly situated ) - Defendants. (Named Plaintiffs), allege: 1. This is a declaratory judgment action pursuant to CPLR The relief requested herein is a judgment : a) declaring it to be a conflict of interest for defendants and all those similarly situated to be delegates at a New York State Constitutional Convention, and b) for such other and further relief as to the court may seem just and proper. JURISDICTION 3. Section 3001 of the CPLR provides that a court "may render a declaratory judgment" to resolve "the rights and other legal relations of the parties to a justiciable controversy." The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed. If the court declinesto render such a judgment it shall state its grounds. CIVIL PRACTICE LAW AND RULES, SECTION The statute is broad in scope. James v. Alderton Dock Yards, Ltd., 256 N.Y. 298, 305 (1931).

2 5. There is no inherent limitation on the type of declaratory relief available under the Declaratory Judgment Act, CPLR Maguire v.monaghan, 206 Misc. 550, 555, (Sup. Ct. N.Y. County 1954), afl'd mem., 285 App. Div. 926 (1st Dep't 1955); 6. Plaintiffs have an individual, implied constitutional Right, a legally protected interest, to a pathway to constitutional change that is not controlled by those who directly or indirectly wield governmental power over them, i.e., their governmental Agents. 7. Plaintiffs have a substantial interest in the determination of this controversy. 8. This Right is in danger of infringement by the defendant. 9. This controversy is definite, substantial, and ripe for final determination. The parties have adverse interests that collided in 1967, the last time the People voted for a Constitutional Convention, and resulted in harm, and threaten to do so again as early as However, neither an actual infringement of rights nor alternate coercive relief are necessary in a declaratory judgment action. See, e.g., Town of Ramapo v. Village of Spring Valley, 40 Misc. 2d 589, 591 (Sup. Ct. Rockland County 1962) (declaratory relief available to test validity of contract although it had not been breached), appeal dismissed, 13 N.Y.2d 918, (1963). 11. A declaration of the Rights of the People and the Obligations of the Government under Article XIX Section 2 of the New York Constitution in this case will serve a necessary and useful purpose. Davis Constr. Corp. v. County of Suffolk, 112 Misc. 2d 652, 656, (Sup. Ct. Suffolk County 1982), aff'd mem., 95 App. Div. 2d 819 (2d Dep't 1983). PARTIES 12. is a citizen of New York State, residing in Albany County. 13. is a citizen of New York State, residing in Allegany County.

3 14. is a citizen of New York State, residing in Bronx County. 15. is a citizen of New York State, residing in Broome County. 16. is a citizen of New York State, residing in Cattaraugus County. 17. is a citizen of New York State, residing in Cayuga County. 18. is a citizen of New York State, residing in Chautauqua County. 19. is a citizen of New York State, residing in Chemung County. 20. is a citizen of New York State, residing in Chenango County. 21. is a citizen of New York State, residing in Clinton County. 22. is a citizen of New York State, residing in Columbia County. 23. is a citizen of New York State, residing in Cortland County. 24. is a citizen of New York State, residing in Delaware County. 25. is a citizen of New York State, residing in Dutchess County. 26. is a citizen of New York State, residing in Erie County. 27. is a citizen of New York State, residing in Essex County. 28. is a citizen of New York State, residing in Franklin County. 29. is a citizen of New York State, residing in Fulton County. 30. is a citizen of New York State, residing in Genesee County. 31. is a citizen of New York State, residing in Greene County. 32. is a citizen of New York State, residing in Hamilton County. 33. is a citizen of New York State, residing in Herkimer County. 34. is a citizen of New York State, residing in Jefferson County. 35. is a citizen of New York State, residing in Kings County. 36. is a citizen of New York State, residing in Lewis County.

4 37. is a citizen of New York State, residing in Livingston County. 38. is a citizen of New York State, residing in Madison County. 39. is a citizen of New York State, residing in Monroe County. 40. is a citizen of New York State, residing in Montgomery County. 41. is a citizen of New York State, residing in Nassau County. 42. is a citizen of New York State, residing in New York County. 43. is a citizen of New York State, residing in Niagara County. 44. is a citizen of New York State, residing in Oneida County. 45. is a citizen of New York State, residing in Onondaga County. 46. is a citizen of New York State, residing in Ontario County. 47. is a citizen of New York State, residing in Orange County. 48. is a citizen of New York State, residing in Orleans County. 49. is a citizen of New York State, residing in Oswego County. 50. is a citizen of New York State, residing in Otsego County. 51. is a citizen of New York State, residing in Putnam County. 52. is a citizen of New York State, residing in Queens County. 53. is a citizen of New York State, residing in Rensselaer County. 54. is a citizen of New York State, residing in Richmond County. 55. is a citizen of New York State, residing in Rockland County. 56. is a citizen of New York State, residing in Saratoga County. 57. is a citizen of New York State, residing in Schenectady County. 58. is a citizen of New York State, residing in Schoharie County. 59. is a citizen of New York State, residing in Schuyler County.

5 60. is a citizen of New York State, residing in Seneca County. 61. is a citizen of New York State, residing in Steuben County. 62. is a citizen of New York State, residing in St. Lawrence County. 63. is a citizen of New York State, residing in Suffolk County. 64. is a citizen of New York State, residing in Sullivan County. 65. is a citizen of New York State, residing in Tioga County. 66. is a citizen of New York State, residing in Tompkins County. 67. is a citizen of New York State, residing in Ulster County. 68. is a citizen of New York State, residing in Warren County. 69. is a citizen of New York State, residing in Washington County. 70. is a citizen of New York State, residing in Wayne County. 71. is a citizen of New York State, residing in Westchester County. 72. is a citizen of New York State, residing in Wyoming County. 73. is a citizen of New York State, residing in Yates County. 74. The Parties listed in paragraphs above are not directly or indirectly employed by nor a retiree of the Executive, Legislative or Judicial Branches of the State of New York, are not directly or indirectly employed by nor a retiree any municipal subdivision of the State of New York, are not directly or indirectly employed by nor a retiree of any State or local public authority created or authorized by the Legislature of the State of New York, and are not directly or indirectly employed by nor a retiree of any organization that Lobbies the State of New York or any of its municipal subdivisions to further its interests. 75. The Parties listed in paragraphs above are not directly or indirectly employed by nor a retiree of any Political Party.

6 76. Under New York s Constitutional Republic, and for purposes of this Declaratory Judgment Action, the Parties listed in paragraphs are the PRINCIPAL. 77. is employed by the Executive Branch of the State of New York. 78. is indirectly employed by the Executive Branch of the State of New York. 79. is employed by the Legislative Branch of the State of New York. 80. is indirectly employed by the Legislative Branch of the State of New York. 81. is employed by the Judicial Branch of the State of New York. 82. is indirectly employed by the Judicial Branch of the State of New York. 83. is employed by a municipal subdivision of the State of New York. 84. is indirectly employed by a municipal subdivision of the State of New York. 85. is directly employed by a public authority authorized by the State of New York. 86. is indirectly employed by a public authority authorized by the State of New York. 87. is directly employed by an organization that lobbies the State of New York and/or one or more of its municipal subdivisions. 88. is indirectly employed by an organization that lobbies the State of New York. 89. is indirectly employed by an organization that lobbies a municipal subdivision of the State. 90. receives a taxpayer supported pension from the State of New York or one of its subdivisions.

7 91. receives a taxpayer supported pension from a municipal subdivision of the State of New York. 92. receives a taxpayer supported pension from a public authority authorized by the State of New York. 93. receives a pension form an organization that lobbied the State of New York and/or one or more of its municipal subdivisions. 94. The Parties listed in paragraphs above, and all those similarly situated are directly or indirectly employed by or retirees of the Executive, Legislative or Judicial Branches of the State of New York, are directly or indirectly employed by or a retiree of a municipal subdivision of the State of New York, are directly or indirectly employed by or a retiree of a State or local public authority created or authorized by the Legislature of the State of New York, and are directly or indirectly employed by or a retiree of an organization that Lobbies the State of New York or any of its municipal subdivisions to further its interests. 95. Under New York s Constitutional Republic, and for purposes of this Declaratory Judgment Action, the Parties listed in paragraphs 77 93, and all those similarly situated are the AGENT of the PRINCIPAL i.e., the People. STATEMENT OF FACTS 87. Article XIX of the NY Constitution mandates the following question appear on the statewide ballot on election day in November, 2017, Shall there be a convention to revise the Constitution and amend the same? At the general election to be held in the year nineteen hundred fifty-seven, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question Shall there be a convention to revise the constitution and amend the same? shall be submitted to and decided by the electors of the state;... NY CONSTITUTION, ARTICLE XIX, SECTION 2

8 88. The New York State Constitution thus provides a pathway for the PRINCIPAL, the People of New York State, to begin a process of peaceably putting their inherent, ultimate power of self-government into their own hands every twenty years by calling a New York State Constitutional Convention. 89. On information and belief, some legislators have suggested and bills have been introduced to put the question on the ballot before Should the People vote for a Constitutional Convention, Article XIX provides that three delegates be elected from each State Senatorial District and fifteen delegates be elected at large. and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. NY CONSTITUTION, ARTICLE XIX, SECTION 2 ARGUMENT 91. In 2017, or before, the free and sovereign People of New York State (the PRINCIPAL ), will have the opportunity to call a Constitutional Convention to evaluate the performance of their AGENT, those who directly or indirectly wield governmental power over them, and to restructure and redefine their relationship with the Agent based upon their experience, and to do so by amending and revising the New York Constitution through the Constitution s constitutional convention process. 92. The PRINCIPAL must now prepare for the upcoming ballot question.

9 93. An immediate issue faces the PRINCIPAL: the all-important, influencing issue of who the delegates to the convention should not be must be settled before the question appears on the ballot. 94. It would be the ultimate conflict of interest for the AGENT to vote on issues at a constitutional convention that was called by the PRINCIPAL, the purpose of which is to revise and amend the Rule Book that is designed to restrict, prohibit and mandate the activities of the AGENT, that is, the Rule Book that is designed to govern the government. 95. The AGENT is constitutionally restricted from serving as a Delegate at a constitutional convention, not by a plain reading of the Constitution, but by essential principles underlying America s Charter, the Declaration of Independence, and Her State and Federal Constitutions, including the essential principles of popular sovereignty, self-government and separation of powers. 96. Should the AGENT sit as Delegates at a Constitutional Convention the AGENT would be in control of both pathways to constitutional change provided by the Constitution: the AGENT S pathway and the PRINCIPAL S pathway. 97. Besides providing the PRINCIPAL with the opportunity to revise and amend the Constitution by a People s Constitutional Convention at least once every twenty years, the Constitution also provides the AGENT with the opportunity to revise and amend the Constitution by placing specific amendments on the ballot at any time. Any amendment or amendments to this constitution may be proposed in the senate and assembly whereupon such amendment or amendments shall be referred to the attorney-general whose duty it shall be within twenty days thereafter to render an opinion in writing to the senate and assembly as to the effect of such amendment or amendments upon other provisions of the constitution. Upon receiving such opinion, if the amendment or amendments as proposed or as amended shall be agreed to by a majority of the members elected to each of the two houses,

10 such proposed amendment or amendments shall be entered on their journals, and the ayes and noes taken thereon, and referred to the next regular legislative session convening after the succeeding general election of members of the assembly, and shall be published for three months previous to the time of making such choice; and if in such legislative session, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution on the first day of January next after such approval. Neither the failure of the attorney-general to render an opinion concerning such a proposed amendment nor his or her failure to do so timely shall affect the validity of such proposed amendment or legislative action thereon. NY CONSTITUTION, ARTICLE XIX, SECTION This action goes to the very heart of the meaning of self-government and the phrase found in the Declaration of Independence, which Declaration was incorporated in its entirety in New York s first Constitution (1777), to wit: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness -- That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its powers in such form as to then shall seem most likely to effect their safety and happiness. 99. In October of 1932, former President Calvin Coolidge and Alfred E. Smith (Governor of New York State and nominee for President in 1928) issued a joint statement of concern for America. It said: Unless the people, through a united action, arise and take charge of their government, they will find that their government has taken charge of them. Independence and liberty will be gone and the general public will find itself in a condition of servitude to an aggregation of organized and selfish ambitions. That was true then and it is still true.

11 100. The constitutional will and intent of the sovereign people of New York State to have the opportunity to take all of their power into their own hands at least once every twenty years, in order to evaluate the performance of their (governmental) agents and to restructure and redefine their relationship with their government based upon that twenty-year experience, and to do so by amending and revising the New York Constitution through the constitutional convention process in accordance with Article XIX of the New York Constitution, and Article IV, Section 4 of the United States Constitution would be violated if delegates to the state constitutional convention were, in fact, representing the sovereign people s agent, i.e., the government, including defendants and all those similarly situated. CONCLUSION 101.Plaintiffs respectfully request a final judgment and order: a) declaring it to be a conflict of interest for defendants and all those similarly situated to be delegates at a New York State Constitutional Convention, and b) for such other and further relief as to the Court may seem just and proper. DATED: November 17, 2012 (Below would be listed the names, addresses and phone numbers of each Plaintiff. Examples follow). JOHN SALVADOR, JR. ROBERT L. SCHULZ Pro Se Pro Se 2999 State Route 9L 2458 Ridge Road Lake George, NY Queensbury, NY (518) (518) The rest of the document would contain the Individual Verifications notarized by each Plaintiff as follows.

12 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) ) COUNTY OF ) ROBERT L. SCHULZ, being duly sworn, says: I am a plaintiff in the Declaratry Judgment Action herein; I have read the foregoing Verified Complaint dated November 17, 2012, and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief and as to those matters I believe them to be true. Sworn to before me this day of Nov, Notary Public ROBERT L. SCHULZ 2458 Ridge Road Queensbury, NY (518)