Ahead of Bank of America CEO Ken Lewis' testimony before the House Committee on Oversight and Government Reform, we put together the top ten questions that employees, consumers, taxpayers and shareholders would like reporters and legislators to ask Ken Lewis.

"SEIU hopes members of the Committee are as tough on Ken Lewis as we would be if we could get him under oath and the bright lights," said SEIU Secretary-Treasurer Anna Burger.

Here are the top 10 questions to ask Bank of America CEO Ken Lewis:

1. How can you commit to pay for former Countrywide CEO Angelo Mozilo's legal defense--"a million a month" according to Bloomberg--while Bank of America announced layoffs for 35,000 employees and refuses cost-of-living raises for its lowest-wage workers?


2. Why do you nickel and dime your lowest paid workers (tellers earn $10.50/hour without access to affordable health insurance) at the same time you shower lavish perks and deals for executives and traders?


3. As Bank of America employees speak out about unpaid overtime and a predatory sales culture, what do you plan to do to improve employment practices?


4. 4. Given dismal economic performance, low-staff morale, and a core business model of pushing debt on consumers, what has Bank of America done to meet its stated goal of being "the world's most admired company?"


5. After reportedly receiving tax breaks, and more than $195 billion in bailouts, government guarantees, and taxpayer-funded healthcare for its workers, what is Bank of America's plan to reduce its dependence on the U.S. taxpayer?


6. After being bailed out by hard-working taxpayers facing the toughest economic times since the Great Depression, do you think it's right for Bank of America to lobby against laws that would helps working families--like the Employee Free Choice Act, healthcare reform, and credit card reform?


7. As you argue against any laws that would create greater transparency in the industry, could you tell us what other calamities on your books you are hiding? First it was the Merrill Lynch deal--what's the next shoe to drop?


8. During your time as CEO, at what point did cutting costs and gouging customers with unnecessary products and skyrocketing fees become more important than customer satisfaction?


9. At a time when people are struggling, have you considered lowering banking and overdraft fees that are already higher than many other non-bailed-out banks?


10. Why do you create incentives for Bank of America employees to push further debt on customers?

"Ken Lewis was at the center of Bank of America's disastrous 'bigger at any cost' model of banking," said SEIU Secretary Treasurer Anna Burger. "Today, as Bank of America stock prices have dropped by more 90 percent and after the bank received access for up to $195 billion in taxpayer bailout funds, workers, consumers and taxpayers are footing the bill for Ken Lewis' failed gamble."

"Now, Bank of America workers have started speaking out and demanding change. Enough is enough. It's time for Bank of America and Ken Lewis to do what's right and spell out steps to become a partner for America's families instead of a toxic asset."

Something remarkable happened yesterday. A majority of Bank of America's shareholders voted to oust Ken Lewis as Chairman of the company's board.

This is huge.

Shareholders cast an unprecedented vote of no confidence on Ken Lewis' leadership at Bank of America. It's the first step to real accountability at the financial giant.

Watch this video about yesterday's news and what we did around the country this week in support of accountability at Bank of America.

After weeks of advocating for major reforms at Bank of America we delivered more than 90,000 signed "taxpayer proxy cards" to the shareholder meeting yesterday. Allies like MoveOn.org, Brave New Films, True Majority, and many others were instrumental in the success of our actions.

Let's be clear: what happened yesterday is just the first step towards holding Bank of America accountable. Shareholders delivered a major vote of no confidence, but there's much more to be done.

While Ken Lewis is out as chairman of the board, he still remains the CEO of Bank of America. That's why we're calling on CEO Ken Lewis and new BofA Chairman Walter E. Massey to immediately implement these changes:

1. Commit to real financial reform
2. Stop consumer abuses and predatory lending practices that hurt communities
3. Provide bank workers access to affordable healthcare
4. Stop lobbying against pro-worker legislation like the Employee Free Choice Act to ensure bank workers have a voice on the job to protect consumers.

But for today, take a moment to watch this video about your efforts and what we've accomplished in the last several days. Click here to watch and tell your friends:

http://action.seiu.org/page/invite/hugenewsbofa

Thanks for all you've done to reform Bank of America. Our work is just beginning. We're glad to have you on board.

It seems as though the vote to oust Bank of America CEO Ken Lewis and other board members is "too close to call," according to the Wall Street Journal.

Bank of America Corp. has delayed the release of a shareholder vote on whether Chairman and CEO Ken Lewis can keep both his jobs.

At the company's annual meeting Wednesday, bank executives said they needed more time to tally the votes for the 11 proposals that were put to a shareholder vote. That includes the election of the Bank of America board as well as a shareholder proposal to strip Mr. Lewis of his chairman's title.

The company said it was aiming to release the votes later Wednesday.

This is highly unusual for a corporate shareholder meeting, to say the least. It's particularly unusual given how contentious these shareholder resolutions are for the future of the bank's board's composition.

When pressed by a shareholder for specifics on the results of the tally, Lewis curtly responded:

"I don't know what the issue is," Lewis says. "We're not hiding anything."

Well, Mr. Lewis, no one said you were hiding anything - shareholders just want to know when their votes will be counted and announced.

It's worth noting as well that Bank of America will not separate the votes actually cast by shareholders from those that brokers cast on shareholders' behalf without shareholder input (so-called "broker non-votes") in announcing a final tally. A corporate governance expert from Yale says this is like "legalized ballot stuffing."

And even with those non-votes counted in the total, it's "too close to call." Stay tuned.

2:05: Ken Lewis adjourned the meeting. Four hours long. Wow, one hell of a meeting!

2:02: A shareholder pointed out that many shareholders were not able to get into the hall where the meeting is being held because of the large number of associates that were in there. He asked Ken Lewis or "any future CEO" to make sure there is ample room for anyone so that shareholders don't miss out on the meeting.

2:00: A shareholder asked if the bank had any idea when the vote results would be released. BofA responded that it would be as soon as possible, and likely some time today.

1:49: The bank has mentioned the rebranding of Countrywide a few times now. Countrywide is now "Bank of America Home Loans". I look forward to seeing if they change more than just the name. Countrywide, after all, was investigated by the FBI, the U.S. Justice Department, and multiple state attorney general offices in 2008 for predatory lending and securities fraud, and has become the poster child for the subprime crisis.

1:36: Amy from Rainforest Action Network (RAN) is slamming BofA for recently having financed five companies that participate in mountaintop coal removal. She also points out that while the bank recently adopted a policy on mountaintop coal removal last year, RAN is concerned with the way the bank is interpreting the policy.

1:30: Several shareholders have commented on BofA's environmental policies. A North Carolina woman just asked the bank to reconsider financing a coal-fired bank that is slated to open in her county. Rainforest Action Network has taken the bank on for its environmental policies and was part of the coalition around yesterday's national taxpayer day of action.

1:27: A shareholder commented about being hit by BofA's high fees. Seems like shareholders are feeling the pain just like the millions of working families who are customers of the bank.

1:15: A shareholder asks Lewis to quantify, on a scale of one through ten, the likelihood of additional shareholder dilution this year. Lewis says he cannot do so and points to the government's stress tests for guidance. Well, the Wall Street Journal yesterday reported that preliminary stress test results indicate a multi-billion dollar capital shortfall at the bank. Analysts say the shortfall could be up to $70 billion.

1:05: And as for vote results... because of the large volume of the votes cast, the company is unable to announce final vote results. Results will be announced in a press release once they become available. The floor is now open for questions.

1:04: Lewis thanks everyone and tries to wrap things up on a warm and fuzzy note.

12:57: Lewis says that as the nation's largest bank, there is "little difference" between BofA shareholders' interests and the country's interests. True, given that the country's taxpayers are the bank's largest shareholders. But what if the stress tests show that it is in the country's interest to give the government a controlling stake in the bank? Will Lewis and the bank's other private shareholders still happily go along with the country's best interest?

12:50: Ken Lewis assures us that the decision to go through with the Merrill deal even as the company revealed losses that wiped out the last ten years' profits at the firm "was not about a selfish desire to keep our jobs."

12:45: Joe Price financial presentation is over. Ken Lewis is up now.

12:44: BofA's projection of the bank's "potential net income" relies on Countrywide profits from 2003, Merrill Lynch profits from 2004, and the bank's own profits from 2005. Is it realistic to say that profits from four to six years ago, before the economic bust, can tell us anything useful about the taxpayer-dependent company going forward in a recession?

12:31: Joe Price talks about the bank's three franchise strengths: earnings, liquidity, & capital. Earnings, which were propped up this quarter by accounting tricks; liquidity, which is elusive in the current environment; and capital, of which the bank is facing a multi-billion dollar shortfall. These are your core strengths?

12:25: Polls are closed, concluding the official business of the meeting. CFO Joe Price is now presenting on the company's financials.

12:23: Lewis clarifies that he only made $1.5 million last year, no bonus. One shareholder suggests that he donate his $1.5 million to local schools in Charlotte.

12:18: Evelyn Davis is back up making the argument that if we don't pay executives enough, then they will pick up and go somewhere else. Well, would that really be the worst thing in the world? These guys have crashed the economy. Frankly, I'd be happy to see the likes of Ken Lewis go.

12:13: The Indiana Laborers Pension Fund also has a proposal on executive compensation. Another shareholder is asking Lewis detailed questions about his own 2008 bonus. Lewis cuts her off and testily says, "the board recommends a vote against this proposal."

12:08: The AFL-CIO Reserve Fund had a resolution asking BofA to sign onto principles endorsing healthcare reform. She pointed out that even though BofA argues that this is beyond the company's purview, other major companies like American Express and Goldman Sachs have already endorsed similar principles. True to form, "the board recommends a vote against this proposal."

12:03: Moving onto a shareholder proposal around predatory credit card lending practices. A representative from the Community Reinvestment Association of North Carolina (CRA-NC) presenting the proposal. He pointed to a Philadelphia Inquirer editorial saying that the current business model is to try to trap customers into a cycle of debt where they can't pay it back. He said this is by definition predatory, and it is also bad for the bank. Makes sense to me--after all, aren't unsustainable debt levels a key culprit in the current economic crisis? And, of course, "The board recommends a vote against the proposal."

11:58: A shareholder asks that Lewis explain himself in saying why the board recommends voting against all of these proposals, instead of just decreeing it from above. She also asks if the board's recommendation was unanimous on all of these issues.

11:54: Presenting on a proposal that requires BofA board to appoint an independent Chairman of the Board of Directors. "Mr. Lewis, Mr. Sloan, and our entire board of directors betrayed the trust and the confidence placed in you by the owenrs of the company...The board needs to make some changes that will bring true independence back into the board room." Lewis' response: "The board recommends a vote against the proposal."

11:52: Michael Garland from CtW Investment Group, presenting on a proposal giving major shareholders the right to call special shareholder meetings: "The vote against you may be the highest vote ever against a sitting CEO" at one of the nation's top companies. Ouch. Again, "The board recommends a vote against the proposal."

11:48: Bill Patterson from CtW Investment Group presented on an advisory proposal on executive compensation. He pointed out that the significant vote at this meeting against the current board has been fueled by the $3.6 billion Merrill Lynch bonuses, and BofA management's "significant role" in structuring those bonuses, despite initial denials. Lewis responded, "The board recommends a vote against the proposal."

11:40: A shareholder says that if people aren't happy with their investments in BofA, they should move on and take their money out of the bank. Hello?! We can't. Taxpayers are the largest shareholder in the bank and we can't pull our money out until BofA turns this ship around.

11:30: Shareholder Mrs. Evelyn Davis: "Countrywide is our toxic asset and we have to get rid of them."

11:23: Shareholder Francis Murray, a banker who owns some 66,000 shares, suggests a novel idea of "cost control" for the board. Specifically, he asked why Director Gifford spent $1 million of BofA money using the corporate jet. Lewis responded that Gifford could not be here today. What, couldn't get the corporate jet to fly him out? Lewis went on to say that they try to keep board compensation on par with other major companies. Do other major companies have taxpayers on the hook for up to $200 billion?

11:12: A shareholder asks, "If we don't have Ken, who do we have?" Um, someone else--anyone else--who hasn't cost the bank 75% of its shareholder value over the last year? Someone who hasn't made disastrous decisions that have left taxpayers on the hook for up to $200 billion. Hell, I know many people who are in the hunt for a job these days!

11:05: After an hourlong grilling session, Lewis sounds like he finally might be getting ready cut the discussion so that they can move on to the business at hand. Yeah, because responding to your shareholders questions about your performance isn't business to big bank CEOs.

10:59: A shareholder probed Lewis about a December email to the BofA board suggesting that they did not want public disclosure around Merrill's losses and possible government assistance for the bank. Lewis shot back that he can't say more because of all the shareholder lawsuits against the company. His exact words: "If you'd like to know more, withdraw your lawsuit." The shareholder responded that he hadn't filed any lawsuits against the company.

10:52: Yet another shareholder (sorry for not being able to keep track of names, folks) asked Ken Lewis to shed light on the stress tests and the rumors that BofA may have to be nationalized. Ken Lewis' response to the appeal for more information? To ask for the next question.

10:49: Another shareholder is asking, "What happened to due diligence" when it came to Merrill Lynch? The response from the bank: they had not anticipated the credit meltdown that happened in the fourth quarter. Even as Lehman was collapsing and rumors were swirling around WaMu and Wachovia, BofA could not anticipate the credit meltdown? Even after the meltdown was already in full swing, they could not anticipate it? If BofA can't "anticipate" something that is already happening, then the problem goes way beyond due diligence.

10:47: A shareholder just told Ken Lewis, "Your decisions are responsible for our insolvency... Good sir, your system has failed and the time has to come to move on." He also suggests bringing back Glass-Steagall, which separated commercial and investment banking, that was gutted in 1999. A wise idea, to say the least.

10:41: A shareholder is asking the board how it can ask to keep its job if it doesn't have the guts to say no to the government. A director responded that they didn't make their decision based on the government's threat against their jobs, and that the shareholder had her facts wrong. New York Attorney General Andrew Cuomo's investigation suggests otherwise.

10:27: Bill Patterson from the CtW Investment Group asked if BofA would separate the votes actually cast by shareholders from those that brokers cast on shareholders' behalf without shareholder input (so-called "broker non-votes") in announcing a final tally, especially because the SEC may change rules on this questionable practice early next year. The Charlotte Observer had a great story on this earlier this week. A BofA director responded that they intended to count these votes anyway, which a corporate governance expert from Yale says is like "legalized ballot stuffing."

10:25: Ken Lewis said the bank intends to repay TARP funds and is working with regulators to do so. Really, Ken? Because the Wall Street Journal reported yesterday that BofA faces a capital shortfall of billions of dollars. An analyst puts the shortfall at up to $70 billion, and a Financial Times story today notes that BofA is even considering converting the government's preferred stock to common stock, a move that could be seen as a first step towards receivership. So really, is it completely realistic to say that you can pay the funds back soon?

10:20: A shareholder of 26 years is giving a spiel about how Ken Lewis has her full confidence and his detractors need to give the mergers more time because all the mergers in the past have always worked themselves out. Well, have they? Of course experts say that it was CEO Ken Lewis' appetite for empire-building itself that got him into this mess, so all those mergers that 'worked out' have brought us where we are today. The bank is weighed down with LaSalle's commercial loans, Countrywide's mortgage loans, and Merrill's toxic assets.

I'll be liveblogging Bank of America's annual shareholder meeting starting at 10am EST. Stay tuned here for commentary and analysis on the meeting in which Ken Lewis' fate at Bank of America will be decided by shareholders. We are following on the live webcast on BofA's website.

If you're in Charlotte, NC today, be on the lookout for this giant, moving billboard: