September 18, 1998
VIA FIRST CLASS MAIL
James P. Hoffa
September 18, 1998
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Tom Leedham
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
David E. Scheim
P.O. Box 10023
Blacksburg, VA XXX-XX-XXXX
James P. Hoffa
September 18, 1998
Page 1
Re: Election Office Case No. PR-249-TLC-EOH
Gentlemen:
James P. Hoffa, a candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2 (b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Tom Leedham, the Tom Leedham Slate and David E. Scheim. Mr. Leedham is a candidate for general president opposing Mr. Hoffa. Mr. Scheim is a retired employee of the U.S. Public Health Service. Mr. Hoffa alleged that Mr. Scheim improperly contributed to Mr. Leedham’s campaign. Mr. Leedham and Mr. Scheim denied the allegation.
The protest was investigated by Election Office Counsel David S. Paull.
Mr. Scheim admits that on August 18, 1998, he passed out copies of a flyer supporting the candidacy of Tom Leedham in the state of Virginia. The flyer was entitled “Keep the Mob OUT of your pockets” and was subtitled “Vote For Reform Candidate Tom Leedham.” According to Mr. Scheim, he distributed a similar flyer at worksites in North Carolina, Indiana and Pennsylvania during the period beginning August 19, 1998 and ending August 26, 1998. Mr. Scheim further states:
James P. Hoffa
September 18, 1998
Page 1
This activity was performed solely on my initiative, solely using my own funds, based upon my longstanding concern for limiting the influence of organized crime in the United States. I have never had any contacts with the Leedham or Hoffa campaigns or any employer.
The flyers were drafted and prepared by Mr. Scheim at his own expense.
The Rules define a “campaign contribution” as “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate.” Under the Rules as modified by the 1996 IBT International Officer Rerun Election Plan (“Rerun Plan”), the receipt of campaign contributions from any non-IBT members, inactive members or former members, including retirees, is prohibited. However, the Rerun Plan at Section II.H. permits non-members and retirees to volunteer their services to an election campaign where specific conditions exist:
A non-member may volunteer personal services to a campaign without making a contribution if the individual is not compensated by anyone for such services and the services are not within the individual’s regular business, work or income-producing activity.
Moreover, the Advisory on Campaign Contributions (Revised November 1997) at 13 further states, “In relation to a volunteer’s services, the volunteer’s use of supplies or services provided by a person or entity other than the volunteer personally or by the candidate, slate or committee, also transforms the value of the services into a campaign contribution.” (Emphasis supplied.)
The evidence shows that Mr. Scheim is retired from all income-producing activities. Mr. Scheim further denies that he has been compensated by the Leedham Campaign or any other person or entity. Indeed, Mr. Scheim personally drafted the prepared the flyers at his own expense. No contrary evidence has been submitted and there is no evidence to show that Mr. Scheim is an employer. Mr. Scheim’s activities on behalf of Mr. Leedham’s candidacy between August 18 and August 26, 1998, did not, therefore, violate the Rules.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
James P. Hoffa
September 18, 1998
Page 1
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master