July 1, 1998
VIA UPS OVERNIGHT
James P. Hoffa
July 1, 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
Ken Hall, Director
Parcel and Small Package Trade Division
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Henry F. Murray, Esq.
Livingston, Adler, Pulda & Meiklejohn
557 Prospect Avenue
Hartford, CT 06105
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa
July 1, 1998
Page 1
Re: Election Office Case No. PR-132-KHC-EOH
Gentlemen:
James P. Hoffa, a candidate for International 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 Ken Hall, a declared candidate for International general president. Mr. Hoffa alleged that Mr. Hall failed to file his Campaign Contribution and Expenditure Report (“CCER”) and Supplement Form No. 1 for the period of April 1, 1998, through April 30, 1998.
This protest was investigated by Director of Campaign Finance Leslie Deak.
Mr. Hall’s CCER and Supplement No. 1 for the period of April 1998, were due on May 15, 1998. Mr. Hall received an extension, extending the due date to May 22, 1998. On May 22, 1998, Mr. Hall requested a second extension for filing until May 29, 1998. As of June 25, 1998, Mr. Hall still had not filed his CCER.
James P. Hoffa
July 1, 1998
Page 1
It is of the utmost importance that CCERs and Supplement Form No. 1 are timely filed. The Election Officer finds this delay in submitting these reports a serious violation of Article XII, Section 2 of the Rules and Section VI of the Advisory on Campaign Contributions and Disclosure, revised November 1997.
Accordingly, this protest is GRANTED.
When the Rules have been violated, the Election Officer “may take whatever remedial action is appropriate.” Rules, Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
In order to remedy this violation, the Election Officer orders Mr. Hall to pay a fine to the Election Office of three hundred dollars ($300) within five (5) days of this decision. The fine will be used to defray the costs of the rerun election.
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:
Kenneth Conboy, Esquire
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
MGC:chh
cc: Kenneth Conboy, Election Appeals Master