July 22, 1998
VIA UPS OVERNIGHT
James P. Hoffa
July 22, 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
Sergio Lopez, Secy. - Treas.
Teamsters Local Union 912
163 West Lake Avenue
Watsonville, CA 95076
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa
July 22, 1998
Page 1
Re: Election Office Case No. PR-133-SLC-EOH
Gentlemen:
James P. Hoffa, a candidate for International general president, and the Hoffa Slate filed a pre-election protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Sergio Lopez, a candidate for International vice president at-large, and Ken Mee, a candidate for Western Region vice - president. Mr. Hoffa alleged that Messrs. Lopez and Mee failed to report any expenditures for legal services connected with their appeal of the Election Officer’s decision in In re Carey Slate, PR-035-EOH (April 27, 1998), aff’d, 98 - Elec. App. - 348 (KC) (May 15, 1998), aff’d in part, United States v. IBT, __ F. Supp. __, 88 Civ. 4486 (S.D.N.Y. 1998).
Mr. Lopez responded that Ken Hall, formerly an announced candidate for general president and co-appellant, reported the legal expenses for both of them. Mr. Mee responded that he received no bill for services until June 1998 and, therefore, is not required to report expenditures until July.
This protest was investigated by Director of Campaign Finance Leslie Deak.
James P. Hoffa
July 22, 1998
Page 1
On April 27, 1998, the Election Officer issued his decision in In re Carey Slate. His decision was appealed to the Election Appeals Master Kenneth Conboy by numerous parties, including Messrs. Mee and Lopez. Mr. Mee appealed with William Carothers, a member of Local Union 299, and both were represented by Attorney Barbara Harvey. Mr. Lopez appealed with Ken Hall, and both were represented by Attorney Henry Murray. Ms. Harvey and Mr. Murray both filed briefs on behalf of their respective clients and appeared at the hearing held on May 11, 1998.
On May 15, 1998, the Election Appeals Master affirmed the decision of the Election Officer. Mr. Mee and Mr. Carothers appealed his decision to the District Court for the Southern District of New York. On their behalf, Ms. Harvey filed a notice of appeal and supporting brief, and a reply brief.
Mr. Murray stated that, while he represented both Mr. Lopez and Mr. Hall, his expenses were billed to Mr. Hall’s campaign. Mr. Hall’s Campaign Contribution and Expenditure Report (“CCER”) for May 1998 reflects an in-kind contribution for legal services from Mr. Murray’s firm in the amount of $7,015. Additionally, Mr. Hall’s CCER includes an extension of credit from Mr. Murray’s firm for legal services in the amount of $11,358.45. It appears, therefore, that reasonable expenses for Mr. Murray’s services in the appeal process have been reported.
Mr. Mee stated that he and Ms. Harvey had no agreement for compensation for her services. On June 24, 1998, he received a statement from her for her services for the appeals. Mr. Mee stated that he intends to report her services as an in-kind contribution to his legal and accounting fund on Supplemental Form No. 1 to his CCER. He had not reported the contribution as of the date of the protest because his report for the month of June is not due until July 15, 1998.
Accordingly, this protest is hereby 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:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax: (212) 751-4864
James P. Hoffa
July 22, 1998
Page 1
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