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Office of the Election Supervisor for the International Brotherhood of Teamsters

              May 12, 1999




Charlie Gardner

May 12, 1999

Page 1


Doug Mims

1645 Brantford Drive

Tucker, GA 30084


Charlie Gardner Campaign Headquarters

3224 Highway 67 East, Suite 105

Mesquite, TX 75150


Aaron Belk

6502 Poplar Corner

Walls, MS  38680


Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street NW

Washington, D.C. 20009

James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway



Patrick J. Szymanski, Esq.

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, D.C. 20001

Charlie Gardner

May 12, 1999

Page 1


Re:  Election Office Case No. SR-19-MG




Charlie Gardner, a member of Local Union 745 and a candidate for Southern Region Vice-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  Doug Mims, a candidate for Southern Region Vice-President.  The protester alleges that Mr. Mims’ Campaign Contribution and Expense Report (“CCER”) filed on April 30, 1999 shows that Mr. Mims contributed personal funds to his campaign in excess of the $5,000 limit.


The protest was investigated by Regional Coordinator Maureen Geraghty.


The reported contributions questioned by the protester are Mr. Mims’ payment for his own travel expenses as a candidate.  The payment for these expenses is reported on the CCER as an in-kind contribution. 

Charlie Gardner

May 12, 1999

Page 1



On January 22, 1997, the Election Officer issued an Advisory on Campaign Contributions (“Advisory”), which stated that a candidate’s payment of his or her own campaign travel expenses from personal funds should be reported as an in-kind contribution, but that such expenditures would not count against the contribution ceiling.  This Advisory was provided to Southern Region Rerun Election candidates as part of the information packet on CCER reporting.  The investigation here confirmed that the reported costs involved Mr. Mims’ own travel as a candidate.


The investigator contacted the protester’s counsel and explained the Advisory and its application to the facts here.  After that explanation, the protester withdrew the charge.


The protest is therefore considered RESOLVED.


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


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.







Michael G. Cherkasky

Election Officer


cc:              Kenneth Conboy, Election Appeals Master

Maureen Geraghty, Regional Coordinator