May 20, 1999
VIA FIRST CLASS MAIL
Doug Mims
May 20, 1999
Page 1
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Aaron Belk
6502 Poplar Corner
Walls, MS 38680
Charlie Gardner Campaign Headquarters
3224 Highway 67 East,
Suite 105
Mesquite, TX 75150
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street, NW
Washington, D.C. 20009
James L. Hicks, Esq.
Suite 1100, 2777 N. Stemmons Freeway
Dallas, TX XXX-XX-XXXX
Patrick J. Szymanski, Esq.
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, D.C. 20001
Doug Mims
May 20, 1999
Page 1
Re: Election Office Case No. SR-24-MG
Gentlemen:
Doug Mims, a member of IBT Local 728 and a candidate for Southern Region Vice-President, filed a pre-election protest pursuant to Article XIV, § 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") against Charlie Gardner, who is also a Southern Region Vice President candidate. The protester alleges that Charlie Gardner's Campaign Contribution and Expense Report ("CCER") filed on April 29, 1999, fails to report expenditures for legal or accounting services despite the fact that Charlie Gardner's campaign is using the services of Attorney James L. Hicks.
The protest was investigated by Regional Coordinator Maureen Geraghty.
The April 1999 CCER submitted by Charlie Gardner does not contain any in-kind contributions or expenditures for attorney James L. Hicks' legal services. Mr. Hicks is presently finalizing his legal bills for the legal work he performed on Charlie Gardner's campaign. After Attorney Hicks' legal bills are finalized, Mr. Gardner will file an amended CCER reflecting legal expenditures or in kind contributions.
Doug Mims
May 20, 1999
Page 1
The investigator contacted the protester and explained that Mr. Gardner intended to file an amended CCER after he receives attorney Hicks' legal bill. After receiving the 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 (1) one 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
855 Third Avenue, Suite 1000
New York, NY 10002
Fax: (212) 751-4864
Copies of the requests for a hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, D.C. 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
Maureen Geraghty, Regional Coordinator