Delinquent CCER Reports of Kevin Moore, 2021 ESD 127

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: DELINQUENT CCER                   )           Protest Decision 2021 ESD 127

      REPORTS OF KEVIN MOORE,         )           Issued: June 19, 2021

                                                            )          

Candidate for IBT                            )

General President                             )

____________________________________)

In Delinquent CCER Reports of Kevin Moore, 2021 ESD 123 (June 10, 2021), we ordered Kevin Moore, declared candidate for IBT General President, to comply with his obligation under the Rules to file the Campaign Contribution and Expenditure Report and Supplemental Report No. 1 for periods 2 and 3, as defined in Article XI, Section 2(d).  We ordered that Moore complete these filings no later than June 17, 2021.  We also ordered that Moore show cause why he should not be fined and/or disqualified from candidacy for his delinquency with respect to his required reports.

Moore filed his reports for periods 2, 3, and 4 by June 15, 2021 (the period 4 reporting deadline).  The reports showed no activity in fundraising or expenditures when compared with the reports for period 1, which were filed on or about July 1, 2020.  Moore also responded timely to the order to show cause, providing an explanation for his failure to file the period 2 and 3 reports timely.  In support of his “no activity” reports, Moore’s written response to the order to show cause also presented an explanation for why he had not raised funds in periods 2, 3, and 4. 

In Hoffa-Hall 2016, 2016 ESD 158 (April 1, 2016), we noted that “[t]imely filing of required CCER reports is important to allow for prompt review and the related prompt correction of errors or, if necessary, action to remedy a Rules violation.”  The Rules require “[e]very Union member who is a candidate for International office” to file CCER reports, Article XI, Section 2(a)(1), and, historically, candidates who have not raised or expended funds in a reporting period have filed “no activity” CCER reports without prompting. 

We have imposed fines in the past for tardy filing.  Should a candidate be unable to meet any filing deadline, he/she should contact our office and request an extension of time in which to file.  Such extensions may be granted only for good cause shown.  Hoffa-Hall 2011, 2011 ESD 46 (November 18, 2010).

            Moore has now complied with the filing requirements of Article XI for the current International officer election cycle.  Because of his past non-compliance, we order Moore to pay a fine of $250 to the Office of the Election Supervisor no later than Wednesday, June 23, 2021.  This fine is strictly remedial in nature and is intended to deter further Rules violations in this regard and to encourage prompt compliance with future reporting requirements.  The fine is limited to $250 based on Moore’s timely reply to the show cause order and his filing of the past-due reports.  We conclude further based on these filings that it is unnecessary at the present time to order Moore disqualified from candidacy for International office.  Moore is cautioned to insure he complies with all Article XI reporting requirements applicable to his candidacy.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision.  Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i).  All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Barbara Jones

Election Appeals Master

IBTappealsmaster@bracewell.com

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, all within the time prescribed above.  Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision.  A copy of the protest must accompany the request for hearing.

                                                                  Richard W. Mark

                                                                  Election Supervisor

cc:        Barbara Jones

            2021 ESD 127

DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):

Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

braymond@teamster.org

Edward Gleason

egleason@gleasonlawdc.com

Patrick Szymanski

szymanskip@me.com

Will Bloom

wbloom@dsgchicago.com

Tom Geoghegan

tgeoghegan@dsgchicago.com

Rob Colone

rmcolone@hotmail.com

Barbara Harvey

blmharvey@sbcglobal.net

Kevin Moore

Mooregp2021@gmail.com

F.C. “Chris” Silvera

fitzverity@aol.com

Fred Zuckerman

fredzuckerman@aol.com

Ken Paff

Teamsters for a Democratic Union

ken@tdu.org

Jeffrey Ellison

EllisonEsq@gmail.com