ELECTION APPEALS MASTER
IN RE: LUCIO REYES, Protestor.
10 Elec. App. 9 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2010 EAD 59 issued December 22, 2010. The appeal was submitted by Rome Aloise, a candidate for election to IBT Vice President - West Region and a member of the Hoffa-Hall 2011 Slate.
A hearing was held before me on January 5, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor; David J. Hoffa, Esq. on behalf of the Hoffa-Hall Campaign, Christie Bailey for the Hoffa Campaign 2011; Bill Sokol, Esq. representing Hoffa-Aloise Campaign, Barbara Harvey representing Teamsters for a Democratic Union and Rome Aloise.
Rome Aloise, the appellant herein, does not challenge the Election Supervisor's factual findings and conclusions of law in this matter. This is clear from his appeal statement dated December 24, 2010 and the supplemental appeal statement of William A. Sokol, Counsel to the Hoffa-Aloise 2011 Campaign, dated January 3, 2011 and confirmed during the appeal hearing. It is the imposed remedy that is the basis and focus of the appeal.
The violation found involved the sending by the Hoffa-Aloise Campaign of certain campaign materials to identified union members to their addresses at Local 608's union hall, and other union locals. These materials were sent by Ron Horner, campaign manager of the Hoffa-Aloise Campaign. The basis for the finding of Rules violation is the use here of union resources and facilities (the union hall as a single and fixed mail reception point) to further campaign outreach and fund raising objectives.
The remedy, objected to on appeal, has five components: a) the return by the Hoffa-Aloise Campaign of $25,705.00 in campaign contributions b) a fine imposed upon the campaign of $3,856.00 c) the suspension of the campaign's manager Ron Horner for thirty days d) the posting of a webpage notice describing the violation and e) a Cease and Desist order.
The webpage notice and Cease and Desist order are entirely routine components in violations cases under the Rules, and will not be disturbed. The stay with respect to the Cease and Desist order is hereby vacated.
The return of the campaign contributions, the fine, and the suspension are said by the appealing parties to be unwarranted because of "lack of willfulness and the obscurity of the rule in question." Position statement of Hoffa-Aloise Campaign 2011 at 1.
Disposing of the latter claim first, it must be said that asserting that running a campaign fund-raising operation through a union hall mail room is somehow murky and obscure after twenty years under these Rules, borders on pettifoggery.
Addressing the question of lack of willfulness, it must be said that the record indeed supports, as an explicit matter, no evidence of willfulness. However, that does not end the matter. There is in law the broad notion of reckless disregard for the common and ordinary prudence and responsibility imposed by a regime of law, as under our Rules. There is an imposed obligation that all candidates and their staffs will adequately inform themselves of what is plainly and explicitly expected in respect for and deference to the Rules.
But beyond such expectations, the Election Supervisor has documented previous problematic behavior in connection with improper use of union resources by this appellant and this campaign manager.
Accordingly, the remedy imposed by the Election Supervisor in this matter is in all respects affirmed. Horner's 30 day suspension will commence five (5) business days after the date of this order.
SO ORDERED:
_/s/_______________________
Kenneth Conboy
Election Appeals Master
Dated: January 11, 2011