IN RE: HOFFA-HALL 2011, Protestor.
Protest Decision 2011 ESD 166
Issued: March 18, 2011
OES Case Nos. P-165-022211-NA & P-225-031511-NA
Hoffa-Hall 2011 filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protests alleged that: 1) as of February 19, 2011 "Gegare-Jones, Gegare-Ryder, Gegare-Slawson and Teresa Finke," and also Larry Brennan, had not filed Campaign Contribution and Expenditure Reports ("CCERs") due by the third period filing deadline;[1] and 2) as of March 15, 2011 "Gegare-Slawson and Gegare Jones have still not filed CCERs" for the third period.[2]
Election Supervisor representative Paul Dever investigated this protest.[3]
Findings of Fact
The third campaign finance reporting period for the International Union Delegate and Officer Election ended on January 31, 2011, and the CCERs filing deadline for that period was February 15, 2011. Rules, Article XI, Section 2(d)(iv). Of 42 known campaigns for IBT International office, 26 filed their CCERs and Supplemental Form #1 timely by the February 15th deadline and six filed both forms timely after requesting and receiving extensions of the filing deadline.
Three campaigns timely filed their CCER on or before the Rules' deadline, but filed the Supplemental Form #1 after the deadline and without an extension.
· Jerry Conner, a candidate for Central Region Vice-President on the Fred Gegare 2011 Fighting for the Members Slate ("Gegare Slate"), timely filed his CCER on February 3rd and filed his Supplemental Form #1 on February 19, 2011. Conner had filed CCERs in earlier reporting periods. Conner's reports state that he has not raised or spent any campaign funds.
· Jim Kabell, a candidate for Trustee on the Hoffa-Hall 2011 Slate ("Hoffa-Hall Slate"), timely filed his CCER on February 15th and filed his Supplemental Form #1 on February 22, 2011. Kabell's period #3 reports were his first CCER filings. His Supplemental Form #1 reports a $100 Legal and Accounting Fund contribution.
· George Miranda, a candidate for Eastern Region Vice-President on the Hoffa-Hall Slate, timely filed his CCER on February 15th and filed his Supplemental Form #1 on February 22, 2011. Miranda had filed CCERs in earlier reporting periods. His Supplemental Form #1 reports a $100 Legal and Accounting Fund Contribution.
Five campaigns filed past the deadline for reporting period #3 without first requesting an extension of time.
· Robert Ryder, a candidate for Eastern Region Vice-President on the Gegare Slate, filed his CCER and Supplemental Form #1 on February 24, 2011 without having requested an extension of time. Ryder had filed CCERs in earlier reporting periods. Ryder's reports state that he has not raised or spent any campaign funds.
· Teresa Finke, a candidate for Trustee on the Gegare Slate, filed her Supplemental Form #1 on February 23, 2011 (reporting no funds raised or expended) and thought she had also filed her CCER at the same time. When the error was called to Finke's attention on March 14, 2011, she promptly filed her CCER (also reporting no funds raised or expended). Finke's period #3 reports were her first CCER filings.
· George Tedeschi, a candidate for At-Large Vice-President on the Hoffa-Hall Slate, filed his Supplemental Form #1 on February 22, 2011 (reporting no funds raised or expended) and thought he had also filed his CCER at the same time. When the error was called to Tedeschi's attention on March 13, 2011, he promptly filed his CCER.
· Lawrence Brennan, a candidate for Central Region Vice-President, filed his CCER and Supplemental Form #1 on February 24, 2011 without having requested an extension of time. Brennan had filed CCERs in earlier reporting periods. Brennan's reports state that he has not raised or spent any campaign funds.
· Gordon Sweeton, a candidate for Central Region Vice-President on the Hoffa-Hall Slate, filed his CCER and Supplemental Form #1 on February 17, 2011 without having requested an extension of time. Sweeton had filed CCERs in earlier reporting periods.
Two campaigns have not filed the CCER or Supplemental Form #1 for reporting period #3.
· Tony Jones, a candidate for Central Region Vice-President on the Gegare Slate, has not filed the required forms for the third reporting period. Jones had filed CCERs in earlier reporting periods. The earlier-filed reports state that he had not raised or spent any campaign funds.
· Brad Slawson, a candidate for At-Large Vice President on the Gegare Slate, has not filed the required forms for the third reporting period. Slawson had filed CCERs in earlier reporting periods. The earlier-filed reports state that he had not raised or spent any campaign funds.
Of the ten individuals who filed at least one of the required reports late (including the two who have not filed anything), five were the subject of the Hoffa-Hall 2011 protests: Jones, Slawson, Ryder, Brennan and Finke. A copy of the protest was provided to each of them via their designated email address and, for those affiliated with the Gegare Slate, that slate's counsel also received notice of the protests. Of those five, only Jones and Slawson have yet to file any report for the third period.
The other five individuals are not the subject of any protest, but their late filings were noted in the course of investigating the protest that was filed.
Analysis and Remedy
Article XI of the Rules contains detailed provisions governing campaign finance reporting for the International officer election. Timely and complete filing and disclosure of campaign finance information have been required by the Rules since the 1991 election, and OES audits filed reports for compliance with the Rules program. This financial disclosure regime aims to ensure that International officer campaigns are conducted using only money and in-kind support as allowed by the Rules, and to support member confidence in the integrity of the election procedures.
Timely filing is important to allow for prompt review and the related prompt correction of errors or, if necessary, action to remedy a Rules violation. A similar protest filed after reporting period #2 analyzed late filings in that period and declined to impose fines or other remedial action because the late filings were promptly resolved and several campaigns were just getting underway. We noted that fines had been imposed in the past for tardy filing but cautioned for the future
that all candidates should act diligently to comply with the filing deadlines for the remaining reporting periods. Should a candidate be unable to meet any such 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).
Late filing of CCERs was the subject of protests in the 2006 International officer election. The Election Appeals Master emphasized the need to impose appropriate remedies for late filings, even in cases where a candidate had raised little money, to drive home to all candidates that timely filing is an essential part of the election process. Not imposing remedies in such a case
sends the unfortunate message that the CCER filing requirement of the Rules is nominal, trivial and not especially material to the integrity of the election process. Accordingly, the decision [not to impose a late filing penalty] must be reversed and vacated.
Hoffa 2006, 06 EAM 55 (July 11, 2006). In that particular case, a candidate for International office had failed to file CCERs and Supplemental Form #1 for two reporting periods. Hoffa 2006, 2006 ESD 331 (July 19, 2006). The Election Supervisor set a prospective fine of $250.00 per day if the candidate failed to file by a future deadline. The candidate filed ahead of the deadline and no fine was imposed. The filed CCERs showed cash and in-kind contributions of $532.11 for the two periods. Following the Election Appeals Master's direction, a late-filing penalty of 15% ($80.00) was imposed. The penalty rate was set at 7.5% for each of the missed reporting periods.
We now consider the third reporting period CCER filings in light of this history.
We GRANT the protests as to the five individuals identified in the Hoffa-Hall 2011 protest who did not file their CCERs by the deadline and who did not request any extension of time. For each week (or part of a week) that a CCER is late without the having first requested and received an extension of time, a $250 late filing penalty will be assessed.
Jones and Slawson are more than four weeks late with their filings. They have had notice of their failure to meet the deadline since it was posted on the CCERs log-in page since the deadline passed. Notice was also directed to them personally by service of this protest identifying them specifically as having failed to file timely, and through Gegare Slate counsel. They have, accordingly, had ample opportunity to eliminate the deficiency. Because they are more than four weeks late, the filing penalty is now $1,250.00 for each candidate, which must be paid to OES within two days of this decision. The late filing penalty will continue to increase with each passing week if campaign finance reports are not filed on or before March 22, 2011. We reserve decision on whether a further remedy will be imposed, as in a percentage of the funds raised, until after the candidates file their reports.
Ryder, Finke and Brennan each filed CCERs within the second week after the due date.[4] Accordingly, each of those candidates is required to pay a late filing penalty to OES of $500.00 (each) within two days of this decision. The filed reports of these candidates report that no funds were raised in reporting period #3. On that basis, no further remedy will be imposed on these candidates.
Three candidates (Conner, Kabell and Miranda) timely filed their CCERs but filed their Supplemental Form #1 late, and without an approved extension of time. Two candidates filed their reports late, Sweeton by two days and Tedeschi by seven days.[5] Unlike the other five, none of these individuals has had notice of this protest or an opportunity to submit any explanation or evidence relating to their late filing. Accordingly, Conner, Kabell, Miranda, Sweeton and Tedeschi each have seven days from the date of this protest to submit facts or argument to OES concerning their late filing, and the appropriateness of any remedy for that conduct. A further decision on those filings will issue after the individuals have had an opportunity to make their submissions.
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. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 166
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Hall 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Terry Jones
11479 Alspach Road
Canal Winchester, OH 43110
gonefishing413@gmail.com
Brad Slawson, Sr.
4502 176th Avenue, N.E.
Ham Lake, MN 55304
harleyrider0777@hotmail.com
Robert M. Ryder
2080 Clinton Road
Huntingdon Valley, PA 19006
bobmryder@gmail.com
Teresa Finke
11542 Southerland Drive
Walton, KY 41094
tresaa@hotmail.com
Lawrence Brennan
5252 Norton Road
Howell, MI 48843-9628
laurie337@sbcglobal.net
Jerry Conner
3113 Southland Road
Decatur, IL 62521
Gegareconner2011@gmail.com
Jim Kabell
4094 Highway UU
Miller, MO 65707
jkabell@millertel.net
George Miranda
65 Central Park West
Apartment 10 G
New York, NY 10023
bfmcculloch@aol.com
Gordon Sweeton
17718 West 86th Street
Lenexa, KS 66219
Sweeton2011@yahoo.com
George Tedeschi
3907 Arbor Crest Way
Rockville, MD 20853
geotedeschi@gmail.com
Paul Dever
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
pdever@ibtvote.org
Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
[1] As alleged in Case No. P-165-022211-NA.
[2] As alleged in Case No. P-225-031511-NA.
[3] Hoffa-Hall 2011 filed additional protests in Case Nos. P-167-022311-NA, P-179-022811-NA, P-197-030711-NA and P-198-030711-NA. These protests alleged that certain fundraising activity of candidates was either not reported or reported improperly on filed CCERs. Those allegations will be addressed by separate decision after OES auditors have completed investigation.
[4] Finke, making her first filing, thought she had filed the CCER on February 23, 2011 when she submitted her Supplemental Form #1. We have recognized that candidates new to the system do need time to familiarize themselves with its operation, and gain experience in using it. Hoffa-Hall 2011, 2011 ESD 46 at 3 (November 18, 2010). Accordingly, although the CCER was actually submitted later, we deem Finke's CCER filed at the same time as her Supplemental Form #1.
[5] Like Finke, Tedeschi erroneously believed he had filed his CCER on February 22, 2011 when he submitted his Supplemental Form #1.
