IN RE: HOFFA-HALL 2011, Protestor.
Protest Decision 2011 ESD 175
Issued: March 23, 2011
OES Case Nos. P-165-022211-NA & P-225-031511-NA
In Hoffa-Hall 2011, 2011 ESD 166 (March 18, 2011), we found that Brad Slawson, Sr., candidate for International Union office, violated the Rules by failing to file his CCER and Supplemental Report #1 for the third reporting period by the established deadline. On March 20, 2011, we stayed the remedial order directed to Slawson pending completion of an investigation and consideration of additional evidence Slawson brought to our attention in the wake of the March 18 decision. Hoffa-Hall 2011, 2011 USD 167 (March 20, 2011). That investigation is now complete. For the reasons set forth below, we modify the remedy in 2011 ESD 166 to vacate the order that Slawson pay a late-filing fine of $1,250.00.
Candidates file Campaign Contribution and Expenditure Reports ("CCERs") using a computer program developed for OES. Servers under the control of OES hold the program and data, and candidates access the system to input their data and file reports. OES only accepts reports through the electronic filing system.
The CCERs program records each time an authorized account accesses the system and creates a log of the activities and any faults that occur during a session. Slawson's record shows two logins under his account on February 15, 2011, one at 9:14:01 pm and the other at 9:24:29 pm. As stated in 2011 ESD 166, OES did not receive a filed CCER or Supplemental Form #1 from Slawson on February 15. No system faults were recorded on that date.
Slawson has now completed the filing of his CCER and Supplemental Form #1. Both reports state that Slawson has not raised or expended any campaign funds in reporting period #3.
Slawson stated that he believed he had filed the reports for period #3 as required by the deadline date of February 15. Our investigator reviewed with Slawson what, exactly, he had done in the February 15 sessions reflected in the CCERs activity log. We conclude that Slawson attempted to file his CCER and Supplemental Form #1 timely. He failed in that attempt because he was trying to accomplish the filing from the wrong program page. Where the CCERs program log independently corroborates activity consistent with an attempt to file timely and the late filing is the product of an unintentional mistake, OES may give the candidate the benefit of the earlier date. See Hoffa-Hall 2011, 2011 ESD 166 n. 4 and n. 5 (March 18, 2011). We do so here, and determine that no penalty should be assessed against Slawson for the late filing.
We do not change the remedy ordered as to Tony Jones. There is no evidence of any attempt at filing for reporting period #3, timely or otherwise. The CCERs login record show that Jones's account was used most recently on November 3, 2010 - the date he filed his amended Supplemental Form #1 for reporting period #2.
We reiterate the importance of filing campaign finance reports. The disclosures are significant even if, as in this case, the reports for a period show no funds raised or expended. Every member declared as a candidate must have a CCER account. It cannot be assumed that a member running for International Office has no financial activity in connection with campaigning. If a report is not filed, there is no indication whether a candidate has raised and spent money, or not. Thus, even reports of no financial activity are significant because they constitute a representation that the candidate is not receiving support from prohibited sources. Accordingly, whether a CCER or Supplemental Form #1 shows a lot of activity, a little activity, or no activity, timely filing is necessary for OES to oversee compliance with contribution limits.
The CCER program includes features that tell filers if a report has actually been filed.[1] Upon the successful filing of a CCER or Supplemental Form #1, the screen displays the message "This report has been submitted." That can be doubly confirmed by the filer. When a candidate selects the "Create CCER" or "Create Supplemental Form 1" under the reports tab, and then selects a reporting period, the screen will display the message "This report has not been submitted" if the CCER database has no record of submission. If a report has been submitted, the screen will display the message "Print Original Report" (and "Print Amended Report" if there is an amended filing) on an active button that allows viewing of the report as submitted with the date of submission on it. Candidates should refresh and read the report screen after submission. If the candidate believes that a report has been submitted, but the screen displays the "not been submitted" message, the candidate should contact OES to resolve any filing problem.
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 175
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 43110-9539
Gonefisihing413@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 86thStreet
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] After each filing deadline, OES lists on the CCER login screen the campaigns and candidates that have filed timely, those that have not, and those that have requested and received extensions. Candidates should check the login screen and contact OES if they believe their status is not shown correctly.
