November 18, 1997
VIA UPS OVERNIGHT
Gene Moriarty
November 18, 1997
Page 1
Gene Moriarty
41 Pine Street
Watertown, CT 06795
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Patrick J. Szymanski, Esq.
Baptiste & Wilder, P.C.
1150 Connecticut Ave., NW
Suite 500
Washington, DC 20036
Dede Hill, Esq.
Cohen, Weiss and Simon
330 West 42nd Street
New York, NY 10036
Bradley T. Raymond, Esq.
Finked, Whitfield, Sedlik,
Raymond, Farriery & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Gene Moriarty
November 18, 1997
Page 1
Re: Election Office Case No. PR-026-JHC-EOH
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Gene Moriarty, a member of Local Union 677, against James P. Hoffa and the Hoffa Campaign. Mr. Moriarty alleges that two ex-members of the IBT financially contributed to a Hoffa Campaign fundraiser in violation of the Rerun Plan. The Hoffa Campaign responds that the protest is untimely. As to the allegations, they state that both persons attended the fundraiser, but did not give improper contributions.
This protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
The protest was received by the Election Office on November 4, 1997. The protester states that he first became aware of the violation on October 31. On that date, Al Shuler, a retired IBT member, notified Mr. Moriarty that on October 28 he had heard about the fundraiser from an acquaintance, Doug McCauley, an active member of Local Union 445. Mr. McCauley had been present at the fundraiser for the Hoffa Campaign, which was held at the Brookside Manor in Wallkill, N.Y. on the evening of October 19, 1997.
Gene Moriarty
November 18, 1997
Page 1
The Rules, at Article XIV, Section 2(b), state, "Except as otherwise provided . . . all preelection protests . . . must be filed within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived."
The requirement to promptly file protests is an important part of the election process. The short time limits were designed to ensure that alleged violations of the Rules would be quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy in the event a violation is found. Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction.
The fundraiser took place on Sunday, October 19, 1997. Mr. Shuler became aware of the potential violation in a conversation with Mr. McCauley on Tuesday, October 28, but did not advise Mr. Moriarty about it until Friday, October 31. By filing the protest with the Election Office by Tuesday, November 4, Mr. Moriarty met the two working day limitation for filing imposed by the Rules.
Mr. Shuler was unable to file a protest on October 28 due to his status as an IBT retiree. The Election Officer notes that Mr. Shuler’s three days of hesitation in informing an active IBT member of the allegations at issue comes very close to constituting an unreasonable delay in filing. The expedited pace of the rerun election dictates that no party or individual can sit on their rights. In these circumstances, however, the Election Officer finds that the protest is not untimely.
The fundraising event was attended by approximately 400 people. Tickets could be purchased prior to the event and cost $40. According to Mr. Shuler, Mr. McCauley told him that two non-IBT members, Ted Daley and Ernie Souls, had attended the event. The Election Officer has determined that both Mr. Souls and Mr. Daley did attend the fundraiser. During the investigation, Mr. McCauley stated that he had purchased a ticket for Mr. Daley, a retired member of Local Union 445. He added that Mr. Daley attended the fundraiser as his guest, that he was not reimbursed for the ticket and that he did not witness Mr. Daley purchasing any campaign paraphernalia or making any financial contributions while at the fundraiser. Nothing in the Rules prohibits an active member from purchasing a block of tickets and distributing them to whomever they wish. The protester has presented no evidence to show that Mr. Daley made any improper contributions. With respect to Mr. Souls, the Election Officer has determined that he is an active member of Local Union 560 and is entitled to contribute to the Hoffa Campaign.
For the above reasons, the protest is DENIED.
Gene Moriarty
November 18, 1997
Page 1
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Benetta M. Mansfield
Interim Election Officer
BMM:chh
cc: Kenneth Conboy, Election Appeals Master