January 15, 1998
VIA UPS OVERNIGHT
Gene Moriarty
January 15, 1998
Page 1
Gene Moriarty
c/o Ron Carey Campaign
Post Office Box 77067
Washington, DC 20013
Jon L. Rabine, President
Teamsters Joint Council 28
553 John Street
Seattle, WA 98109
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Richard Brook, Esq.
Cohen, Weiss and Simon
330 West 42nd Street
New York, NY 10036
Gene Moriarty
January 15, 1998
Page 1
Re: Election Office Case No. PR-050-IBT-EOH
Dear Gentlemen:
Gene Moriarty
January 15, 1998
Page 1
Gene Moriarty, a member of Local Union 677, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that only the cover page and the CCER Summary of Jon Rabine’s CCER was sent to the Carey Campaign and that the Carey Campaign did not receive Supplemental Form No. 1 for the legal and accounting funds. The protester notes that the CCER Summary reports the following totals: 1) $30,180 in campaign contributions; 2) $23,126.64 in expenditures; and 3) $16,086.49 as the account balance at the end of the reporting period. In light of these figures, the protester notes there is a difference of approximately $7,000 between contributions and expenditures, while Mr. Rabine has reported an account balance that is approximately $9,000 more than the difference in contributions and expenditures. The protester contends that Mr. Rabine must explain the source of the additional $9,000 in his account.
The protest was investigated by Election Office Representative Kathryn A. Naylor.
A review of Mr. Rabine’s CCER confirms that the totals noted above by the protester are correct. The $16,086.49 reported on the CCER for balance at the end of the period represents the exact amount that was available in Mr. Rabine’s account on November 19, 1997, the last day of the reporting period. This figure does not correspond to the difference between Mr. Rabine’s contributions and expenditures because: 1) Mr. Rabine’s CCER reports all contributions received by his campaign as of November 19, 1997;[1] however, some of these contributions were not deposited in Mr. Rabine’s account as of November 19, 1997;[2] and 2) the CCER reports some checks for expenditures that were not processed or cleared by the bank as of November 19, 1997.[3]
The protester notes that the Hoffa Slate’s CCER does not report receipt of a $10,000 donation/transfer from Mr. Rabine’s account. The Hoffa slate received the check for $10,000 after November 19, 1997, and has reported it on the CCER for the period ending December 31, 1997.
Mr. Rabine sent the entire original CCER upon receipt of the protest. Due to his misunderstanding of the requirements, he originally sent only the cover sheet and the summary to the other slate representatives. Mr. Rabine has sent the amendments to this CCER and Supplemental Form No. 1 to opposing slate representatives.
Accordingly, this protest is RESOLVED.
Gene Moriarty
January 15, 1998
Page 1
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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,
Michael Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
[1]This amount includes $18.49 in funds received from the initial election. On December 5, 1997, this amount was withdrawn and sent to the Hoffa campaign to retire debt.
[2]Mr. Rabine has amended his CCER to indicate that $30,160 in contributions were received by his campaign, not $30,180. The original CCER reported Larry Nickell contributing $40 for rally fees, when he actually only contributed $20.
[3]Schedule B of Mr. Rabine’s original CCER reported: 1) withdrawals/expenditures made from the campaign account; and 2) expenditures that were made by Mr. Rabine with personal funds or his personal credit card. Mr. Rabine has amended Schedule B to show only withdrawals/expenditures that were made from his campaign account, and has submitted Schedule C, Part 2 to show the expenditures made by Mr. Rabine personally as a loan since Mr. Rabine was reimbursed by the campaign for these expenditures.