July 20, 1998
VIA UPS OVERNIGHT
James P. Hoffa
July 20, 1998
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Thomas W. Leedham
18763 South Highway 211
Molalla, OR 97038
David L. Neigus
Deputy General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa
July 20, 1998
Page 1
Re: Election Office Case No. PR-128-TLC-EOH
Gentlemen:
James P. Hoffa, a candidate for general president, 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”) against Tom Leedham, a declared candidate for general president. The protester alleged that Mr. Leedham is campaigning at remote and distant locations without any apparent means to pay for his campaign activity.
This protest was investigated by Director of Campaign Finance Leslie Deak.
The protester alleged that Mr. Leedham reportedly was campaigning in Wisconsin and Ohio in the month of June 1998. He alleged that Mr. Leedham’s Campaign Contribution and Expenditure Reports (“CCERs”) for the past three months report no campaign fundraising and, therefore, his must be financing the recent campaign activity with unreported or unlawful campaign contributions.[1]
James P. Hoffa
July 20, 1998
Page 1
Mr. Leedham’s most recent CCER, filed on June 15, 1998, reports on the period of May 1 through May 31, 1998. In this CCER, his campaign reports a balance of $5,483.95. This balance represents $4,500 that was contributed to Mr. Leedham in September 1997 and $1,000 that was contributed in December 1997. These contributions were reported in the appropriate CCERs. The only reported expenditure was for $16.05 made in December 1997 leaving the balance of $5,483.95. The protester has not contended that this amount is insufficient to conduct the campaign activity in question.
Although Mr. Leedham properly completed and submitted his CCERs to the Election Office, he neglected to serve copies on the Hoffa Slate and Stand Up Slate. Mr. Leedham stated that he believed the Carey Slate had been serving copies of slate members’ CCERs on the other slates. By June 28, 1998, Mr. Leedham served copies of all of his CCERs on the Hoffa Slate and Stand Up Slate.
Accordingly, this protest is hereby RESOLVED.
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,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
[1] After the completion of the investigation, the protester raised new allegations concerning Mr. Leedham’s use of union resources in his campaign trips in June. Because those allegations were not raised in either the body of the protest or in the course of investigation, they will not be included in this decision.