September 16, 1998
VIA FIRST-CLASS MAIL
James P. Hoffa
Hoffa Slate
September 16, 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
John Metz Slate
c/o Jim Smith
2833 Cottman Avenue
Philadelphia, PA 19149
Ernie Canelli
P.O. Box 75
Bingham, ME 04920
James P. Hoffa
Hoffa Slate
September 16, 1998
Page 1
Re: Election Office Case No. PR-263-ECC-EOH
Gentlemen:
James P. Hoffa, a candidate for general president, and the Hoffa Unity Slate 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 Ernie Canelli, a candidate for at-large vice-president. The protester alleged that Mr. Canelli failed to file his Campaign Contribution and Expenditure Report (“CCER”) for the period of July, 1998.
This protest was investigated by Director of Campaign Finance Leslie Deak.
Mr. Canelli stated that he resigned his position with the IBT and his membership on July 30, 1998, effective August 15, 1998. Due to his resignation from IBT membership, he is no longer eligible to be a candidate under Article VII, Section 1(a)(3) of the Rules. He stated that he received no campaign contributions and made no expenditures during the period. He further states that due to his resignation, he did not believe he was required to file a CCER.
James P. Hoffa
Hoffa Slate
September 16, 1998
Page 1
Under the Final 1996 IBT International Officer Rerun Election Plan (“Rerun Plan”), candidates must “file a monthly CCER on or before the fifteenth (15th) day after the end of each calendar month.” Rerun Plan, V.B.2.a. Mr. Canelli received a nomination for his candidacy on June 29, 1998, accepted this nomination on and affiliated with the Metz Slate. Mr. Canelli was a candidate beginning in July, 1998, and, therefore, must file a CCER for that month. Although the CCER was due on August 15, Mr. Canelli did not submit his completed CCER forms to the Election Office until September 14, 1998.
It is of the utmost importance that CCERs and Supplement Form No. 1 are timely filed. The Election Officer finds the delay in submitting these reports a serious violation of Article XII, Section 2 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) and Section VI of the Advisory on Campaign Contributions and Disclosure, revised November 1997. It is an abuse of the election process.
The protest is hereby GRANTED.
When the Election Officer determines that the Rules have been violated, he “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process. The Election Officer has previously imposed fines for late filings of CCERs. See Hoffa, P-770-LU743-EOH (June 21, 1996); Steger, P-827-IBT-EOH (Sept. 3, 1996) (candidate fined $500 for submitting CCERs in an untimely fashion).
The Election Officer orders Mr. Canelli to pay a fine of $50 to the Election Office, which amount will be used to fund the rerun election. Mr. Canelli is ordered to remit the fine to the Election Office within three (3) days of service of this decision.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In re Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
James P. Hoffa
Hoffa Slate
September 16, 1998
Page 1
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:mk
cc: Kenneth Conboy, Election Appeals Master