May 12, 1999
VIA FIRST-CLASS MAIL
Charlie Gardner
May 12, 1999
Page 1
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Charlie Gardner Campaign Headquarters
3224 Highway 67 East, Suite 105
Mesquite, TX 75150
Aaron Belk
6502 Poplar Corner
Walls, MS 38680
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street NW
Washington, D.C. 20009
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX XXX-XX-XXXX
Patrick J. Szymanski, Esq.
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, D.C. 20001
Charlie Gardner
May 12, 1999
Page 1
Re: Election Office Case No. SR-19-MG
Gentlemen:
Charlie Gardner, a member of Local Union 745 and a candidate for Southern Region Vice-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 Doug Mims, a candidate for Southern Region Vice-President. The protester alleges that Mr. Mims’ Campaign Contribution and Expense Report (“CCER”) filed on April 30, 1999 shows that Mr. Mims contributed personal funds to his campaign in excess of the $5,000 limit.
The protest was investigated by Regional Coordinator Maureen Geraghty.
The reported contributions questioned by the protester are Mr. Mims’ payment for his own travel expenses as a candidate. The payment for these expenses is reported on the CCER as an in-kind contribution.
Charlie Gardner
May 12, 1999
Page 1
On January 22, 1997, the Election Officer issued an Advisory on Campaign Contributions (“Advisory”), which stated that a candidate’s payment of his or her own campaign travel expenses from personal funds should be reported as an in-kind contribution, but that such expenditures would not count against the contribution ceiling. This Advisory was provided to Southern Region Rerun Election candidates as part of the information packet on CCER reporting. The investigation here confirmed that the reported costs involved Mr. Mims’ own travel as a candidate.
The investigator contacted the protester’s counsel and explained the Advisory and its application to the facts here. After that explanation, the protester withdrew the charge.
The protest is therefore considered 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
cc: Kenneth Conboy, Election Appeals Master
Maureen Geraghty, Regional Coordinator