O'Brien-Zuckerman 2021, 2022 ESD 186
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: O'Brien-Zuckerman 2021, ) Protest Decision 2022 ESD 186
) Issued: April 6, 2022
Protestor. ) OES Case No. P-193-102021-NE
____________________________________)
The protest in this matter alleged that Bernadette Kelly had accepted campaign contributions from individuals who were not members, in violation of the Rules.
In O'Brien-Zuckerman 2021, 2021 ESD 169 (October 30, 2021), we ordered Kelly to show cause why contributions of 102 contributors should not be deemed impermissible contributions from nonmembers. In the interim, we ordered Kelly to remove those contributions totaling $3,002.50 from her campaign’s general account and place them in her campaign’s escrow account.
Kelly complied with both orders, timely moving the designated funds to her escrow account, and timely responding to the show cause order. Kelly demonstrated that $2,332.50 received from 87 individuals were permissible under the Rules. Of the remaining $680, received from a total of 15 individuals, the aggregate sum of $340 was received from 11 persons who told her they were members when they were not. The balance of $340 was received from 4 individuals about whom Kelly’s investigation as to their membership status was inconclusive.
In a second decision, O'Brien-Zuckerman 2021, 2021 ESD 176 (November 7, 2021), we ordered Kelly to refund the aggregate sum of $340 received from the 11 contributors who were not members. She complied.
We further ordered her to determine the membership status of the remaining 4 contributors who gave $340 in aggregate. Kelly attempted to do so but was unable to reach a conclusion. Accordingly, she refunded the contributions to those individuals.
In the second decision, we also reserved further remedy on the protest, including possible sanctions for accepting impermissible contributions, pending Kelly’s response to the show cause orders. We are satisfied that Kelly’s response to these orders has demonstrated an intention to comply with the Rules such that sanctions or other remedial steps are unnecessary.
Accordingly, we deem this matter RESOLVED without further order.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.com
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 186
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Ed Gleason, General Counsel
International Brotherhood of Teamsters
egleason@teamster.org
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Scott Jenkins
scott@oz2021.com
Bernadette Kelly
Bkelly.teamsterpower@gmail.com
Terry Flick
tflick@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com