MUR #5268
DISTRICT COUNCIL OF CARPENTERS (KY)Summary
RESPONDENTS: Kentucky State District Council of Carpenters; Barger, Steve; Byers, Monte; Carpenters Legislative Improvement Committee United Brotherhood of Carpenters and Joiners; Fleitz, Joseph Michael; Forbis, Dan; Indiana-Kentucky Regional Council of Carpenters, successor-in-interest to the KSDCC; Landers, Jerry; Mitchell, Don; Schulz, Thomas
COMPLAINANTS: Timmel, Karen M., Esq.; Office of the Attorney General (KY)
SUBJECT: Contributions-Labor Unions; Contributions-In the name of another
DISPOSITION: The Commission decided by a vote of 6-0 to approve the following actions in MUR 5268:
1.Accept the signed conciliation agreement with the Kentucky State District Council of Carpenters and the Indiana-Kentucky
Regional Council of Carpenters, as successor-in-interest, J. Stephen
Barger, Donald Mitchell and Thomas Schulz, as recommended in
General Counsel's Report #4 dated September 20, 2004.
2.Approve the appropriate letters, as recommended in the General
Counsel's Report #4 dated September 20, 2004.
3.Close the file.
Commission decided by a vote of 5-0 to take the following actions in MUR 5268: (1) Find probable cause to believe that the Kentucky State District Council of Carpenters, Steve Barger, Don Mitchell, and Tom Schulz knowingly and willfully violated 2 U.S.C. § 441b(a) and 11 CFR §§ 114.2(f) and 110.6(b)(2)(ii). (2) Find probable cause to believe that the Kentucky State District Council of Carpenters violated 2 U.S.C. § 431(9)(B)(iii). (3) Enter into conciliation with KSDCC and/or any other related or successor organization subject to liability for the violations. (4) Approve the appropriate conciliation agreements for KSDCC, Steve Barger, Don Mitchell, and Thomas Schulz. (5) Grant the Office of General Counsel contingent authority to file a civil suit in federal district court against Steve Barger, Don Mitchell, Tom Schulz, and the Kentucky State District Council of Carpenters and/or any other related or successor organization subject to liability for the violations. (6) ............... REDACTED ............... (7) Admonish the following committees for apparently accepting prohibited in-kind and/or facilitated contributions from KSDCC and close the file as it pertains to them: Alexander for Congress and Anne Watkins, as treasurer; Baesler for Senate Committee and Michael Foley, as treasurer; Baesler for Congress and Michael Foley, as treasurer; Tom Barlow for Congress and Clyde Elrod, as treasurer; Conway for Congress and Scott Karen, as treasurer; Gore/Lieberman Inc. and Jose Villarreal, as treasurer; Gorman for Congress and Edwin Olliges, Jr., as treasurer; Eleanor Jordan for Congress and Christal Williams, as treasurer; Lucas for Congress and Steve Cauthen, as treasurer; Brian Roy for Congress and Tim Miller, as treasurer; Scorsone for Congress and Laurence T. Summers, as treasurer; Lois 2002 U.S. Senate Committee and Lois Weinberg, as treasurer. (8) Take no further action against Jerry Landers, Dan Forbis, and Mike Fleitz and close the file as it pertains to them. (9) Take no further action against Carpenters Legislative Improvement Committee United Brotherhood of Carpenters and Monte Byers, as treasurer, and close the file as it pertains to them. (10) Revise the recommendations of the General Counsel's Office and the Commission's findings to reference the Indiana-Kentucky Regional Council of Carpenters, as successor - in- interest to the Kentucky State District Council of Carpenters, where appropriate; ............... REDACTED ............... (11) Approve the appropriate letters.
Decided by a vote of 6-0 to take the following actions in MUR 5268: 1. Authorize deposition subpoenas for Steve Barger, Don Mitchell, Thomas Schulz, ............... REDACTED ............... 2. Approve the appropriate letters, as recommended in the General Counsel's Report dated July 17, 2003.
Decided by vote 6-0 to: (1) Open a MUR;
(2) Find RTB that the Kentucky State District Council of Carpenters knowingly and willfully violated 2 U.S.C. 441b and 2 U.S.C. 441f.
(3) Find RTB that Steve Barger, Don Mitchell, and Thomas Schulz, as officers of the Kentucky State District Council of Carpenters, knowingly and willfully violated 2 U.S.C. 441b and 2 U.S.C. 441f.
(4) Take no action at this time against Eleanor Jordan for Congress and Christal Williams, as treasurer.
(5) Find RTB that Carpenters Legislative Improvement Committee United Brotherhood of Carpenters and Joiners and Monte Byers, as treasurer, violated 2 U.S.C. 441b and 2 U.S.C. 441f.
(6) Take no action at this time against Daniel Forbis, Jerry Landers, or Mike Fleitz.
(7) Approve the appropriate Factual and Legal Analyses, subject to any necessary revisions based on the Commission's findings.
(8) Approve the Subpoenas to Produce documents and Orders to Provide Written Answers to Kentucky State District Council of Carpenters, Steve Barger, Don Mitchell, Thomas Schulz, and Carpenters Legislative Improvement Committee United Brotherhood of Carpenters and Joiners and Monte Byers, as treasurer, as recommended in the General Counsel Report dated April 16, 2002.
(9) Approve the appropriate letters, as recommended in the General Counsel Report dated April 16, 2002.
Disposition
| Disposition | Penalty | Respondent | Citation |
|---|---|---|---|
| Conciliation: Probable Cause | $297,000.00 | Barger, Steve |
2
U.S.C.
§431(9)(B)(iii)
2 U.S.C. §441b(a) 2 U.S.C. §441f 11 CFR 110.6(b)(2)(ii) 11 CFR 114.2(f) |
| Indiana-Kentucky Regional Council of Carpenters, successor-in-interest to the KSDCC | |||
| Kentucky State District Council of Carpenters |
2
U.S.C.
§431(9)(B)(iii)
2 U.S.C. §441b(a) 2 U.S.C. §441f 11 CFR 110.6(b)(2)(ii) 11 CFR 114.2(f) |
||
| Mitchell, Don |
2
U.S.C.
§431(9)(B)(iii)
2 U.S.C. §441b(a) 2 U.S.C. §441f 11 CFR 110.6(b)(2)(ii) 11 CFR 114.2(f) |
||
| Schulz, Thomas |
2
U.S.C.
§431(9)(B)(iii)
2 U.S.C. §441b(a) 2 U.S.C. §441f 11 CFR 110.6(b)(2)(ii) 11 CFR 114.2(f) |
||
| Dismissed-Other | Forbis, Dan | ||
| Landers, Jerry | |||
| Fleitz, Joseph Michael | |||
| Reason to Believe Finding/No Further Action | Byers, Monte |
2
U.S.C.
§441b
2 U.S.C. §441f |
|
| Carpenters Legislative Improvement Committee United Brotherhood of Carpenters and Joiners |
2
U.S.C.
§441b
2 U.S.C. §441f |
Documents
Participants
| Relationship | Name |
|---|---|
| Primary respondent | Kentucky State District Council of Carpenters |
| Previous respondent | Barger, Steve |
| Byers, Monte | |
| Carpenters Legislative Improvement Committee United Brotherhood of Carpenters and Joiners | |
| Fleitz, Joseph Michael | |
| Forbis, Dan | |
| Indiana-Kentucky Regional Council of Carpenters, successor-in-interest to the KSDCC | |
| Landers, Jerry | |
| Mitchell, Don | |
| Schulz, Thomas | |
| Complainant | Office of the Attorney General (KY) |
| Timmel, Karen M., Esq. | |
| Respondent's counsel | Berkowitz, Paul T. |
| Johnson, William E., Esq. | |
| Rubin, Corey A., Esq. |