•ONAL O J . CAPUAN O 

JAMES R. O'C0NNELL(DC«M0) 

ROBERT MATISOFF 

JOYC E A. MADER 

SALLY M. TEDROW 

BRIAN A. POWER S 

JOH N L. BOHMA N 

FRANCIS J . MARTORANA (DC. MD & v«) 

NICHOLAS R. FEMIAIPCAPA) 

ELLEN O. BOARDMA N 

CHARLES W. GILLIGAN (pcaLMOi 

LOUIS P. MALON E III 

JOHNLEAR Y 

MARY C. FELLER pe a PA| 

JOH N R. HARNEY (oe. MD ft VA) 

RICHARD HOPP (DC • MD) 

GERARD M . WAITES (DC a PA) 

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KEITH R. BOLEK iDcaMO) 

DAVID D. CAPUANO (PAONLV) 

CATHERINE R. FAYETTE 

AARON D. LLOYD (DcaMDi 

SCOTT M . SEEDORF 

JASO N MCGAUGHY 

ALIAKBAR T. ESFAHANI (DcaMO) 

DIPALA.SHA H 

October 4,2010 

MARTIN P. O'DONOGHUE 

Cl902-1973) 

PATRICK C . O'DONOGHUE 

(1930-1979) 

JOSEP H P. BOYLE 

(1954-1998) 

By Email and Overnigfat DeliveryMr. Joseph F. Stoltz 

Assistant StaffDirector 

Audit Division 

Federal Election Conunissibn 

999 E Street, NW 

Washington, D.C. 20463 

Re: United Association Political Education Committee (United Association of 

Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of 

the United States and Canada) 

FECIPNO.C00012476 

Dear Mr. Stoltz: 

This firm is legal counsel to the United Association of Journeymen and 

Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada 

("United Association"). This letter is provided to you on behalf of the United 

Association and the United Association Political Education Committee (UAPEC), a 

separate segregated fund established by the United Association, and its Treasurer, Mr. 

William P. Hite. UAPEC is responding to your agency's Interim Audit Report 

accompanying your September 9,2010 letter. 

UAPEC has taken the following actions that it believes complies with the 

recommendations contained in your report. 

Fmding 1. Excessiye Contributions to Candidates and Other Political Conunittees 

UAPEC makes one preliminary statement with respect to Finding 1. The report 

states that "a majority of the excessive contributions were the result of UAPEC not 

tracking contributions made by its affiliates." UAPEC does want to make clear that it did 

have certain procedures in place, albeit not foolproof, to track contributions by affiliated 

committees. Throughout the years, UAPEC has on several occasions requested its 

affiliates in writing to advise it of contributions they make to federal candidates and 
Ms. Joseph Stoltz. FEC Audit Division 

October 4,2010 

Page 2 of5 

UAPEC often called those affiliates whose PACs are organized within a state where a 

candidate was seeking office, prior to making a contribution to that candidate, to 

ascertain whether a contribution was made by the affiliate. However, neither UAPEC nor 

it sponsor controls these affihates' day-to-day operations noi do either have access to 

their records. As my client has now leamed, these procedures had limitations. Your 

Agency provided iiseful suggestions during the audit process to enhance UAPEC's 

monitoring of these affiliate contributions. UAPEC has now adopted additional measures 

to eliminate, or at least minimize as much as reasonably possible, the likelihood that 

excessive contributions will be made in the future. 

With respect to the Report's recommendation that UAPEC continue to .seek 

refunds of excessive contributions, UAPEC has taken the following actions with fhe 

following results: 

(1) Kathy Dahlkemper, 2008 Congressional candidate - excessive contribution of 

$225. UAPEC sent a letter seeking a refund on or about June 7,2010. 

Response: UAPEC received a check from the candidate in the amount of $225 on 

or about July 1, 2010 and deposited it on July 9, 2010. See pages 5 and 6 and 

marked entry on page 2 of Exhibit 2. 

(2) Democratic Executive Committee of Florida - excess contribution of $5,000. 

UAPEC sent a letter seeking a refund on or about Jime 7,2010. 

Response: UAPEC received a check ftom party committee in the amount of 

$5,000 on or about June 23, 2010 and deposited it on July 9, 2010. See pages 7 

and 8 and marked entry on page 2 of Exhibit 2. 

(3) Mike Doyle, 2008 Congressional candidate - excess contribution of $500. UAPEC 

sent a letter seeking a refund on or about June 7,2010. 

Response: UAPEC received a check ftom the candidate in the amount of $500 on 

or about June 13, 2010 and deposited it on July 9, 2010. See pages 9 and 10 and 

marked entry on page 2 of Exhibit 2. 

(4) Daniel Maffei, 2008 Congressional candidate - excess contribution of $1,000. 

UAPEC sent a letter seeking a refund on or about June 7,2010. 

Response: UAPEC received a check from the carididate in the amount of $1,000 

on or about June 16, 2010 and deposited it on July 9, 2010. See pages 11 and 12 

and marked entry on page 2 of Exhibit 2. 

(5) Missouri Democratic State Committee ("MDSC") - excess contribution of $5,000. 

UAPEC sent a letter seeking a refund on or about June 7,2010. 
Ms. Joseph Stoltz. FEC Audit Division 

October 4,2010 

Page 3 of5 

Response: The MDSC responded by facsimile dated June 16, 2010 advising that 

no refund is necessary because the $10,000 contribution was split with $5,000 

deposited in the MDSC's federal account and $5,000 deposited in its non-federal 

account. See response with enclosures at pages 13-17 of Exhibit 2. On or before 

October 8, 2010, UAPEC will amend its October 2008 FEC Form 3X, Schedule B 

to reflect this split. 

(6) James Martin, 2008 Congressional candidate - excessive contribution of $10,000. 

Candidate retumed $5,000 contribution in March 2009. UAPEC sent a letter 

seeking a refund of the balance on June 7,2010. 

Response: Candidate responded that there may be no overpayment as 

contributions from the UAPEC may have been split between his campaign fund 

and his multi-candidate fund. In any event, he states that his campaign filed a final 

report with the Federal Election Commission indicating a zero balance in his 

campaign account.. Therefore the $5,000 balance has not been refunded. See 

Exhibit 2, page 4.* 

(7) William Foster, 2008 Congressional candidate - excessive contribution of $10,000. 

UAPEC sent letters seeking a refund on or about February 17, 2009 and June 7, 

2010. 

Response: No response and no refund. UAPEC recently sent a third request to 

this candidate by letter dated October 1,2010.^ 

(8) Laura Richardson, 2008 Congressional candidate - excessive contribution of 

$5,000. UAPEC sent letters seeking a refimd on or about February 17, 2009, May 

9,2009 and June 7,2010. 

Response: No response and no refund. UAPEC recently sent a fourth request to 

this candidate by letter dated October 1,2010. 

(9) Jim Slattery, 2008 Congressional candidate - excessive contribution of $5,000. . 

UAPEC sent letters seeking a refund on or about November 10, 2008 and June 7, 

2010. 

Response: No response and no refund. UAPEC recently sent a third request to 

this candidate by letter dated October 1,2010. 

Letter responses and bank deposit slips and stateinent - provided for the puipose of confirming that 

refiinds were received and deposited - are enclosed as Exhibit 1. 

^ All recent letters sent by UAPEC on October 1,2010, to candidates requesting refiinds are enclosed with 

this letter as Exhibit 2. 
Ms. Joseph Stoltz. FEC Audit Division 

October 4,2010 

Page 4 of 5 

(10) Harry Teague, 2008 Congressional candidate - return of $5,000 - letter was sent 

on March 25, 2009, seeking to re-designate to debt reduction however, maximum 

contribution to the general election had already been made. UAPEC sent a letter 

seeking a refund on or about June 7,2010. 

Response: No response and no refund. UAPEC recently sent a another request 

to this candidate by letter dated October 1,2010 

(11) Pete Visclosky, 2008 Congressional candidate - excess contribution of $500. 

UAPEC sent a letter seeking a refund on or about June 7,2010. 

Response: No response and no refund. The UAPEC recently sent another 

request to this candidate by letter dated October 1,2010 

Finding 2. Failure to FUe Notices and Properly Disclose Independent Expenditures. 

UAPEC has established a new procedure to properly disclose independent 

expenditures on Schedules E and/or D and to track aggregation and dissemination for 

both the 24 and 48-hour notice requirements. A copy of this procedure with a tracking 

form is attached as Exhibit 3. • 

Finding 3. Failure to Properly Disclose Transfers from Affiliated Committees 

UAPEC is in the process of amending its reports to properly disclose the transfers 

from affiliated committees on Schedule A, Line 12, Transfers from Affiliated/Other Party 

Committees and barring technical issues with respect to filing these amended reports, 

anticipates that this process will be completed by October 8,2010. 

UAPEC believes it has complied with all the recommendations set forth in the 

Interim Report. If the agency believes, however, that this is not the case, please notify 

me so that I can discuss with my client any further action that UAPEC should take in 

response to the Interim Report. UAPEC has iio further response to the Interim Report but 

refers you to my June 10,2010 letter for UAPEC's response to your initial audit report. 

Ifyou need any additional information or have any questions please feel free to contact 

me. 

SincCTdy, 

Francis J. Martorana 

Enclosures 

cc: William P. Hite 
Ms. Joseph Stoltz. FEC Audit Division 

October 4,2010 

Page 5 of 5 

Patrick R. Pemo 

Rick Terven, Sr. 

James R. O'Cormeil, Esq. 

200842 1.D0C