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DIPALA.SHA H 

December 7,2010 

MARTIN F. O'DONOGHUE 

(1902-1873) 

PATRICK C O'DONOGHUE 

(1930-1979) 

JOSEP H P. BOYLE 

(1954-1998) 

By Email and Ovemigfat Delivery 

Mr. Joseph F. Stoltz 

Assistant StaffDirector 

Audit Division 

Federal Election Commission 

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) 

FECIDNO.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 and the Commission, on behalf of 

the United Association and the United Association Political Education Committee 

(UAPEC), a separate segregated fimd established by the United Association, and its 

Treasurer, Mr. William P. Hite. UAPEC is responding to your agency's Draft Final Audit 

Report accompanying your November 19,2010 letter. 

UAPEC is waiving its right to a hearing but would like to present, for the record, 

the following response to the Report and its findings and recommendations. 

Finding 1. Excessiye Contributions to Candidates and Other Political Conmiittees 

UAPEC acknowledges that excessive contributions were made as set forth in the 

Report. UAPEC however, takes issue with the following statement on page 5 of the 

report under Finding 1: "A majority of fhe excessive contributions were the result of 

UAPEC not tracking contributions made by its affiliates." UAPEC believes this 

statement is misleading and wishes to offer further explanation. UAPEC did have certain 

procedures in place, albeit not foolproof, to track contributions by affiliated committees. 
Ms. Joseph Stoltz. FEC Audit Division 

December 7,2010 

Page 2 of 3 

Throughout the years, UAPEC has on several occasions requested its affiliates in writing 

to advise it of contributions they make to federal candidates and UAPEC often called or 

otherwise communicated with 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. Hiese procedures did timely 

identify many contributions made by affiliates. However, neither UAPEC nor it sponsor 

controls these affiliates' day-to-day operations nor do either have access to their records. 

Therefore, identifying affiliate contributions can be a difficult and challenging process. 

The Agency's Audit Staff provided useful 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. 

Please note that pursuant to its written request to candidates who . received 

excessive contribution, on today, December 7, 2010, UAPEC received a refimd of $500 

firom Pete Visclosky, 2008 Congressional candidate. To date the outstanding excessive 

contributions that have not been refunded or properly re-designated consist of $25,000 in 

contributions to six candidates. UAPEC requests that the record reflect that UAPEC has 

affirmatively been seeking refunds fi'om diese candidates, with many of the written 

requests for refunds having first been made several months prior to the audit, in late 2008 

or early 2009. UAPEC respectfully requests that no further action be taken with respect 

to this Finding and Recommendation. 

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

. UAPEC wants to make clear that it did understand the 24-hour and 48 hour 

independent expenditure notice requirement but was not able to identify an earlier 

dissemination date. Because of tiie nature of the expenditure - yard signs, mini 

billboards, shirts, hats etc. - UAPEC was unable to know precisely when these materials 

are disseminated to the public. Unlike a broadcast, it is not possible for a committee to 

know precisely when this type of material is disseminated. The material is not typically 

disseminated on the date the material is received at UAPEC headquarters, the date the 

material is sent to the affiliates or the date the material is sent to members of the 

restricted class. These materials are disseminated, if at all, for public consumption on 

multiple unknown dates when for example, a shirt is worn in public or a yard sign is 

posted in a yard. We do not believe that either the Act or the Regulations issued by the 

FEC provide any guidance on when such material should be considered disseminated. 

(See e.g. Section 109.10 ofthe Commission's regulations which state only that the date 

an independent expenditure is made is "the date on which a communication is publicly 

distributed or otherwise publicly disseminated.") 

Nonetheless, given the impossibility of identifying the dates of dissemination and 

given the likelihood that at least some of the material is disseminated within a notice 

period, UAPEC has detennined that in the future it will consider the material 
Ms. Joseph Stoltz. FEC Audit Division 

December 7,2010 

Page 3 of3 

disseminated for purposes of reportiiig on the date the material is received. UAPEC 

believes that given the nature of the independent expenditure as set forth above and the 

impossibility of determimng a "date of dissemination," no fiirther action on the part of 

the Commission with respect to this Finding and Recommendation is warranted. 

Finding 3. Failure to Properly Disclose Transfers from Affiliated Committees 

As noted, UAPEC amended the applicable reports to disclose the transfers from 

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

has nothing further to add with respect to this Finding other than that it believes no 

fiirther action is warranted with respect to this Finding and Recommendation. 

UAPEC believes it has complied with all the recommendations of the Audit Staff. 

For the reasons set forth above UAPEC believes that it has used its best efforts to comply 

with the reporting requirements of the Federal Election Campaign Act and that any errors 

in reporting have been inadvertent and de minimis. UAPEC respectfully requests that the 

Final Audit Report be approved by the Commission and that no enforcement action be 

taken. 

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

me. 

Sincerely, 

Francis J.' 

Enclosures 

cc: William P. Hite 

Patrick R. Pemo 

Rick Terven, Sr. 

James R. O'Connell, Esq. 

203390 1.D0C