RISA S. SUGARMAN, Chief Enforcement Counsel of the New York State Board of Elections, Complainant, -against- NEW YORKERS FOR A BRIGHTER FUTURE; FUND FOR GREATER PUBLIC SCHOOLS; ANDREW PALLOTTA; MELINDA PERSON; H18-04 Respondent(s). PLEASE TAKE NOTICE that the attached complaint contains allegations charging the respondent(s) with violations of law. A hearing on this complaint will be held by the Hearing Officer listed below. The legal authority and jurisdiction for this proceeding arises from Election Law §§ 3-102 and 3-104, the State Administrative Procedure Act, and part 6218 of the Rules and Regulations of the New York State Board of Elections. ‘The complaint alleges that the NEW YORKERS FOR A BRIGHTER FUTURE and FUND FOR GREATER PUBLIC SCHOOLS committees along with committee officers ANDREW PALLOTTA and MELINDA PERSON, violated 14-107-a of the election law during the 2016 general election. The allegations in the attached complaint are deemed denied by respondents, and the filing of an answer is optional. The Hearing Officer will decide the issues based on papers filed or based on an in-person hearing. The Hearing Officer will schedule an in-person hearing only if the respondent(s) file an answer requesting an in-person hearing. Any answer must be filed with the Hearing Officer at the address below no later than twenty days after service of this Notice of Hearing and Complaint. BEFORE: Hearing Officer Sharon Miller ADDRESS: Hearing Officer Unit New York State Board of Elections 40 North Pearl Street, Suite 5 Albany, New York 12207 At this hearing, the Chief Enforcement Counsel of the State Board of Elections will be represented by: Ryan Larose, Esq. Associate Counsel (518) 408-3944 [email protected] This notice informs you of an upcoming hearing before a Hearing Officer. Failure to answer constitutes a waiver of your right to an administrative in-person hearing pursuant to 9 NYCRR § 6218.The following is a description of some of your rights, obligations and options at your hearing. READ CAREFULLY: Representation You have a right to be represented at this hearing. You may choose to be represented by an attorney, or youmay represent yourself. The State Board of Elections (“SBOE”) does not pay for your representation. If an attomey is representing you, the attorney should notify the SBOE attomey assigned to your case and the Hearing Officer in writing. The SBOE attorney assigned to your case is the person who represents the SBOE against you. The Hearing Officer is the person who will decide your case if you do not reach a settlement agreement with the assigned SBOE attomey. The names of the assigned SBOE attomey and the Hearing Officer are on the first page of this Notice. Settlement If you are interested in discussing a settlement, contact the SBOE attorney listed on the front page of this Notice. The assigned SBOE attomey has the authority to accept, reject and negotiate settlements. In some cases, a settlement may not be possible. Even after your hearing begins, the Hearing Officer may suggest settlement discussions between the parties, or upon request, may provide an opportunity during the hearing for such discussions. Evidence ‘You may submit or bring evidence you believe will be helpful and relevant to your case. Strict rules of evidence do not apply. Any evidence you give to the Hearing Officer will not be returned to you. It is your responsibility to make copies before the hearing begins. You may have witnesses testify on your behalf. Failure to Answer Filing an answer is optional. Your hearing will be decided based on submissions of the parties if you ‘fail to answer. if you need additional time to answer, you may request an extension from the assigned SBOE attomey. Postponing Your Hearing (Adjournments) If you need to postpone your hearing, you can request an adjournment from the Hearing Officer no later than three (3) business days before your hearing date and must inform the assigned SBOE attomey as well. The Hearing Officer will only grant an adjournment for good cause. Interpreter If you are deaf or have difficulty understanding English, you may request an interpreter to assist you by contacting the SBOE attorney assigned to your case. An interpreter will be provided at no cost to you. You must make this request at least three (3) business days before your hearing date. Attached are a plain language summary of SBOE regulations governing adjudicatory proceedings, relevant definitions from the State Administrative Procedure Act (“SAPA”), Articles 3, 4, and 5 of SAPA, and SBOE regulations at 9 NYCRR Part 6218.CHIEF ENFORCEMENT COUNSEL REPORT AND COMPLAINT To: Sharon Miller Esq. Hearing Officer From: Risa S. Sugarman Chief Enforcement Counsel Division of Election Law Enforcement New York State Board of Elections John Jay S. Amold IV Associate Counsel Ryan Larose Associate Counsel Re: Case: H18-04 (E-073/2016) NEW YORKERS FOR A BRIGHTER FUTURE (A83758), FUND FOR GREAT PUBLIC SCHOOLS (A21662), ANDREW PALLOTTA, MELINDA PERSON. Pursuant to New York State Election Law (hereinafter “EL”) §§3-102, 3-104 and 9 NYCRR part 6218, Risa S. Sugarman, as Chief Enforcement Counsel (hereinafter “CEC”) of the New York State Board of Elections (hereinafter “SBOE”) herein alleges as follows: LEGAL AUTHORITY AND CONCISE STATEMENT OF FACTS 1, The legal authority and jurisdiction for this proceeding arises from EL §3-104(5)(a), Article 3 of the State Administrative Procedure Act as well as 9 NYCRR Part 6218. The relevant Election Law statutes pertaining to the instant proceedings are EL §§3-104, 14-100, 14- 102, 14-104, 14-107, 14-107-a, 14-126, and 9 NYCRR parts 6200 and 6218 (Adopted 10/13/2015). 1[Page