Subject: ES&S buyout: The Diebold "Special Persons" List
In the ES&S acquisition contract for Diebold's Premier Election Systems, the following short list of employees are given special treatment. This list is interesting both for who is on the list and for who is NOT on the list.
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While one might expect to see certain individuals who are intimately tied to intellectual property get golden parachutes and non-compete agreements, this list includes some -- but not all -- of the programmers with intimate knowledge, and also includes some of the PR hacks (Mark Radke), an Internet disinfo person, Rob Pelletier -- see our special report on some of these guys:
The special people also include a former state elections director who bailed over to Diebold after helping implement a statewide buy (Cathy Rogers, of Georgia).
What's interesting about the contract clause is that there is no time limit on the special treatment. Usually there is a cap on the time period.
Never mind where BBV got the contract. Corporations prone to leaks sometimes insert identifiers into their confidential documents like unique words or typos. I don't want to inadvertently out the source. Perhaps this contract is or will become public in the SEC documents, since Diebold is a public company. At any rate, we have the contract, and in it is this requirement:
In the event that any employee on list is terminated, for any reason -- EVER, because there is no time limit on this -- then ES&S has to notify Diebold in advance, in writing; and in the event that any employee on the list quits -- EVER, because there is no time limit on this -- then ES&S has to notify Diebold immediately to allow Diebold to put the employee on retainer.
So these guys need to be on a short leash. In other words, they know stuff.
I am unfamiliar with a few of them, like John Davenport and Tim Murawaski. Some of these guys seem to be techs that handled some Ohio work. Let me know what you know, and/or dig into the Internet and public records research to see what you can unearth. I'm working several additional angles on other areas of the contract as well, including information that can't yet be publicly released.
The Diebold "special persons" list:
Now the above is not unheard of in acquisition contracts, though it is unusual not to put a cap on the time limit. The collection of special persons is interesting.
Let me know if you have anything to share about any of the above names.
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