MUR #4789
DEMOCRATIC PARTY OF NEW MEXICOSummary
RESPONDENTS: Democratic Party Of New Mexico; Atcitty, Thomas; Baker, Judy; Cervantes, Joseph; McDonald, Deborah; Potter, Earl; Sena, Ray D.
COMPLAINANT: Dendahl, John
SUBJECT: Reporting
DISPOSITION: Decided by vote 6-0 to 1. Accept the conciliation agreement with the Democratic Party of New Mexico, and Judy Baker, as Treasurer, as recommended in the GC Report #2 dated February 6, 2003. 2. Close the file as to all Respondents. 3. Approve the appropriate letters, as recommended in the GC Report #2 dated February 6, 2003.
Decided by vote 4-0 to: (1) Find RTB that the Democratic Party of New Mexico and Judy Baker, as treasurer, violated 2 U.S.C. 434(b)(8), 11 C.F.R. 104.3(d) and 11 C.F.R. 104.11(a) in MUR 4789. (2) Take no action at this time with respect to Thomas Atcitty, Joseph Cervantes, Earl Potter and Ray D. Sena. (3) Find no RTB that Deborah McDonald violated the Act in MUR 4789 and close the file as it pertains to Deborah McDonald. (4) Open a MUR in AR 02-01. (5) Find RTB that the Democratic Party of New Mexico and Judy Baker, as treasurer, violated 2 U.S.C. 441a(f) and 11 C.F.R. 110.9(a) in AR 02-01. (6) Enter into conciliation for all violations in AR 02-01 and MUR 4789, prior to finding probable cause to believe, with the Democratic Party of New Mexico and Judy Baker, as treasurer. (7) Approve the Factual and Legal Analysis, as recommended in the General Counsel Report dated December 5, 2002. (8) Approve the Conciliation Agreement, as recommended in the General Counsel Report dated December 5, 2002. (9) Approve the appropriate letters, as recommended in the General Counsel Report dated December 5, 2002.
Decided by vote 6-0 to A. Take no action, close the file effective June 10, 1999, and approve the appropriate letters in the following matters: MUR 4792 MUR 4833 MUR 4793 MUR 4835 MUR 4794 MUR 4836 MUR 4799 MUR 4846 MUR 4800 MUR 4848 MUR 4813 MUR 4849 MUR 4816 MUR 4854 MUR 4819 MUR 4862 MUR 4821 MUR 4864 MUR 4823 MUR 4870 MUR 4824 MUR 4874 MUR 4829 MUR 4878 B. Maintain the following MURS on the enforcement docket at this time: MUR 4782 MUR 4787 MUR 4789 MUR 4812 MUR 4869 MUR 4875 C. Direct OGC to develop several recommendations for procedures to be used with regard to Tier 3 matters which appear to merit no RTB determinations.
Disposition
| Disposition | Penalty | Respondent | Citation |
|---|---|---|---|
| Conciliation-PPC | Democratic Party Of New Mexico |
2
U.S.C.
§434(b)(8)
2 U.S.C. §441a(f) 11 CFR 104.3(d) 11 CFR 104.11(a) 11 CFR 110.9(a) |
|
| Baker, Judy |
2
U.S.C.
§434(b)(8)
2 U.S.C. §441a(f) 11 CFR 104.3(d) 11 CFR 104.11(a) 11 CFR 110.9(a) |
||
| Dismissed-Other | Potter, Earl | ||
| Sena, Ray D. | |||
| Atcitty, Thomas | |||
| Cervantes, Joseph | |||
| No RTB | McDonald, Deborah | ||
| RTB Finding | Democratic Party Of New Mexico |
2
U.S.C.
§434(b)(8)
2 U.S.C. §441a(f) 11 CFR 104.3(d) 11 CFR 104.11(a) 11 CFR 110.9(a) |
Documents
| Type | Date | Document |
|---|---|---|
| Conciliation and Settlement Agreements | 02/14/2003 | Democratic Party of New Mexico and Judy Baker, as Treasurer 160 KB |
| General Counsel Reports, Briefs, Notifications and Responses | 02/06/2003 | General Counsel's Report #2 90 KB |
| 12/05/2002 | First General Counsel's Report 218 KB | |
| Certifications | 02/12/2003 | Democratic Party of New Mexico and Judy Baker, as Treasurer 39 KB |
| 12/11/2002 | Democratic Party of New Mexico; Judy Baker, Treasurer; Thomas Atcitty; Joseph Cervantes; Deborah McDonald; Earl Potter; Ray D. Sena; Democratic Party of New Mexico; Judy Baker, Treasurer 48 KB | |
| Civil Penalties, Disgorgements, Other Payments and Letters of Compliance | 03/11/2003 | Democratic Party of Mexico 50 KB |
Participants
| Relationship | Name |
|---|---|
| Primary respondent | Democratic Party Of New Mexico |
| Previous respondent | Atcitty, Thomas |
| Baker, Judy | |
| Cervantes, Joseph | |
| McDonald, Deborah | |
| Potter, Earl | |
| Sena, Ray D. | |
| Complainant | Dendahl, John |
| Respondent's counsel | Reiff, Neil P., Esq. |
| Sandler, Reiff, Lamb, Rosenstein & Birkenstock, P.C. |