MUR #7210
FRANK DURKALSKISummary
RESPONDENTS: Durkalski, Frank; Chesterland News
COMPLAINANT: Beck, Susan
SUBJECT: Disclaimer
DISPOSITION: The Commission failed by a vote of 3-2 to:
a. Dismiss the allegations that Frank Durkalski violated the Act and Commission regulations, pursuant to the Commission’s prosecutorial discretion under Heckler v. Chaney, 470 U.S. 821 (1985).
b. Find no reason to believe that the Chesterland News violated the Act and Commission regulations.
c. Approve the Factual and Legal Analyses, as recommended in the General Counsel’s Report dated September 20, 2017, and the appropriate letters.
d. Close the file as to all Respondents.
The Commission decided by a vote of 5-0 to:
a. Close the file.
b. Send the appropriate letters.
The Commission failed by a vote of 2-2 to:
1. Dismiss the allegations that Frank Durkalski violated the Act and Commission regulations, pursuant to the Commission’s prosecutorial discretion under Heckler v. Chaney, 470 U.S. 821 (1985).
2. Dismiss the allegation that the Chesterland News violated the Act and Commission regulations pursuant to the Commission’s prosecutorial discretion under Heckler v. Chaney, 470 U.S. 821 (1985).
3. Approve the Factual and Legal Analysis for Frank Durkalski, as recommended in the General Counsel’s Report dated September 20, 2017, subject to the edits circulated by Commissioner Weintraub’s Office on December 11, 2017 that creates a joint Factual and Legal Analysis for Frank Durkalski and Chesterland News.
4. Close the file as to all Respondents and send the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Dismissed-Other | Chesterland News | 52 U.S.C. §30120 | |
Durkalski, Frank | 52 U.S.C. §30120 | ||
Received | Chesterland News | 52 U.S.C. §30120 | |
Durkalski, Frank | 52 U.S.C. §30120 | ||
Response Received | Durkalski, Frank | 52 U.S.C. §30120 | |
Chesterland News | 52 U.S.C. §30120 |
Documents
Type | Date | Document |
---|---|---|
Complaint, Responses, Designation of Counsel and Extensions of Time | 02/10/2017 | Response from Frank Durkalski 59 KB |
02/02/2017 | Response from Chesterland News 40 KB | |
01/24/2017 | Notification to Chesterland News 81 KB | |
01/24/2017 | Notification of Complaint to Frank Durkalski 81 KB | |
12/05/2016 | Complaint 596 KB | |
General Counsel Reports, Briefs, Notifications and Responses | 01/29/2018 | Notification to Chesterland News 38 KB |
01/29/2018 | Notification to Susan Beck 40 KB | |
01/29/2018 | Notification to Frank Durkalski 38 KB | |
09/20/2017 | General Counsel's Report 389 KB | |
Certifications | 01/09/2018 | Frank Durkalski; Chesterland News: Dismissal and Case Closure (EPS) 42 KB |
12/12/2017 | Frank Durkalski; Chesterland News: Dismissal and Case Closure (EPS) 44 KB | |
Statement of Reasons | 02/12/2018 | Commissioner Lee E. Goodman 348 KB |
Participants
Relationship | Name |
---|---|
Primary respondent | Durkalski, Frank |
Previous respondent | Chesterland News |
Complainant | Beck, Susan |