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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

November 9, 2005

For Immediate Release
November 9, 2005		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public four cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 213 the total number of cases released since the ADR program began October 2, 2000. The program''''s goal is to expedite resolution of some enforcement matters, reduce the cost of processing complaints, and enhance overall FEC enforcement. Closed ADR negotiated settlement summaries are available in the FEC''''s Press and Public Records offices.

For a case to be considered for ADR treatment, a respondent must express willingness to engage in the ADR process, agree to set aside the statute of limitations while the case is pending in the ADR Office, and agree to participate in bilateral negotiations and, if necessary, mediation.

Bilateral negotiations through ADR are oriented toward reaching an expedient resolution with a mutually agreeable settlement that is both satisfying to the respondent(s) and in compliance with the Federal Election Campaign Act (FECA). Resolutions reached through direct and, when necessary, mediated negotiations are submitted to the Commissioners for final approval. If a resolution is not reached in bilateral negotiation, the case proceeds by mutual agreement to mediation. It should be noted that cases resolved through ADR are not precedential.

1.

ADR 235

 
     
  RESPONDENTS:

Friends of Greg Parke (VT), Wayne A. Carlson, treasurer

  SOURCE:

MUR 5469: Zachary M. Long

  SUBJECT:

Impermissible use of contributor list for solicitation purposes

  NEGOTIATED SETTLEMENT:

$500 civil penalty

Respondents acknowledge that they inadvertently and mistakenly included 30 names from the list of contributors in a merged mailing database. In order to resolve this matter and avoid similar errors in the future, Respondents agree to select and send a representative from the Committee to attend a FEC seminar on Federal Election Campaign reporting requirements within 12 months of the effective date of this agreement.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 235 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
2. ADR 241  
     
  RESPONDENTS:

Kevin Kelley for Congress (MI/11), Karen P. White, treasurer

  SOURCE:

FEC Initiated (Audit)

  SUBJECT: Excessive contributions
  NEGOTIATED SETTLEMENT:

$500 civil penalty

Respondents acknowledge that an inadvertent violation of the FECA occurred due to a misunderstanding as they thought the credit card was a joint personal account. Respondents, in an effort to avoid similar errors in the future agree to work with Commission staff to terminate within 60 days of the effective date of this agreement.
  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 241 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
3/4. ADRs 247 & 280  
     
  RESPONDENTS:

Women’s Campaign Fund, Nancy Clack, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to accurately disclose receipts
  NEGOTIATED SETTLEMENT:

$3,500 civil penalty

Respondents acknowledge a violation of FECA occurred due to software interface issues and inexperienced staff. Respondents, in an effort to avoid similar errors in the future agree to conduct a two year internal audit within 60 days, subject to verification and audit by the Commission, work with RAD staff to ensure that all past reports are accurate and develop a compliance manual for the use of Committee staff.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 247 or 280 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.