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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

November 5, 2003

News Releases, Media Advisories

FEC Home Page

For Immediate Release
November 05, 2003		 Contact: George Smaragdis
Ron Harris
Bob Biersack
Ian Stirton

ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public two additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 95 the total number of cases released thus far. 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 It should be noted that cases resolved through ADR are not precedential.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 120  
     
  RESPONDENTS: Friends of Dave Rogers, Christian Winthrop, treasurer

David Rogers
  SOURCE: MUR 5326: William J. Lynch
  SUBJECT: Failure to file 48 hour notices
  NEGOTIATED SETTLEMENT: $250 civil penalty – work with RAD to terminate committee

Respondents acknowledge that a violation of the Act occurred due to an oversight.
     
2. ADR 142  
     
  RESPONDENTS: Friends of Joe Marine, John Carlin, treasurer
  SOURCE: MUR 5332
  SUBJECT: Failure to include disclaimers
  NEGOTIATED SETTLEMENT: The ADR Office recommends the case be closed and the Commission agrees to close the file.

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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.