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Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES
WASHINGTON
-- The Federal Election Commission is making public three cases resolved
in the Alternative Dispute Resolution (ADR) program. This brings to 172
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through ADR are not precedential.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 202
RESPONDENTS:
Friends of Mark Henry (TX/02), Carol Claypool, treasurer
SOURCE:
FEC Initiated (RAD)
SUBJECT:
Failure to report receipts and disbursements
NEGOTIATED SETTLEMENT:
$4,500 civil penalty
Respondents acknowledge that a violation of the FECA occurred due to the inexperience of a temporary treasurer. Respondents contend that when they noted the omission of some receipts and all disbursements on the 2004 April Quarterly report, an amended report was filled. Respondents further acknowledge that no explanation as to the revised totals of receipts and disbursements was included with the amended report. In order to resolve this matter, Respondents agree to take all necessary steps to terminate the committee.
Failure to report and accurately account for earmarked contributions; excessive non-federal fund transfers to federal account for shared activities; failure to accurately report contributions to federal candidates
NEGOTIATED SETTLEMENT:
$10,000 civil penalty
Respondents acknowledge that a violation of the FECA occurred and on learning of the errors and need for additional information, complied with the recommendations of the Audit Division on all issues. In an effort to avoid similar errors in the future, Respondents agree to send the treasurer and the campaign consultant to an FEC seminar within 15 months of the effective date of this agreement; develop a compliance manual for committee staff.
3.
ADR 222
RESPONDENTS:
(a) Citizens for Sarbanes, Sebastia Svolos, treasurer
(b) Stabenow for Senate, Angela M. Autera, treasurer
(c) Friends of Lou Papan, Victor Kyriakis, treasurer
SOURCE:
MUR 5497: Michael Schroeder
SUBJECT:
Use of state committee funds in connection with federal election; corporate contributions; excessive contributions
NEGOTIATED SETTLEMENT:
The ADR Office recommends the Commission take no further action and the Commission agrees with the recommendation and closes the file.
