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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

August 17, 2005

For Immediate Release
August 17, 2005		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public six cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 193 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 It should be noted that cases resolved through ADR are not precedential.

1-3. ADRs 197/239/240  
     
  RESPONDENTS:

(a) LeSueur for Congress ’04 (MS/02), Eddie “Edie”    D. Ingrum, treasurer

(b) Lamar Outdoor Advertising

(c) Lamar Advertising Company

 

  SOURCE: MURs 5434/5567/5608: Friends of Bennie Thompson (MS/02)
  SUBJECT:

Disclaimers

  NEGOTIATED SETTLEMENT:

(a)   Respondents acknowledge that inadvertent       violations of the FECA occurred when disclaimers were omitted from political advertising. Respondents agree that an   appropriate aggregate civil penalty in these matters would be $10,000. Respondents contend, however, that financial hardship prevents the Committee from paying any civil penalty. Respondents submitted financial documentation in support of this claim of financial hardship. The Commission agrees that no civil penalty shall be owed. (b-c)  The ADR Office recommends the matter be        dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 197, 239 or 240under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
4. ADR 254  
     
  RESPONDENTS:

Nebraska Republican Federal Campaign Committee, Demarus Carlson, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to report disbursements
  NEGOTIATED SETTLEMENT:

$10,000 civil penalty

Respondents acknowledged that the failure to file accurate reports of the Committee’s financial activity was due to internal staffing problems and difficulties with software, which caused several disbursements to be omitted from the 2003 Year End Report. Also, Respondents have not had time to implement all the corrective procedures adopted as a means of resolving the earlier RAD referral. Respondents reiterate their commitment to the earlier terms of settlement (ADR 226) and agree, as stated in the earlier settlement agreement, to send four officers and/or staff of the Committee to a FEC seminar on Federal election campaign reporting requirements  within 12 months of the effective date of this agreement; set-up and maintain in the Committee’s offices a resource center to guide the Committee in complying with the requirements of FECA and amend internal procedures to provide for an additional review of reports of the Committee’s financial activity prior to submittal to the Commission.
  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 254 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.
     
5. ADR 267  
     
  RESPONDENTS:

Jene M. Witte

  SOURCE:

MUR 5558: David C. Rhine

  SUBJECT: Disclaimer
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 267 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.
     
6. ADR 272  
     
  RESPONDENTS:

Amy Otis-Wilborn

  SOURCE:

MUR 5592: Benjamin J. Pliskie, Chairman, Republican Party of Ozaukee County (WI)

  SUBJECT: Disclaimer
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 272 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.