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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 149
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through ADR are not precedential.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 177
RESPONDENTS:
David Brigham for Congress (TX-16); Martin Olivarez,
treasurer
SOURCE:
MUR 5425: Carlos R. Ortiz
SUBJECT:
Failure to report disbursements; failure to file 48-hour
report
NEGOTIATED SETTLEMENT:
$1,000 civil penalty
Respondents acknowledged that inadvertent violations of the FECA
occurred at the beginning of the campaign. The violations occurred
due to a misunderstanding of the reporting requirements for disbursements
under the FECA. In an effort to avoid similar errors in the future,
Respondents agree to appoint an FECA compliance person; amend all
reports to accurately reflect the disbursements made by the candidate
between December 12, 2003 and February 18, 2004 and circulate a
memorandum to all committee staff and volunteers about receipts
and the information the Treasurer requires for disclosure purposes.
2.
ADR 184
RESPONDENTS:
M. Sue Wilson
SOURCE:
MUR 5452: Duane Hassig
SUBJECT:
Excessive donations
NEGOTIATED SETTLEMENT:
Respondent acknowledges that an inadvertent violation of the
FECA occurred. Respondent contends that when the committee continues
to solicit contributions, she assumed that she could still legally
contribute. Respondent accepts an admonishment from the Commission.
In an effort to avoid similar errors in the future, the Respondent
agrees to educate herself about the FECA and maintain a list of
all contributions made to candidates or to finance federal elections.
3.
ADR 208
RESPONDENTS:
Philip L. Capitano
SOURCE:
MUR 5531: Nick Congemi
SUBJECT:
Failure to report independent expenditures; disclaimer
NEGOTIATED SETTLEMENT:
The ADR Office recommends the Commission take no further action
and the Commission agrees with the recommendation and closes the
file.
4.
ADR 211
RESPONDENTS:
Wisconsin Veterans of Foreign Wars (VFW) District 11, Calvin F.
Wells, Commander
SOURCE:
MUR 5473: Henry Zumach
SUBJECT:
Prohibited contribution
NEGOTIATED SETTLEMENT:
The ADR Office recommends the case be closed and the Commission
agrees to close the file.
