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Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES
WASHINGTON
-- The Federal Election Commission is making public two 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through ADR are not precedential.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 201
RESPONDENTS:
Jim Feldkamp for Congress, Ronald D. Calkins, treasurer
SOURCE:
MUR 5470: Neel Pender on behalf of the Democratic Party of Oregon
SUBJECT:
Failure to file 48-hour reports
NEGOTIATED SETTLEMENT:
$1,000 civil penalty
Respondents acknowledge excluding nine contributions from 48-hour reports filed with the Commission. Respondents, since receipt of the complaint, have contracted for the services of an experienced treasurer to ensure that similar reporting errors are not repeated. In order to resolve this matter and promote compliance, Respondents agreed to send a representative from the committee to a FEC seminar on Federal election campaign finance reporting requirements within 12 months of the effective date of this agreement. In the event that the Committee decides to conclude its activities and is unable to attend a FEC seminar, they agree to work with Commission staff to file for termination.
DOCUMENTS ON PUBLIC RECORD:
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 201 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 205
RESPONDENTS:
Oakland County Democratic Party, Richard Wallace, treasurer
SOURCE:
FEC Initiated (RAD)
SUBJECT:
Failure to accurately disclose and report disbursements
NEGOTIATED SETTLEMENT:
$1,000 civil penalty
Respondents acknowledge errors in their 2003 Mid Year and Year End Reports. In order to conclude this matter and avoid similar problems in the future, Respondents agree to prepare and distribute to Committee staff a manual detailing the Committee’s financial reporting responsibilities and the procedures for entering and recording disbursements. They also agree to modify their internal procedures to provide for daily backup of all financial data recorded by the Committee’s fundraising activities and train two volunteers in the procedures for recording the Committee’s financial fundraising activities.
DOCUMENTS ON PUBLIC RECORD:
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 201 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.
