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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

October 31, 2001


For Immediate Release
October 31, 2001

Contact:

Kelly Huff
Ron Harris
Ian Stirton

 

ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public seven additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 24 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 expeditious 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 to mediation. It should be noted that cases resolved through ADR are not precedential.

1.

ADR 014

 

 

 

 

 

RESPONDENT:

Dr. John Templeton, Jr. (PA)

 

SOURCE:

Pre-MUR 397 - Complainant: Sua sponte

 

SUBJECT:

Exceeding the annual $25,000 contribution limit

 

NEGOTIATED

SETTLEMENT:

The respondent obtained refunds from five recipient organizations, thus correcting the aggregate amount attributed to the respondent.

 

 

 

2.

ADR 016

 

 

 

 

 

RESPONDENTS:

(a) Robert Casey, Jr. for Auditor General Committee, Thomas Ostrowski, treasurer (PA)

(b) Committee to Elect Ed O’Brien, Stephen D. Dobrosky, treasurer (PA)

(c) Citizens for Ron Klink, Joseph Brimmeier, treasurer (PA)

 

SOURCE:

MUR 5116 - Complainant: Stephen Brame, Campaign Manager, Katie True for Auditor General Committee (PA)

 

SUBJECT:

Excessive contributions; failure to file Statement of Organization; receipt of contribution from an unregistered organization

 

NEGOTIATED SETTLEMENTS:

(a) Respondents acknowledge their mistake and misinterpretation of the law and agree to make no further contributions to federal election campaigns that exceed the annual limits specified in the law.

$600 civil penalty

(b) Respondents, on learning of the complaint and at the request of the contributing Committee, refunded the contribution. Respondents agree to attend FEC-sponsored seminar for campaign committees.

(c) Respondents refunded the contribution. Respondents agree to work with RAD to conclude all matters pertaining to reporting responsibilities and to subsequently file for the Committee’s termination.

 

 

 

3.

ADRs 017 & 033

 

 

 

 

 

RESPONDENTS:

(a) Flitter 2000, Thomas A. Monahan, treasurer (PA)

(b) Erie County Democratic Party Committee, Ric Coluzzi, treasurer (PA)

 

SOURCE:

MUR 5076 - Complainant: Donald F. McGahn II, General Counsel, National Republican Congressional Committee [ADR 033]

MUR 5140 - Complainant: Donald F. McGahn II, General Counsel, National Republican Congressional Committee [ADR 017]

 

SUBJECT:

Failure to report in-kind contributions; excessive contributions; failure to register and report

 

NEGOTIATED SETTLEMENT:

(a-b) Respondents acknowledge they violated the FECA.

(a) Respondents refunded $1,000 to the local party committee. Respondents will confer with the Commission’s Reports Analysis Division to terminate the committee.

$250 civil penalty

(b) Respondents will have a representative attend FEC-seminar on political committee requirements by July 30, 2002.

$250 civil penalty

 

 

 

4.

ADR 034

 

 

 

 

 

RESPONDENTS:   

Senn 2000, Rudi Bertschi, treasurer (WA)

 

SOURCE:

MUR 5085 - Complainant: Matt Eldridge (WA)

 

SUBJECT:

Use of non-federal fund in connection with federal election

 

NEGOTIATED SETTLEMENT:

 

Respondents reimbursed the consultant which refunded the candidate’s state campaign committee. Respondents agree to work with RAD to address outstanding issues and will file for termination of committee.

$1,200 civil penalty

 

 

 

5.

ADR 036

 

 

 

 

 

RESPONDENTS:

Van Horne for Congress, John J. Palochik, treasurer (PA)

 

SOURCE:

MUR 5088 - Complainant: Donald F. McGahn II, General Counsel, National Republican Congressional Committee (DC)

 

SUBJECT:

Failure to identify when debts were incurred; failure to account for and accurately report in-kind contributions; failure to properly attribute a contribution to either primary or general election

 

NEGOTIATED SETTLEMENT:

 

Respondents acknowledge mistakes in reports filed with the Commission and agreed to attend FEC- sponsored workshop for candidates. Respondents will work with RAD to prepare for filing a request for termination of committee with the Commission.

 

 

 

6.

ADR 038

 

 

 

 

 

RESPONDENTS:

(a) Bernadette and Dennis Kearney (MA)

(b) Choate, Hall and Stewart (MA)

(c) Kennedy for Senate 2000 Committee; John F. Zamparelli, treasurer (MA)

(d) Markey for Congress Committee, Marie C. Carbone, treasurer (MA)

(e) Richard E. Neal for Congress Committee, Michael Hall, treasurer (MA)

 

SOURCE:

MUR 5093 - Complainant: John C. LeMenager (MA)

 

SUBJECT:

Excessive contributions; exceeding the annual $25,000 contribution limit; corporate contribution/contribution in the name of another

 

NEGOTIATED SETTLEMENT:

The ADR office concludes that the violations alleged in the complaint are unsubstantiated. The Commission concurs by dismissing this matter.

 

 

 

7.

ADR 047

 

 

 

 

 

RESPONDENTS:

American Animal Husbandry Coalition PAC, Sharon McFarland, treasurer (TX)

 

SOURCE:

MUR 5172 - Complainant: John P. Goodwin (DC)

 

SUBJECT:

Failure to report and accurately report receipts and expenditures; continuing to raise funds after filing for termination

 

NEGOTIATED SETTLEMENT:

Respondents acknowledge errors when filing reports with the Commission and agree to work with Reports Analysis staff to correct reports and take necessary steps to terminate the committee.

 

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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.