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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 169
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through ADR are not precedential.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 212
RESPONDENTS:
TRUTHANDHOPE.ORG
SOURCE:
FEC Initiated (RAD)
SUBJECT:
Failure to file 24-hour reports
NEGOTIATED SETTLEMENT:
$4,000 civil penalty
Respondents acknowledge failing to file six notices of last minute independent expenditures as required in the regulations. In order to avoid similar errors in the future, Respondents agree to send the Committee’s Treasurer to a FEC seminar on Federal election campaign reporting requirements or appropriate FEC sponsored seminar within 12 months of the effective date of this agreement and ensure that the Committee’s staff is kept advised of the FECA reporting requirements pertaining to political action committees.
2-3.
ADRs 217 & 218
RESPONDENTS:
Case for Congress (HI/02), James H. Case, treasurer
SOURCE:
MUR 5554: Ethan Gabriel [218]
MUR 5498: David Moore [217]
SUBJECT:
Disclaimers
NEGOTIATED SETTLEMENT:
$1,500 civil penalty
Respondents acknowledged that some of the campaign material distributed by the Committee did not contain disclaimer notices. In order to resolve this matter and avoid similar errors in the future, Respondents agree to correct, to the best of their ability, existing yard signs and banners that do not contain the appropriate disclaimer notices; amend the Committee’s website to advise all supporters to either discard old yard signs or to affix disclaimer stickers to any yard signs in their possession; appoint an appropriate representative of the Committee to attend a FEC seminar on federal election campaign finance reporting requirements within 12 months of the effective date of this agreement and establish and maintain a resource file on the FECA to provide guidance to the staff on Federal election reporting requirements.
