WASHINGTON -- The Federal Election Commission is making public four cases resolved in the Alternative Dispute Resolution (ADR) program. In ADR 251, The Libertarian National Committee and its treasurer acknowledged a reporting violation and undertook several steps to prevent a recurrence. Regarding ADR 287, Marsha Blackburn for Congress and its treasurer paid a $1,500 penalty for an inadvertent reporting violation. In ADR 295, The New York State Committee of the Working Families and its treasurer paid a $6,500 penalty for failing to file 48-hour and 24-hour reports, and in ADR 303 the Commission closed the file on Forest D. Jones concerning a disclaimer and failing to report an independent expenditure.
This brings to 247 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 It should be noted that cases resolved through ADR are not precedential.
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ADR 251 |
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RESPONDENTS: |
Libertarian National Committee, David M. Nelson, treasurer |
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SOURCE: |
FEC Initiated (RAD) |
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SUBJECT: |
Failure to accurately report debt |
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NEGOTIATED SETTLEMENT: |
Respondents acknowledge a violation of FECA, which they discovered through a review of its reports and records, resulting in the amended report. The current treasurer was not the treasurer at the time of the omission. The Committee contends that, in addition to an experienced treasurer, it hired personnel knowledgeable in campaign finance issues and overhauled the entire financial accounting system, including replacement of the financial software. Respondents also assert they hired a FECA Compliance Specialist to review reports before they are filed with the Commission. Respondents, in an effort to avoid similar errors in the future, also agree to conduct an internal review (desk audit) of the compliance system annually. The annual review will include a review of the electronic accounting system to ensure that it accurately interfaces with the Commission’s electronic filing system. The completion of the desk audit will be verified with the Commission within 30 days of its conclusion for the next two years. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 251 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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2. |
ADR 287 |
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RESPONDENTS: |
Marsha Blackburn for Congress, Inc., Tea Hoffman, treasurer
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SOURCE: |
FEC Initiated (RAD) |
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SUBJECT: |
Failure to disclose all receipts and disbursements |
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NEGOTIATED SETTLEMENT: |
$1,500 civil penalty
Respondents acknowledge an inadvertent violation of FECA, based in part on inexperienced staff. Respondents, in an effort to avoid similar errors in the future, agree to develop a FECA compliance manual for staff reference and send the person responsible for FECA compliance to a FEC seminar within 12 months of the effective date of this agreement. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 287 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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ADR 295 |
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RESPONDENTS: |
New York State Committee of the Working Families Party, Michael McGuire, treasurer |
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SOURCE: |
FEC Initiated (RAD) |
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SUBJECT: |
Failure to file 48-hour report; failure to file 24-hour reports |
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NEGOTIATED SETTLEMENT: |
$6,500 civil penalty
Respondents acknowledge an inadvertent violation of the FECA due to the staff’s inexperience with federal campaign finance reporting requirements. Respondents, in an effort to avoid similar errors in the future, agree to appoint a FEC Compliance Officer; file the omitted 48-hour and 24-hour notices; and send a staff member to a FEC seminar for political action committees within 12 months of the effective date of the agreement. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 295 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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4. |
ADR 303 |
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RESPONDENTS: |
Forest D. Jones, a.k.a. A Concerned Citizen |
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SOURCE: |
MUR 5662: Complainant Mary A. Galic |
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SUBJECT: |
Disclaimer; failure to report an independent expenditure |
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NEGOTIATED SETTLEMENT: |
The Commission rejected the settlement agreement of Forest D. Jones, a.k.a. A Concerned Citizen and closed the file.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 303 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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