FEDERAL ELECTION COMMISSIONWASHINGTON, D C. 20463
THIS IS REfBEGINNINGOF NJR #
DAME F I LfED
1463
W4iitCAMPA
CAMERMN~C
87NF-61 THROUGH 87NF-75
FEDERAL ELECTION COMMISSIONWASHINCTON. D C 20463 March 17, 1987
MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
LAWRENCE M. NOBACTING GENE SE
JOHN C. SU NSTAFF DIRE0
JOHN D. GIBSASSISTANT S F IRECTORREPORTS AN YSI DIVISION
30 DAY POST-GENERAL REPORT NON-FILER REFERRALS OFUNAUTHORIZED COMMITTEES
Attached is a listing of fifteen (15) unauthorizedcommittees which failed to file the 1986 30 Day Post-GeneralReport within thirty (30) days of the date of the Non-FilerNotice. In accordance with Standard 3 of the 1985-1986 RADReview and Referral Procedures for Unauthorized Committees,further examination is required by your office.
On September 29, 1986, prior notification was sent to allunauthorized committees informing them that all committees,regardless of election activity, must file the 30 Day Post-General Report by December 4. 1986 (Attachment 16). Eachcommittee which failed to submit a report covering the post-election reporting period was sent a Non-Filer Notice on December23, 1986 (Attachment 17).
The attached printout lists the name, address and treasurerfor each committee being referred. Any telephone conversationsare referenced under Contacts with Filers. The Summary Pages oflate-filed reports and/or letters of explanation are includedunder Reports Filed/Response(s). In addition, a "C" indexaccompanies each committee. In a few instances, the aggregatereceipt and disbursement figures may be inflated because reportswere submitted covering portions of the same reporting period.
If you have any questions,, please contact Lisa J. Stolarukat 376-2480.
Attachments
[IIERALI, EL:C T I (IN cUOM IS S I ON(I)MMI ITTEi I NDEX OF D1 I CL3U R E DOCUM ENT S C) H~-i36)
DATE 24FE1487PAGE I
COMM ITTEE I 111C ;)M EN T RECE IPTS D'ISBEUR SEM EN TS TYPE OF FILER # OFCOVERAGE DATES PAGES
PIMA COUNTY REPULLICAN CENTRAL. COMMITTEECONNECTE[D ORGaANIZATION: NUNE
19895 APRIL QUARTERLYJULY QUARTERLYREQUEST FOR ADDITIONAL INFORMA'rIONREQ4UEST FOR ADDITIONAL INFORMATION 2"NDOCTOB'ER QUARTERLYREQUEST FOR ADDITIONAL INFORMATIONREQUEST FOR ADDITIONAL INFORMATION 2-NDiYEAR-END
1986 APRIL QUARTERLYJULY QUARTERLYOCTOB'ER QUARTERLYOCTOB'ER QUARTERLY - AMENDMENT1'ST LETTER INFORMATIONAL NOTICEPOST-GENERALNOTICE OF FAILURE TO FILEYEAR -ENDREQUEST FOR ADDITIONAL INF'ORMATION
TOTAL
64 ,328
15,815
14,033
19, 23670,012-10,763'23,55023,550
23, 271
241,008
24,272
21,955
20,349
32, 41226,96017,35639,21339,213
27,942
PARTY NON-QUALIFIED
1JAN85 -31MAR851APR85 -30JUN851APR85 -30JUN851APR85 -30JUN851JUL85 -30SEP851JUL85 -30SEP851JUL85 -30SEP851SEP85 -31DEC851JAN86 -31MAR861APR86 -30JUN861JUL86 -30SEP861JUL86 -30SEP861JUL86 -30SEP861OCT86 -30NOV86
24NOV861OCT86 -31DEC861OCT86 -31DEC86
0 210,459
ID #C00170167
85FEC/371/066185FEC/379/ 366786FEC/395/071 486FEC/402/081 885FEC/390/078686FEC/395/0716 *W86FEC/402/082186FEC/399/288386FEC/4 10/388786FEC/422/ 155586FEC/438/356787FEC/ 459/465686FEC/443/331 387FEC/460/ 152286FEC/452/166287FEC/460/154587FEC/461/0545
235 TOTAL PAGES
All reports have been reviewed.Cash on H-and as of 12/31/86: $47,601Outstanding Debts and Obligations as of 12/31/86: $0.00
MICROF ILM
LOCAT ION
I I 1 4 1 '% v ..) 1 J4
1,AkTY kEI.ATI:D
FECEMv AT TE FEC,Attachment 13b
EL is- ~r *A ~ mm -M
I.~d~umP~ II
lawS gC' W14
@~. IAN"
uLif *hp of witw -t MO -M2Ipec ldomnimom
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iaosm~bmtOnom os1con....................Oufi asaw0fo Co &ot
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jn- mq on Pam saw on b
L- - I I IMeE znd IX IM
FEDERAL ELECT1ON cahhsszou11
M&D Referrals 873F-62
throuh 67"-71-
SOURCE OF BlUR: INTERNALLY GENERATED
RESPONDETS'.
Pima County Republican Central Committee and
RELEVANT STATUTE:
INTERNAL REPORTSCHECKED:
FEDERAL AGENCIESCHECKED:
2 U. S. C. 5 4 3 4(a) (4) (A) (i ii)
Public Records
None
AM
-2
On narcb 17v 1967, the Reports Anaysis Division (ORADO)referred the following 15 unauthorized Political committees tothe Office Of the General Counsel for failure to file the 196Post-General Election Report timsely:V:
:Pima County RepublicanCentral Committee;
(Attachment 1) 0911- FACTUAL MW LUQAL ANALYSIS
(A) The Pacts
On September 29, 1986, notification was sent to allunauthorized political committee advising that regardless of
V The 1986 Post-General Election Report must disclose allfinancial activity from the close of books of the last report, orthe date of registration (whichever is later),r through November24, 1986.2/ The fifteen committees discussed in this report werereferred to this Office as a group by the Reports AnalysisDivision. Each referral in which the Commission decides to opena M4UR will be assigned a separate KUR number and handled by thestaff person indicated in the attached notification letters.
- 3 -
election activityr the 1956 Post-General Election Report wasrequired to be filed by Dcember 4, 1956. Each politicalcomittee vbicb failed to submit a report covering the post-,general election reporting period was sent a Non-Filer Notice onDecember 23, 1986.
1. 1
13. Pima County Republican Central Comittee
On February 9, 1987, the 1986 Post-General ElectionReport vas filed disclosing receipts of $11,409 and disbursementsof $24 ,547.1/ The report vas filed 67 days late.
14.
4/ The 1986 Post-General Election Report covered six days (11-25-86 through 11-30-86) of the 1986 Year-End reporting period.
-7
(B) The Applicable LawPursuant to 2 U.s.c. S 4 34 (a) (4) (it)(iii) all political
committees other than the authorized committees of a candidateshall file a Post-general election report, which shall be filedno later than the 30th day after the general election and whichshall be complete as of the 20th day after such general election.
(C) Application of the Law to the FactsThe record in this matter demonstrates that the 15 political
committees discussed on pages 3 - 7 above were required to filethe 1986 Post-General Election Report by December 4,, 1986. Theabove committees, however, failed to file the report in a timelymanner. In consideration of this circumstance it is therecommendation of this office that the Commission open a matterUnder Review and find reason to believe that a violation of2 U.S.C. S 434(a) (4) (A) (iii) occurred with respect to the latefiling of the 1986 Post-General Election Report by:
9 -
U! IECOND&MT!OUS
1. Open Matters Under Review with respect to each of thefollowing:
a)
b)c)
d).
e)
f)
g)
h)
i)
J)
k)1)
M)
Pima Country Republican Central Committee and RobertSmith, as treasurer;
2. Find reason to believe tnose political committees andindividuals listed in recommendation one above violated2 U. S.C. S 434 (a) (4) (A) (i ii) .
I M
0-10
5Approve the aittached letters and Factual and Legal Analyses.
General Counsel
Attachments1. R&D Referral2. Letters (14) and Analyses (14)
'.~. w
BEFORE THE FEDERAL ELECTION COMMISS ION
in the Matter of
Pima County Republican Central Committee andRobert Smith, as treasurer;
))
BAD Ref.87NF-61ttirough 87NF75
))))))))))))))))))))))))))
CERTIFICATION
I, Marjorie W. Emmons, Secretary of the Federal
Election Commission, do hereby certify that on April 23,
1987, the Commission decided by a vote of 6-0 to take
the following actions in BAD Ref. 87NF-61 through 87NF-75:
Jcontinued)
i.4.,
Page 2Federal Election CommissionCertification for RAD Ref. 87N1-61through 87NF-75April 23o 1987
1. open Matters Under Review with respect to eachof the following:
e)
0)
g)
h)
k)
1) Pima County Republican Central Committeeand Robert Smith, as treasurer.
M)
(continued)
Federal Election CommissionCertification for RAD Ref. 87NF-61through 8 7NF-7 5April 23, 1987
Page 3
2. Find reason to believe those political comn-mittees and individuals listed above violated2 U.S.C. S 434 (a) (4) (A) (iii).
5. Approve the letters and Factual and LegalAnalyses, as recommended in the First GeneralCounsel's Report signed April 20, 1987.
Commissioners Aikens, Elliott, Josefiak, McDonald,
McGarry, and Thomas voted affirmatively for the decision.
Attest:
DateSecretary of the Commission
Received in the Office of Commission Secretary:M~on.,Circulated on 48 hour tally basis: Tues.,,Deadline for vote: Thurs.,
/ jm/
4-20-87, 4:574-21-87, 11:004-23-87, 11:00
FEDERAL ELECTION COMMISSIONWASHINGTON. D C 20463
May 4, 1987
Robert Smith, TreasurerPima County Republican Central
Committee2235 BroadwayTucson, AZ 85719
Re: MUR 2403Pima County Republican CentralCommittee and Robert Smith, astreasurer
Dear Mr. Smith:
On April 23, 1987, the Federal Election Commission foundthat there is reason to believe Pima County Republican CentralCommittee (C#_ommittee") and you, as treasurer, violated 2 U.S.C.S 434(a) (4) (A) (iii), a provision of the Federal Election CampaignAct of 1971, as amended ("the Act"). The Factual and LegalAnalysis, which formed a basis for the Commission's finding, isattached for your information.
Under the Act, you have an opportunity to demonstrate thatno action should be taken against the Committee and you, astreasurer. You may submit any factual or legal materials thatyou believe are relevant to the Commission's consideration ofthis matter. Please submit such materials to the GeneralCounsel's Office within 15 days of your receipt of this letter.Where appropriate, statements should be submitted under oath.
In the absence of any additional information demonstratingthat no further action should be taken against the Committee andyou, as treasurer, the Commission may find probable cause tobelieve that a violation has occurred and proceed withconciliation.
If you are interested in pursuing pre-probable causeconciliation, you should so request in writing. See 11 C.F.R.5 111.18(d). Upon receipt of the request, the Office of theGeneral Counsel will make recommendations to the Commissioneither proposing an agreement in settlement of the matter orrecommending declining that pre-probable cause conciliation be
Letter to Robert SmithPage 2
pursued. The Office of the General Counsel may recommend thatpre-probable cause conciliation not be entered into at this timeso that it may complete its investigation of the matter.Further, the Commission will not entertain requests for pre-probable cause conciliation after briefs on probable cause havebeen mailed to the respondent.
Requests for extensions of time will not be routinelygranted. Requests must be made in writing at least five daysprior to the due date of the response and specific good causemust be demonstrated. In addition, the office of the GeneralCounsel is not authorized to give extensions beyond 20 days.
If you intend to be represented by counsel in this matter,please advise the Commission by completing the enclosel formstating the name, address, and telephone number of such counsel,
1) and authorizing such counsel to receive any notifications andother communications from the Commission.
The investigation now being conducted will he confidentialin accordance with 2 UeSec. SS 437g(a) (4) (3) and 437g(a) (12) (A),unless you notify the Commission in writing that you wish theinvestigation to be made public.
For your information, we have attached a brief descriptionof the Commission's procedures for handling possible violations
r7 of the Act. If you have any questions, please contact DelanieD. Painter, at (202) 376-5690.
Sincerely,
Scott E. ThomasChairman
EnclosuresFactual and Legal AnalysisProceduresDesignation of Counsel Form
FEDERAL ELECTION COMMISSION
FACTUAL AND LUGAL ANALYSIS
RESPONDENTS: Pima County Republican MUR 2403Central Committee andRobert Smith, as treasurer
On September 29, 1986, notification was sent to all
unauthorized political committees advising that regardless of
election activity, the 1986 Post-General Election Report was
required to be filed by December 4, 1986. The 1986 Post-General
Report is required to disclose all financial activity from the
close of books of the last report, or the date of registration
(whichever is later), through November 24, 1986. Each political
committee which failed to submit a report covering the post-
general election reporting period was sent a Non-Filer Notice on
December 23, 1986.
On February 9, 1987, the 1986 Post-General Election Report
was filed disclosing receipts of $11,409 and disbursements of
$24,547.!/ The report was filed 67 days late.
Pursuant to 2 U.s.c. S 434(a) (4) (A) (iii), all political
committees other than the authorized committees of a candidate
shall file a post-general election report, which shall be filed
no later than the 30th day after the general election and which
shall be complete as of the 20th day after such general election.
The record in this matter demonstrates that respondents were
required to file the 1986 Post-General Election Report by
The 1986 Post-General Election Report covered six days (11-25-86 through 11-30-86) of the 1986 Year-End reporting period.
00-2-
December 4, 1986. The respondents, however, failed to file the
report in a timely manner. in consideration of this circumstance
it is the recommendation of the Office of the General Counsel
that the Commission find reason to believe Pima County Republican
Central Committee and Robert Smith, as treasurer, violated
2 U.s.C. 5 434(a) (4) (A) (iii).
0
C-
f
LAW~ OFFICES OF
.. 7.. JUL 6 -MOLLOY, JONES 8 DONAHUE. P. C_ .IJ'JL C- 0EQ
W ES C Sr*WAQ POSER- E. a- ARIZOISA BANEV PLAZA S.PFCCR 0_%5O N -Cc %"Cc -C.% O. SOSSE. 33 %OPT" STONEC AVEftJC. SUITE Z200 ~-'
SARA" ML S "-" r dlV-f^=P0 s xzo
rRDRCA _,- ES _A=Q 0, C AM. TUCSON. ARIZONA 85702 ~s'-0%MAS ft PSt 0 "C-AE-MN . Er~jENE - GESEM -Ano SL S rrfdV"&% TELEPHON
200 6 2-3 3R.C"ARD S -oc. %S 'EMQ' -EDCESCC L R4N wxO2z 82-5 5faA 80.DVDA. W-, A ROWE 0 C- S- RE. 0 rELECOI>6ER i*C 22-8 63 184EILEEN* Vb C)AW QUA a6l Go^-
orANDREA A. 'An. 'a QEOGE C IPQAA .ACA0 Dr,~0V..0r .. A,5
r-~ E' DE III vA...EY. Az e5e.-
EO. 64- 822
July 2, 1987
C-
Federal Election Commission 0Attention: Delanie D. PainterWashington, DC 20463 3
Re: MUR2403 Pima County Republican Central Comittee
Dear Ms. Painter:
This office represents The Pima County Republican Central Committee. Inthis matter our services are pro bono. 'We are writing this letter in responseto your May 4, 1987 letter alleging that the Comittee violated a provision ofthe Federal Election Campaign Act of 1971 (the "Act"). Representatives of theCommittee have discussed the allegations of the FEC and reviewed the factualand legal analysis which formed the basis for the FEC's findings. I sharedyour comments with the Committee from our June 24, 1987 phone conversation.
The Committee requests pre-probable cause conciliation in this matter andoffers the following information in support of our request that the Office ofthe General Counsel make a recommendation to the FEC to settle this matterwithout penalty to the Committee.
1) After speaking with Joe Rawson in the Comissiongs Reports AnalysisDivision, the Committee learned that it has consistently exceeded thereporting requirements of the Act. What should be a simple reportingof federal campaign activity has become very burdensome because theCommittee unnecessarily reports all local campaign activity. TheCommittee maintains separate federal and local accounts. The Actrequires only a reporting of federal activity.
2) The Committee is charged with a late filing of the post-generalelection report covering activity from the close of the previous reportthrough November 24, 1986. There was no federal activity in thefederal account during this time period to report to the FEC.
July 2, 1987Page 2
3) The Committee made a good faith effort to comply with the Act'ssubstantive requirements, but were unable to file on time. This reportwas compiled by a volunteer member of the Committee who filedconsiderably more information then was necessary.
If you should have any questions regarding this matter or this letter,please direct your comments to my office.
Very truly yours,
MOLLOY, JONES & DONAHUJE, P.C.
~Jk~aLA
Paul D. Julien
pd j/rm
STTEE OF DESIGNATION OF CUNSEL
MR~ 2043
NAME OF (XUNSL PAUL D. JULIEN
ADDRES: Molloy, Jones & Donahue, P.C.
P. 0. B ox 2268
Tucson, Arizona 85702-2268
TELEPHIOWE: (602) 622-3531
The above-named individual is hereby designated as mycounsel and is authorized to receive any notifications and othercommunications from the Commission and to act on my behalf beforethe Commission. _1
Date
RESPONDENT' S NAME:
ADDRESS:
HOME PHONE:
BUSINESS PHONE:
Pima County Republican Central Committee
22 35 Broadwav
Tucson, Arizona 85719
(602) 62F-9566
BEFORE TE UE ELUCTICE CCDi SSIOU
In the Matter of)
Pima County Republican Central ) MUR 2403Committee and Robert Smith,)as treasurer,
GENERAL COUSEL 'S REPORT
I. BACKGFAND
On April 23, 1987, the Commission found reason to believe
that Pima County Republican Central Committee and Robert Smith,
as treasurer, violated 2 U.S.C. S 434(a) by failing to file the
1986 Post-General Report in a timely manner. By letter dated
July 2, 1987, respondents requested to settle this matter prior
to a finding of probable cause to believe (Attachment 1)-
1II. DISCUSSION OF CONCILIATION PROVISIONS AND CIVL PALT!Y
II1. RBC UZN&IONS
1. Enter into conciliation with Pima County Republican CentralCommittee and Robert Smith, as treasurer, prior to a findingof Probable cause to believe.
2. Approve the attached proposed conciliation agreement andletter.
Date wec MrActing Gerneral Counsel
Attachments1. Request for conciliation2. Proposed agreement and letter
BEFORE THE FEDERAL ELECTION COMMISSION
In the Matter of)
Pima County Republican Central )MUR 2403Committee and Robert Smith,)as treasurer,)
CERTIFICATION
I, Marjorie W. Emnmons, Secretary of the Federal
Election Commission, do hereby certify that on August 14,
1987, the Commission decided by a vote of 5-0 to take
the following actions in MUR 2403:
1. Enter into conciliation with Pima CountyRepublican Central Committee and RobertSmith, as treasurer, prior to a findingof probable cause to believe.
2. Approve the proposed conciliation agreementand letter, as recommended in the GeneralCounsel's report signed August 11, 1987.
Commissioners Elliott, Josefiak, McDonald, McGarry,
and Thomas voted affirmatively for the decision;
Commissioner Aikens did not cast a vote.
Attest:
Date M~i .EmnSecretary of the Commission
Received in the Office of Commission Secretary:Tues., 8-11-87, 3:56Circulated on 48 hour tally basis: Wed., 8-12-87, 11:00Deadline for vote: Fri., 8-14-87, 11:00
(~Uj~ FEDERAL ELECTION COMMISSIONWASHINCTON, D C 20463
August 18, 1987
Paul D. Julien, EsquireMolloy, Jones, & Donahue, P.C.P.O. Box 2268Tucson, Arizona 85702-2268
RE: MUR 2403Pima County Republican CentralCommittee and Robert Smith, astreasurer
Dear Mr. Julien:
On April 23, 1987, the Federal Election Commission foundreason to believe that Pima County Republican Central Committee andRobert Smith, as treasurer violated 2 u.S.c. S- 434(a) (4) (A) (iii).At your request, onA.gust 14, 1987, the Commission determined toenter into negotiations directed towards reaching a conciliationagreement in settlement of this matter prior to a finding of
J% probable cause to believe.
'0- Enclosed is a conciliation agreement that the Commission hasapproved in settlement of this matter. If your clients agree with
C' the provisions of the enclosed agreement, please sign and returnit, along with the civil penalty, to the Commission. In light ofIr the fact that conciliation negotiations, prior to a finding ofprobable cause to believe, are limited to a maximum of 30 days, youshould respond to this notification as soon as possible.
If you have any questions or suggestions for changes in theagreement, or if you wish to arrange a meeting in connection with amutually satisfactory conciliation agreement, please contact SandraDunham, the staff member assigned to this matter, at (202) 376-8200.
S3incerel,
Lawrence M. NobleActing General Counsel
EnclosureConciliation Agreement
W~m FEDERAL ELECTION COMMISSIONWASHINGTON. DC 20463
S IsSeptatber 11, 1987
CERTIFIED NAILRETURN 1RCEIPT REUETE
Paul D. Julien, EsquireM4olioy, Jones & Donahue, P.C.P.O. Box 2268Tucson, Arizona 85702-2268
RE: MUR 2403Pima County RepublicanCentral Committee andRobert Smith, astreasurer
Dear Mr. Julien:
On August 18, 1987, you were notified that, at your request,the Federal Election Commission determined to enter intonegotiations directed toward reaching a conciliation agreement insettlement of this matter prior to a finding of probable cause tobelieve. on that same date, you were sent a conciliationagreement offered by the Commission in settlement of this matter.
Please note that conciliation negotiations entered intoprior to a finding of probable cause to believe are limited to amaximum of 30 days. To date, you have not responded in writingto the proposed agreement. The 30-day period for negotiationswill soon expire. Unless we receive a response from you within 5days, this office will consider these negotiations terminated andwill proceed to the next stage of the enforcement process.
Should you have any questions, please contact Sandra Dunham,the staff member assigned to this matter, at (202) 376-8200.
Sincerely,
Lawrence M. Noble
Acting General Counsel
By: Lois G. LernerAssociate General Counsel
0 . a
LAW 05VVICES 0r
MOLLOY. JONES &~ DONAHUE. P C.ARIZONA BANK PLAZA
33 NOPT" STONE AVENUE. SUITE ZZO0
P. 0. Box 226S
7 UCSON. ARIZONA~ 8570."
TELEPHONE (602) 622-3531
T EL ECOPIERP (602) 624 - Z6
JOMt I'. MOLLOY RUSSELL .C JOESSTANLEY W. TRAC.TA JO"N L. OONA..LE. _,DONALD S. RO0B NSQ% *CARD - COO.. DGEMYVLES C .STCWART ROBGER' E NIA.L
PETE R .jOS.NSON %MICMAEL - EE-A%.PAUL 0- SLOSSER PETER VO(V0D5KIROY W. KYLE SARA" 0. St"*ANSGARY F. 40WARO rQEDEQ.C A. .. JYTESLARRY 0. CLARK Y..OftAS W ROLSE0. MCNMAEL OANO0G jEANNIE'E K. GEISERMARK S. SIFFEROAAN RIC0NARD S- -. jDG,%STERRY L. TEDESCO DAVID A, "WE0OARONER R. C"ES-IREJR. KIEN*4EY K 6OELLERJANET C. *OS'W#CKq CLEEK W "OLOWELDAVIDOK. RAY DEBRA DQCC.SE..M...EQRORY C. MAYS ANDREA A .AKNGEORGE 0. KRAU-t.A PAUL 0. J -E%ERIC SLOCUM SPARKS C-AOLC RIEKE%^
S- (~ .) (~
'~V%.C-'LOC7S
4r4N(,K... CEiN'A,
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G"RENY 2eALLC. AX 85f,:44OZ 45 0"??
December 12, 1987
Lawrence M. NobleGeneral CounselFederal Election CommissionWashington, D.C. 24063
--)
a*%
RE: MUR 2403
Dear Mr. Noble:
Please find enclosed the original Conciliation Agreementexecuted on December 10, 1987, and a check made payable to theF.E.C. for $150.00 in full settlement of this matter. After youhave signed the Agreement, please send a copy back to this office.
Thank you for your assistance in this matter.
Very truly yours,
Paul D. Julien
PDJ/wp
Enclosures: as
PIMA COUNTY REPUBLICANCENTRAL COMMITTEE
2 2 35 E. BROADWAYTUCSON, AZ 8 5 719
N2 2116
91 2-1221
,C7~ C~.$[/: 7 6' , I
OLLAR!
BR1OADWAY OFFICE (031)P.O. Box 20 71Tucson, Arizona 85702-2071
1"8002 116,18 i: L 2 2 LOQO 2tti: 200 LouS'2 7?No
-')EMORANDUM (aac#t5-6 3,;1DEBRA A. TRIM'IEW
CECILIA LIEBER
CHECK NO. -'
TO: CECILIA LIEBER
At-l B 4wsQC-cFROM: 0ER . R1[
f AC' 1UR -)-4C ?! AND NAME
WAS RECIEVED ON /c~J3) /&r
COPY OF WHICH IS ATTACHED I RELATING
ICOJL &$a iflS +x ~ ,, 'ksZlL
PLEXASE INDICATE THE ACCOUNT
TO
WH4ICH IT SHOULD BE DEPOSITED:
/ BUJDGET CLEARING ACCOLUNT
/ CIVIL PENALTIES ACCOUNT { 9LS-1099.1w. I
/ OTHER
SIGNATURE ~4b~ A6L~dArL DATE V-/17
from
TO:
FROMl:
ell
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SIGNATURE
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PrCEIV~ED.FEDERAL rLcrTl" -"-!!!'SS!,)
In the Matter of )88 JAN 20 PM 2:036
Pima County Republican Central ) MUR 2403Committee and Robert Smith, as )treasurer)
GER&LCOUNSEL' S REPORT
I. DACGIVND
Attached is a conciliation agreement which has been signed
by Paul D. Julien, attorney for the Pima County Republican
Central Committee and Robert Smith,, as treasurer.
The attached agreement contains no changes from the
agreement approved by the Commission on December 1, 1987. A
$150.00 check for the civil penalty has also been received.
3I1. CIE DTIONS
1. Accept the attached conciliation agreement with Pima County
Republican Central Committee and Robert Smith, as treasurer.
2. Close the file.
3. Approve the attached letter. 4
/L 'rence M. Nobleeneral Counsel
Attachments1. Conciliation Agreement2. Photocopy of civil penalty check3. Letter to Respondent
Staff Person: Sandra Dunham
Date
BEFORE THE FEDERAL ELECTION COMMISSION
In the Matter of
Pima County Republican CentralComhmittee and Robert Smith, astreasurer
MUR 2403
CERTI FICATION
I, Marjorie W. Emn ns, Secretary of the Federal
Election Commission, do hereby certify that on January 25,.
1988, the Commission decided by a vote of 6-0 to take
the following actions in MUR 2403:
1. Accept the conciliation agreement with PimaCounty Republican Central Committee andRobert Smith, as treasurer, as recommendedin the General Counsel's report signedJanuary 20, 1988.
2. Close the file.
3. Approve the letter, as recommended An theGeneral Counsel's report sign-ed January 20,1988.
Commissioners Aikens, Elliott, Joseflak, McDonald,
McGarry, and Thomas voted a-ffirmatively ffor the decision.
Attest:
Date Urjorie W. EmnmonsSecretary of the Commission
Received in the Office of Commission Secretary:Wed.,Circulated on 48 hour tally basis: Tues.,Deadline for vote: Mon.,
1-20-88, 2:361-21-88, 11:001-25-88, 11:00
C~n 4
FEDERAL ELECTION COMMISSIONWE 7LUJ WASHINGTON DC N04%1
January 26, 1988
Paul D. Julien, EsquireMolloy, Jones & Donahue, P.C.P.O. Box 2268Tucson, Arizona 85702-2268
RE: MUR 2403Pima County RepublicanCentral Committee andRobert Smith. astreasurer
Dear Mr. Julien:
On January 25, 1988, the Federal Election Commissionaccepted the signed conciliation agreement and civil penaltysubmitted on your client's behalf in settlement of a violation of2 U.S.C. S 434 (a) (4) (A) (iii) , a provision of the Federal ElectionCampaign Act of 1971, as amended. Accordingly, the file has beenclosed in this matter. This matter will become a part of thepublic record within 30 days. If you wish to submit any factualor legal materials to appear on the public record, please do sowithin ten days. Such materials should be sent to the Office ofthe General Counsel.
Please be advised that information derived in connectionwith any conciliation attempt will not become public without thewritten consent of the respondent and the Commission. See2 U.S.C. S 437g(a)(4)(B). The enclosed conciliation agreement,however, will become a part of the public record.
Enclosed you will find a copy of the fully executedconciliation agreement for your files. If you have anyquestions, please contact Sandra Dunham, the staff memberassigned to this matter at (202) 376-8200.
awr ce M. Noble
EnclosureConciliation Agreement
B 3FR T=E -DEA ELECTION COMUISSIOU
In the Matter of)
Pima County Republican Central ) MUR 2403Committee and Robert Smiths)as treasurer,
CONCILIATION A--EDIEA
This matter was initiated by the Federal Election Commission
("the Commissionu), pursuant to information ascertained in the
normal course of carrying out its supervisory responsibilities.
The Commission found reason to believe that Pima County
Republican Central Committee and Robert Smith,, as treasurer,
("Respondents") violated 2 U.S.C. S 434(a) (4) (A) (iii).
NOW, THEREFORE, the Commission and the Respondents, having
participated in informal methods of conciliation, prior to a
finding of probable cause to believe, do hereby agree as follows:
I. The Commission has jurisdiction over the Respondents
and the subject matter of this proceeding, and this agreement has
the effect of an agreement entered pursuant to 2 U.S.C.
S437g (a) (4) (A) (i).
Ii. Respondents have had a reasonable opportunity to
demonstrate that no action should be taken in this matter.
III. Respondents enter voluntarily into this agreement with
the Commission.
IV. The pertinent facts in this matter are as follows:
1. Respondent, Pima County Republican Central
Committee, is a political committee within the meaning of
2 U.S.C. S 431(4).
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2. Respondent, Robert Smith, is the treasurer of Pima
County Republican Central Cammittee.
3. Respondents vere required to file their 1986 Post-
General Election Report by December 4, 1986. This report was
filed on February 9, 1987.
V. Respondents failed to file their 1986 Post-General
Report in a timely manner, in violation of 2 U.s.c.
S 434 (a) (4) (A) (iii) .
VI. Respondents will pay a civil penalty to the Federal
Election Commission in the amount of One Hundred Fifty Dollars
($150) , pursuant to 2 U.S.C. S 437g (a) (5) (A) .
VII. The Commission, on request of anyone filing a complaint
under 2 u.S.C. S 437g(a) (1) concerning the matters at issue
herein or on its own motion, may review compliance with this
agreement. If the Commission believes that this agreement or any
requirement thereof has been violated, it may institute a civil
action for relief in the United States District Court for the
District of Columbia.
VIII. This agreement shall become effective as of the date
that all parties hereto have executed same and the Commission has
approved the entire agreement.
IX. Respondents shall have no more than thirty (30) days
from the date this agreement becomes effective to comply with and
implement the requirement contained in this agreement and to so
notify the Commission.
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X. This Conciliation Agreement constitutes the entire
agreement between the parties on the matters raised herein, and
no other statement, promise, or agreement, either written or
oral, made by either party or by agents of either party, that is
not contained in this written agreement shall be enforceable.
FOR THE COMMISSION:
General Counsel
- FOR THE RESPONDENTS:
~4,0Paul D. Julien Date
-~ Attorney for Respondents
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