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

I.

coo 170167Pima C"-ounty Republican Central Committee 8 4 7'C"00 170 167 87NF-73

PIN& COUNTY REPUBLICAN CjTRAL CIXTFBK

(Attachments 13a a 13b)

[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

04f 21 On~ V Rmi lief wyMO VO W 6'

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idT O Bn o f ow i . . . . . . .. . . . . . . . .

lesees Go Lo amma tw &I W.... .. ..

Li .w0O t awskg Tew - IM L&S= .... ....... .

iaosm~bmtOnom os1con....................Oufi asaw0fo Co &ot

UBIJ Sol&-

'14 few =03 OWftw Ofw to Tm

4 + T ak. 1917 LO=3

Nov SWM"' w .. fwvMOM MDOMM ftf f ewoS"WA -ni M oft GOOO 40 7 s W. 1 uCe 04310

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:

Republican CentralPin& County

Committee and Robert Smith, as treasurer; and

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,

FN' 0 A Z a550

eC'), 2053 ''S4

550 LA CANADA DNQ-su'E ? o

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

CO -

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ca

"64-!z lie;?

ObI mI=- r - - f - - - -

I

SIGNATURE

X" '.-'0 v 'r PeZ72-

/ -/ Z/

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

TIC-

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FEDERAL ELECTION COMMISSIONWASHINCION. D C 20463

THIS IS R GINUE UF[UR #

DATE F I LlD ____ CAM NO.

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