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STATE OF LOUISIANA <br /> pF LOp´┐Ż DEPARTMENT OF STATE CIVIL SERVICE <br /> F for <br /> LOUISIANA BOARD OF ETHICS <br /> P R0 BOXOUGE LA 6 <br /> BATON 219 LA 70821 <br /> (225)25)21&5600 <br /> FAX. <br /> 00842-6630 <br /> L960-942-6630 <br /> www.etM1ics.le.Bov <br /> July 21,2023 <br /> Charles Kleckley <br /> 5019 Geddings Street <br /> Lake Charles, Louisiana 70605 <br /> Re: Docket No.2023-408 <br /> Advisory Opinion <br /> Dear Mr. Kleckley: <br /> The Louisiana Board of Ethics,at its July 7,2023 meeting,considered your request for an advisory <br /> opinion as to whether a fine assessed against your campaign account may be paid by a political <br /> committee. <br /> FACTS PROVIDED <br /> You previously served as State Representative for the 36`b Representative District. You filed a <br /> 2021 annual campaign finance disclosure report on February 15, 2022 (the "Campaign Report"), <br /> in which you disclosed that you transferred the balance of your campaign account to Kleckley <br /> PAC, a political committee (the "PAC"). The Campaign Report disclosed that at December 31, <br /> 2021, your campaign account bad zero funds on hand. Subsequent to the filing of the Campaign <br /> Report,your campaign was assessed a penalty of$2,000 in connection with the Campaign Report. <br /> You would like to know if the PAC, which holds the balance of funds that were transferred from <br /> your campaign upon the close of your campaign account, may pay the fine assessed against your <br /> campaign in connection with the Campaign Report. <br /> LAW <br /> La. R.S. 18:1505.20(1) states that a fine, fee, or penalty assessed for a violation of this Chapter <br /> shalt be paid only by the person against whom the fine,fee,or penalty was assessed.All such fines, <br /> fees,or penalties may be paid only with the personal funds of such person or with contributions in <br /> accordance with Subsection I of this Section. <br /> ANALYSIS <br /> The fine assessed in connection with the Campaign Report was assessed against your campaign. <br /> The fine was not assessed against the PAC. Accordingly, La. R.S. 18:1505.20(1) provides that <br /> any fine,fee or penalty assessed against your campaign may only be paid by you or your campaign <br /> account. As the statute clearly establishes the appropriate payees of fines and fees, the Louisiana <br /> Page 1 of 2 (BD 2023-408) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />