Meetings
 
Agenda Item
Docket No. 13-1125
 
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RE:
Request the Board waive the $1,000 campaign finance late fee assessed against Larry J. Warino, Sr., a candidate for Council Member, District 5, City of Westwego, Jefferson Parish in the April 6, 2013 election, whose 10-G campaign finance disclosure report was filed 34 days late.
Facts:
In connection with his request that the Board waive the late fees assessed for the late filing of the report, Larry J. Warino Sr. states that he has served as District 5 councilman in Westwego since July of 2005. His district consists of approximately 1,700 residents.

He states that due to the results of the 2010 census, the City of Westwego was required to approve a plan of redistricting, which changed the boundaries of his district. He was reelected by the voters to serve a third term in the primary election that was held on April 6, 2013. He states that in the midst of the confusion surrounding the city-wide election and further exacerbated by the newly drawn district boundaries, he mistakenly interpreted the "Schedule of Reporting and Filing Dates" to require his final report of the campaign to be submitted by June 13, 2013 (40th day after general). Having been elected in the primary, he was not required to participate in the general election, and therefore erroneously concluded that his next report was not yet due. Adding to his confusion he received a "Notice of Delinquency" from the Louisiana Board of Ethics dated April 19, 2013 stating that he had not timely filed the EDE-P campaign finance report that was due three days earlier.

He telephoned the Louisiana Board of Ethics and explained that he had filed the report timely and had a fax report as evidence. After some research, he states he was told that there was a record of the timely filing and that he could ignore the April 19th letter. He states that he did not receive a similar "Notice of Delinquency" three days after the due date of the 10-G report in question and there was not alerted to the April 24, 2013 deadline. He states that if he had received that notice three days after the due date, he would certainly have immediately filed the report. He further states that the late filing was unintentional and that he has a history of timely filing all required reports and respectfully requests his late fees be waived.

Comments:
ELECTION: April 6, 2013


TYPE OF REPORT: 10-G


DAYS LATE: 34


ASSESSED FEE: $1,000


REPORT DUE: April 24, 2013


REPORT FILED: May 28, 2013


ACTIVITY REPORTED: $500.00 in receipts, $2,101.68 in disbursements, and $2,840.70 funds on hand


OTHER LATE FILINGS: 0

Law:
18:1505.4.A(1) Any candidate, the treasurer or chairman of a political committee, or any other person required to file any reports under this Chapter, who knowingly fails to file or who knowingly fails to timely file any such reports as are required by this Chapter may be assessed a civil penalty as provided in R.S.42:1157 for each day until such report is filed. 18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period.
Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-1125- Waiver Request