Meetings
 
Agenda Item
Docket No. 13-1524
 
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RE:
Appearance in connection with a request that the Board waive the $500 and $1,500 campaign finance late fees assessed against LA FAM PAC whose 10-G and 30-P campaign finance disclosure report were filed 1,087 and 1,028 days late.
Facts:
In connection with his request that the Board waive the late fee assessed for the late filing of the reports, Ragan LeBlanc, Executive Vice President for La Fam PAC states there are many reasons for the timeline involved in the lack of reporting. He states first and foremost, last year LA FAM PAC staff from their office scheduled an appointment at the Board of Ethics in October of 2011 to discuss filing deadlines, reports that were needed and to become more familiar with reporting schedules as required by the Board.

Two employees met with Jenny Arnaud and Joel Manuel about the filing process. When staff presented, they were instructed what reports were needed and filed those reports. These reports were in response to issues with the October 22, 2011 election. Those reports were filed immediately and since then, LA FAM PAC went to monthly filing in order to keep this from happening in the future.

Regarding docket number 2011-831 pertaining to the January 22, 2011 election, they received correspondence from the Board of Ethics on June 22, 2011 stating that an investigation was being conducted and again on July 6, 2011. Since the letters in 2011, LA FAM PAC has not received no correspondence regarding any issues until August 26, 2013 where they were informed that there was a failure to submit reports and failure to report timely or properly and that a pre-hearing phone conference was scheduled for October 22, 2013.

Regarding docket no. 2011-818 pertaining to the October 2, 2010 election, they received correspondence from the Board of Ethics on June 22, 2011 stating that an investigation was being conducted and then again on August 23, 2012 stating the same. Since the letter in 2012 LA FAM PAC did not receive any correspondence regarding any issues until august 26, 2013 where they were informed that there was a failure to submit reports and failure to report timely or properly and that a pre-hearing phone conference was scheduled for October 22, 2013. Since the letters in August 2013, he states that he contacted Aneatra Boykin and explained that he was very confused by the letters he had received since there was such a lapse in time between the original investigation and the scheduling of a pre-hearing phone conference. They believed that once they had met with the Board of Ethics in 2011, that they had cleared up any issues regarding reports that were needed.

After Ms. Boykin looked into the information that he provided , she indicated that there were additional reports that needed to be filed and they were immediately done that same day. He states that lastly, they also ask that the Board take into consideration the financial situation of LA FAM PAC. The fine would bankrupt the PAC and cause serious financial hardship. He states they feel that they have instituted the necessary processes to ensure timely filing of reports and have done everything they can to correct the mistakes previously made.

Comments:
ELECTION: October 2, 2010 and January 22, 2011


TYPE OF REPORT: 10-G and 30-P


DAYS LATE: 1,087 and 1,028


ASSESSED FEE: $500 and $1,500


REPORT DUE: October 25, 2010 and December 23, 2010


REPORT FILED: October 16, 2013


ACTIVITY REPORTED: 10-G $0 in receipts, $500 in disbursements, and $7,710.93 funds on hand; 30-P $3,500 in receipts, $3,600 in disbursements, and $7,710.93 funds on hand


OTHER LATE FILINGS: 1 Monthly Report filed on August 15, 2013, 3 days late, $600 fine paid.

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:
2013-1524: Waiver Request