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Ethics Adjudicatory Board Order regarding the assessment of additional penalties under La. R.S. 18:1505.4A(4)(a)and(b) against Ronnie S. Smith, a candidate for St. John the Baptist Parish President in the October 22, 2011 election, who failed to file his 30-P, 10-P, EDE-P, and 10-G campaign finance disclosure reports. |
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Ronnie Smith, a candidate for St John the Baptist Parish President in the October 22, 2011 election, violated La. R.S. 18:1505.1 by failing to file his 30-P, 10-P, EDE-P and 10-G candidate reports in connection with the October 22, 2011 election as required by La. R.S. 18:1495.4 and La. R.S. 18:1532 of the Campaign Finance Disclosure Act.(CFDA)
On August 7, 2014, the Board issued a late fee assessment to Ronnie Smith for failure to file his 30-P, 10-P, EDE-P and 10-G campaign finance disclosure reports. The assessments were received by certified mail on August 9, 2014. As of today, the required candidate's reports have not been filed.
On August 7, 2015, the EAB held a hearing to determine if Mr. Smith failed to file his 30-P and 10-P reports more than 6 days late and his 10-G and EDE-P reports more than 11 days late.
On September 15, 2015, the EAB held that Mr. Smith's reports were filed late and Ordered that the Board of Ethics may impose the additional penalties allowed by 18:1505.4A(4)(a) and (b).
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18:1505.1.A. Failure to submit the reports required by this Chapter shall constitute a violation of this Chapter. Failure to submit any such report within three days after the final date for filing shall be presumptive evidence of intent not to file the report. B. Failure to submit the reports required by this Chapter at the time required shall constitute a violation of this Chapter. R.S. 18:1495.4 states that a candidate and his campaign treasurer, if any, shall file campaign finance disclosure reports containing the information required by that Section and R.S. 18:1495.5. These reports shall be filed according the schedule set forth in the CFDA. R.S. 18:1532 requires each candidate, each political committee, and each person required to file reports to file a disclosure of election day expenditures 10 days after a primary election and 10 days after a general election.
La. R.S. 18:1505.4A(4)(a) For all other reports required by this Chapter, to be filed between the time a candidate qualifies and election day, in addition to any penalties that may be imposed by this Section or any other law, the supervisory committee may impose on any person required to file such a report who has not filed such report by the sixth day after such report is due, after an adjudicatory hearing by an adjudicatory panel of the Ethics Adjudicatory Board conducted in accordance with the Code of Governmental Ethics, with notice to the party who is the subject of the hearing, an additional civil penalty not to exceed ten thousand dollars.
La. R.S. 18:1505.4A(4)(b) For all other reports required by this Chapter, in addition to any penalties that may be imposed by this Section or any other law, the supervisory committee may impose on any person required to file such a report who has not filed such report by the eleventh day after such report is due, after an adjudicatory hearing by an adjudicatory panel of the Ethics Adjudicatory Board conducted in accordance with the Code of Governmental Ethics, with notice to the party who is the subject of the hearing, an additional civil penalty not to exceed ten thousand dollars.
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Issue orders to assess penalties in accordance with La. R.S. 18:1505.4A(4)(a) and (b) in the amount of $10,000 for each report.
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| Assigned Attorney: |
Suzanne Mooney |
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