Meetings
 
Agenda Item
Docket No. 13-779
 
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RE:
Ethics Adjudicatory Board Order regarding the assessment of additional penalties under La. R.S. 18:1505.4A(4)(b) against Troy Terrell an unsuccessful candidate for the 38th District State Senate Seat in the October 22, 2011 election who failed to file his supplemental campaign report on February 15, 2013.
Facts:
Troy N. Terrell was an unsuccessful candidate for 38th District State Senate seat in the October 22, 2011 election. Mr. Terrell has outstanding debt $120,380 which requires him to file a supplemental report. On October 4, 2014, Mr. Terrell received late fee orders assessing him $2,000 for the failure to file his 2012 supplemental campaign finance report and ordering him to file the report. To date he has failed to do either.



On January 7, 2016, the EAB held a hearing to determine if Mr. Terrell failed to file his 2012 supplemental campaign finance report more than 11 days late.

On January 15, 2016, the EAB held that Mr. Terrell's report was over eleven days late and Ordered that the Board of Ethics may impose the additional penalties allowed by 18:1505.4A(4)(a) and (b).



Law:
La. R.S. 18:1505.1 states that the failure to file or failure to disclose accurately any information required to be reported shall constitute a violation of the CFDA.
La. R. S. 18:1495.4D(1) of the CFDA provides that if the final report of a candidate for an election shows a deficit or a surplus, the candidate shall file a supplemental report with the supervisory committee of all expenditures, loans, and contributions received. Such reports are filed annually no later than February 15 and shall be complete through the preceding December thirty-first. Such report shall be filed until a report is filed which shows no deficit and until any surplus campaign funds have been disposed. 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.







Recommendations:
Issue order to assess penalties in accordance with La. R.S. 18:1505.4A(4)(b) in the amount of $10,000.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2013-779- Decision and Order