Meetings
 
Agenda Item
Docket No. 20-393
 
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RE:
Request that the Board waive three (3) $2,000 campaign finance late fees assessed Monique Lafontaine, a candidate for Judge /1st Parish Court, Division B, in the November 4, 2014 election, and her committee's chairperson, Paul Simmons, whose 2015, 2017 and 2018 supplemental campaign finance disclosure reports have not been filed.
Facts:
Monique Lafontaine states the following:

She had significant personal, medical, and professional events during this entire time period (early 2016 through 2018) that affected every other thing in their lives, and allowed many things to fall through the cracks, which included an investigation into, and response to, the letters from the Louisiana Board of Ethics. However; at no point did they intend to disregard or dismiss their obligations. To the contrary, they thought all had been met, based upon advice from the Accountant to the Campaign.

Paul Simmons submitted a waiver request and states the following:

For background information and reasons why reports were not filed timely, at the time of this campaign, he and Ms. Lafontaine were married, she is now his ex-wife. For this Campaign, he reluctantly agreed to be Committee Chair. During which, as he understood the duties, he provided general oversight of contributions and disbursement of funds, although most contributions were personally funded. Other than duties described, and much like the decisions for Ms. Lafontaine to run for office, his counsel held little relevance with regards to actions required to close this campaign out. As he understood it, Ms. Lafontaine, along with the campaign' s accountant, were supposed to leave the campaign open for a bit and clear up paperwork required and then this campaign would be closed. While he doesn't' t recall the exact time line, or cause of delays, but before completed, the campaign accountant retired. Ms. Lafontaine was tasked to find a replacement accountant who'd have filings taken care of and eventually close out the campaign. This came up from time to time, and when he'd inquire, he was told all was taken care of. Some time after the campaign, he discovered a letter from the Board. He was told by Ms. Lafontaine that it was a misunderstanding and she was addressing it. He' ll also add, he personally doesn't recall receiving any letters addressed to him from Ethics until now. In the years during and following this Campaign, he and Ms. Lafontaine were in constant conflict. Situations such as this and similar, were sources of dispute and deception. Then in 2016, he started having serious health problems. For all of the reasons above, his inability due to health problems and being in conflict with the candidate, he writes to dispute his culpability in the lack of filings and payment of fees. He prays for assistance to sever all personal and financial ties with this candidate and her campaign. He would be happy to sign any document/form or give affidavit to such. He also prays the Louisiana Board of Ethics, and the Ethics Adjudicatory Board give serious consideration to his unique situation and grant him relief from his involvement with this campaign.



Comments:
ELECTION: November 4, 2014
TYPES OF REPORT: 2015 SUPPL, 2017 SUPPL & 2018 SUPPL
DAYS LATE: 1669, 939, & 574
ASSESSED FEE: $2,000, $2,000, & $2,000
REPORTS DUE: February 16, 2016, February 15, 2017 & February 15, 2018
REPORTS FILED: September 11, 2020


ACTIVITY REPORT:


2015 Suppl: $-0 Receipts; $-0 Expenditures; $3,385.44 Funds on Hand at the Close of Reporting Period.


2017 Suppl: $-0 Receipts; $-0 Expenditures; $3,385.44 Funds on Hand at the Close of Reporting Period.

2018 Suppl: $-0 Receipts; $-0 Expenditures; $3,385.44 Funds on Hand at the Close of Reporting Period.

OTHER LATE FILINGS: 2016SUPP, $2,000 fee unpaid, at AG for collection


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 for each day until such report is filed.

18:1495.4D(1) If the final report of a candidate for an election, as required by Paragraph (5), (6), or (7)of Subsection B of this Section, shows a deficit or a surplus, the candidate and his treasurer, if any, shall file supplemental reports with the supervisory committee of all information required in R.S. 18:1495.5. Such reports shall be filed annually no later than February fifteenth and shall be complete through the preceding December thirty-first. Such a supplemental report shall be filed each year until a report has been filed which shows no deficit and until any surplus campaign funds have been disposed of in accordance with R.S. 18:1505.2(I). The report on surplus funds shall disclose the disbursement of such funds in the same manner as expenditures are reported.

Recommendations:
Decline to waive with a letter included explaining that the chairperson is not liable for the outstanding late fees.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2020-393 - CF Waiver Request Supp 2015 Monique Lafontaine
2020-393 - CF Waiver Request SUPP 2017 Monique Lafontaine
2020-393 - CF Waiver Request SUPP 2018 Monique Lafontaine
2020-393- CF Waiver Requeet- Paul Simmons