| Request for reconsideration of the Board's decision to decline to waive the four (4) campaign finance late fees ($3,000, $3,000, $3,000 and $2,000) assessed against Tunica Biloxi Indians PAC, a political action committee, its committee's chairperson, David Rivas, Jr., and treasurer, Mark Brunson, in the October 12, 2019 election election, whose 180-P, 90-P, 30-P and 40-G campaign finance disclosure reports were filed 240, 151, 109, and 13 days late, respectively. |
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RECONSIDERATION:
In addition to the grounds stated in Tunica' s original correspondence to the Board, please note at the outset, the imposition of this late fees/ penalties, would cause an undue financial hardship, considering the current circumstances. Due to COVID- 19, in April, the Tribe was forced to cancel one of its main fundraisers after having already expended fees, expenses, and costs for such event, which were nonrefundable. Moreover, Tunica' s other fundraiser, scheduled in September will likely require cancellation as well. Additionally, the Board has never granted a waiver of fees to the Tribe and are requesting that the Board do so here for the first and only time, to prevent undue financial hardship as noted above and for the reasons set forth herein.
Initial Waiver Information:
Mr. David Rivas, Jr., chairperson/director for Tunica-Biloxi Indian PAC, requests and states the following:
Before completion of their reporting for the year of 2018, their Ethics report was completed by a staff member employed by Tunic-Biloxi Tribe. Unfortunately, said staff member resigned without leaving anyone with log-in information, ethics training, or any information needed to complete these reports. He was not made aware of the Ethics reports not being completed until the TBIPAC received a $3,000 fine for late reporting in 2018. After receiving the fine, he then lobbied with the Tunica-Biloxi Tribe to allow him to hire a new staff member. The Tribe was in the midst of a hiring freeze and didn't allow him to hire a new staff member until the end of July of 2019. They have filed all necessary reports for 2019.
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ELECTION: October 12, 2019
TYPES OF REPORT: 180-P, 90-P, 30-P & 40-G
DAYS LATE: 240, 151, 109 & 13
ASSESSED FEE: $3,000, $3,000, $3,000 & $2,000
REPORTS DUE: April 15, 2019, July 15, 2019, September 12, 2019, and December 27, 2019
REPORTS FILED: December 11, 2019, December 13, 2019, December 30, 2019 and January 9, 2020
ACTIVITY REPORTED: 180-P $145,591.54 in Receipts; $36,139.72 in Expenditure; $266,281.51 Funds on Hand at Close of Reporting Period
90-P: $26,467.90 in Receipts; $17,268.25 in Disbursements and $275,481.16 Funds on Hand at Close of Reporting Period
30-P: $29,351.27 in Receipts; $30,599.65 in Disbursements and $274,232.78 Fund on Hand at Close of Reporting Period
40-G: $35,888.12 in Receipts; $25,289.97 in Disbursements and $288,062.87 Fund on Hand at Close of Reporting Period
OTHER LATE FILINGS: TWO- PAID
11/8/2016 Election: 10-P (2 days late)- $400
30-P (6 days late)-$1,200
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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. 18:1484.(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.
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Affirm prior decision to decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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