Meetings
 
Agenda Item
Docket No. 12-547
 
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RE:
Request that the Board waive the $3,000 and $3,000 campaign finance late fees assessed against PSI PAC, a political action committee, whose 10-G and 40-G campaign finance disclosure reports were filed 449 and 400 days late.
Facts:
In connection with his request for a waiver of the $3,000 and $3,000 late fees assessed for the late filings of a 10-G and 40-G campaign finance reports, Jason D. Kaune, on behalf of PSI PAC, states that PSI is an engineering, consulting, and testing firm with 2,500 employees and 100 offices nationwide, including offices in Louisiana. In November of 2011, PSI PAC, sought advice from counsel, Dane S. Ciolino, as to how to properly respond to a request from an Ethics Board investigator to identify PSI PAC and its activities in Louisiana elections. He maintains that through an internal review of their records, it became apparent that based upon expenditures made by PSI PAC, the committee had state reporting requirements. Mr. Kaune further states that through consultations with the Ethics division, it was determined that PSI PAC became a political committee on or about April 20, 2010 and thus had been required to file the 10-G and 40-G campaign finance reports. In addition, Mr. Kaune asks that the Board take into consideration the committee's lack of knowledge regarding reporting requirements, the fact that all expenditures were reported by candidates, the discovery that PSI could have made Louisiana expenditures directly without the need of a PAC filing, the committee's compliance system, and the significant legal costs incurred throughout this ordeal.

Comments:
ELECTION: October 2, 2010
TYPE OF REPORTS: 10-G and 40-G
DAYS LATE: 449 and 400
ASSESSED FEES: $3,000 and $3,000
REPORTS DUE: October 25, 2010 and December 13, 2010

REPORTS FILED: January 17, 2012
ACTIVITY REPORTED:
10-G: $46,000 in receipts, $46,725.00 in disbursements, and $12,738.23 in funds on hand

40-G: $0.00 in receipts, 48,350.00 in disbursements, and $4,388.23 in funds on hand

OTHER LATE FILINGS: None

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.

Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-547- Waiver Request