Meetings
 
Agenda Item
Docket No. 12-451
 
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RE:
Reconsideration request that the Board waive the $12,200 in campaign finance late fees assessed against Louisiana UAW, a political action committee, whose 30-P, 10-P, and 10-G campaign finance disclosure reports were filed 15, 18, and 6 days late.
Facts:
In connection with his request for a waiver of the $3,000 and reassessed $6,000, $2,000, and $1,200 late fees assessed for the late filings of a 30-P, 10-P, and 10-G campaign finance reports, Carlos F. Bermudez, counsel on behalf of the committee, states that for its 30-P and 10-P reports, the committee had no receipts or disbursements and the fines should not have been assessed. As for the 10-G report, the committee had no receipts and made a single expenditure. The expenditure was for a $1,000 contribution, which was reported prior to the November 19, 2011 election. Mr. Bermudez further states that unintended lack of familiarity due to leadership changes and related shifts at the committee influenced the late filing of the reports. In Ethics Board Docket number 2004-291, the Board suspended all but $1,000 of $7,000 in late fees imposed against Louisiana State UAW for filing its 30-P report 148 days late, 10-P report 128 days late, and 10-G report 86 days, late in connection with the October 4, 2003 election. The suspension of the $6,000 was conditioned upon future compliance with the Campaign Finance Disclosure Act, therefore, the $6,000 is now being reassessed as a result of the new late filing of the 30-P report due September 22, 2011.

In addition, Mr. Bermudez states that their representative, Danny Trull, Sr. requests to appear before the Board to discuss the assessment of the late fees.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 30-P, 10-P, and 10-G
DAYS LATE: 15, 18, and 6
ASSESSED FEES : $3,000 (and reassessed $6,000) , $2,000, and $1,200
REPORTS DUE: September 22, 2011, October 12, 2011, and November 9, 2011
REPORT FILED: October 7, 2011, October 30, 2011, November 15, 2011
ACTIVITY REPORTED:
30-P: $684.32 in receipts, $6,600 in disbursements, and $18,785.32 in funds on hand
10-P: $0 in receipts, $0 in disbursements, and $18,785.32 in funds on hand
10-G: $0 in receipts, $1,000 in disbursements, and $17,785.32 in funds on hand


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:
2012-451- Waiver Request
2012-451- Louisiana State UAW-waiver request-appeal for 30-P
2012-451- LA State UAW-2004 correspondence regarding reassessment of late fee