Meetings
 
Agenda Item
Docket No. 12-1669
 
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RE:
Appearance in connection with a request that the Board waive the $2,500 campaign finance late fee assessed against Troy Henry, a candidate for Mayor of the City of New Orleans, in the February 6, 2010 election, whose Supplemental campaign finance disclosure report was filed 437 days late.
Facts:
In connection with his request for a waiver of the $2,500 late fee assessed for the late filing of a Supplemental campaign finance report, Brian L. Guillot, counsel representing Troy Henry, states that Mr. Henry is a first time candidate who did not have significant experience with filing campaign related reports. Mr. Guillot maintains that the candidate attempted to file his report several times, and each time the report was rejected. Daniel Davillier, who also represents Mr. Henry, would like to appear before the Board regarding the $2,500 late fee.
Mr. Henry was required to electronically file his Supplemental report,(the last report filed with the February 6, 2010 election showed a $490,000 deficit). A reminder notice dated January 13, 2011 was sent to Mr. Henry informing him of the requirement to electronically file his Supplemental report, and a Notice of Delinquency was sent via certified mail on February 18, 2011(see attached documentation). Mr. Henry failed to electronically file his report by February 15, 2011,and was referred to investigation on April 15, 2011. On or around August 5, 2011, an attempt to file the report was made by Ms. Bryna Robinson, Treasurer on behalf of Mr. Henry. She was informed that the information she submitted needed to be placed on the correct form (see attached documentation). Shortly thereafter, an Annual/Supplemental report was fax filed on paper form on August 16, 2011 by Ms. Robinson. It was not until after charges for failure to electronically file the Supplemental report, which were filed on April 13, 2012, that a Supplemental report was electronically filed on April 27, 2012.

Comments:
ELECTION: February 6, 2010
TYPE OF REPORT: Supplemental
DAYS LATE: 437
ASSESSED FEE: $2,500
REPORT DUE: February 15, 2011

REPORT FILED: April 27, 2012
ACTIVITY REPORTED:

$0 in receipts, $28,657.79 in disbursements, and $-28,857.79 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. 18:1485C. Each candidate for a major or district office and each principal campaign committee of a candidate for a major or district office that receives contributions or loans in excess of twenty-five thousand dollars in the aggregate during the aggregating period or that makes expenditures in excess of twenty-five thousand dollars in the aggregate during the aggregating period shall electronically file reports of contributions and expenditures with the supervisory committee. Effective January 1, 2010, Act 25 of the 2008 1st Extraordinary Session requires Major and District office level candidates with more than $25,000 in contributions/loans or more than $25,000 in expenditures in connection with a specific election to electronically file campaign finance disclosure reports. A report is considered not filed until it is filed electronically.

Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1669- Waiver Request
2012-1669- Troy Henry-reminder notice dated 1/13/11
2012-1669- Troy Henry-Notice of Delinquency
2012-1669- Troy Henry-email from Bryna Robinson