Meetings
 
Agenda Item
Docket No. 12-1359
 
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RE:
Request that the Board waive the $1,000 and $200 campaign finance late fees assessed against Ray Lauga, Jr., a candidate for St. Bernard Parish Council, District A, in the October 22, 2011 election, whose 10-G and 40-G campaign finance disclosure reports were filed 231 and 5 days late.
Facts:
In connection with his request for waiver of the $1,000 and $200 late fees assessed for the late filings of a 10-G and 40-G campaign finance reports, Ray Lauga, Jr., presents additional information stating that the primary cause for his not responding to late fee assessment letters sent via certified mail by the staff is that no one is at his residence during business hours. He states that he cannot pick up certified mail during business hours due to work, and the post office where he gets his mail is closed on Saturdays. Mr. Lauga maintains that his 10-G report was faxed on November 10, one day late. He states that his campaign account has just over $100 balance, and the late fees would have to be paid from his personal funds. Mr. Lauga ask that that Board waive or reduce the late fees, or allow for him to do a payment plan if the late fees cannot be waived.




In addition, the Ethics IT staff researched its records to determine if the reports were timely faxed. It was determined that staff received a Tier 2 Financial Disclosure report from Mr. Lauga on October 12, 2011 (it is attached for reference). Ethics IT staff did not find any other faxes from Mr. Lauga on or around the dates of November 9, 2011 and November 29, 2011, the due dates for the 10-G and 40-G reports. Mr. Lauga is an any other level candidate. This is his second campaign. He was a successful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 10-G and 40-G

DAYS LATE: 231 and 5

ASSESSED FEES: $1,000 and $200

REPORTS DUE: November 9, 2011 and December 29, 2011

REPORTS FILED: January 3, 2012 and June 27, 2012

ACTIVITY REPORTED:

10-G: $16,150 in receipts, $16,302.52 in disbursements, and $138.62 in funds on hand

40-G: $16,150 in receipts, $16,302.52 in disbursements, and $138.62 in funds on hand

OTHER LATE FILINGS: 2

EDE-P and EDE-G reports filed 8 and 1 day(s) late, in connection with the October 22, 2011 election. The late fees assessed for the late filings of reports have not been paid.

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 and allow Mr. Lauga to enter into a payment plan.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1359- Ray Lauga, Jr.-correspondence of September 11, 2012
2012-1359- Ray Lauga, Jr.-correspondence of September 13, 2012
2012-1359- September 29, 2012 correspondence from Ray Lauga, Jr.
2012-1359- Waiver Request
2012-1359- Ray Lauga- Jr.-Ethics IT database research results