Meetings
 
Agenda Item
Docket No. 12-1813
 
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RE:
Request that the Board waive the $1,380, $180, and $600 campaign finance late fees assessed against Harold L. Brooks, Jr., a candidate for Sheriff of Iberville Parish, in the October 22, 2011 election, whose 30-P, 10-P, and EDE-P campaign finance disclosure reports were filed 23,3, and 245 days late.
Facts:
In connection with his request for a waiver of the $1,380, $180 and $600 late fees assessed for the late filings of a 30-P, 10-P, and EDE-P campaign finance reports, Harold L. Brooks, Jr., states that all reports were filed by October 26th or the 27th. He further states that his report could not be submitted into the Ethics' system. Staff checked with Ethics' IT division to research any technical difficulty incurred by Mr. Brooks. The IT division researched its records and it appears that Mr. Brooks has not made arrangements to set up for electronic filing.


Also, La. R.S. 42:1157 provides that the late filer may apply to the Board for a waiver of late fees within thirty days after the mailing of the late fee assessment. Harold L. Brooks, Jr. was assessed late fees of $1,380 and $180 on January 17, 2012 (see attached documentation). A request for a good cause waiver must have been submitted by February 17, 2012. Mr. Brooks' waiver request was submitted on November 5, 2012. Mr. Brooks' request for a waiver of the $1,380 and $180 late fees is untimely. However, the waiver request for his EDE-P is a timely request.

Mr. Brooks is a district level candidate. This is his first campaign. He was an unsuccessful candidate.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 30-P, 10-P, AND EDE-P
DAYS LATE: 23, 3, AND 245
ASSESSED FEES: $1,380, $180, and $600
REPORTS DUE:

30-P: September 22, 2011

10-P: October 12, 2011

EDE-P: November 1, 2011

REPORTS FILED:

30-P: October 15, 2011

10-P: October 15, 2011

EDE-P: July 3, 2012
ACTIVITY REPORTED:

30-P= $9,768.21 in receipts, $9,768.21 in disbursements, and $231.79 in funds on hand

10-P=$268.21 in receipts, $300 in disbursements, and $200 in funds on hand

EDE-P= $0 activity

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 late fees for the 30-P and 10-P reports. Suspend all but $200 for the late filing of the EDE-P report.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1813- Waiver Request
2012-1813- Harold Brooks-late fee assessment for 30-P and 10-P