Meetings
 
Agenda Item
Docket No. 11-211
 
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RE:
Request for reconsideration of the $720, $420, and $600 late fees assessed against Hersy Jones, Jr., a candidate for Mayor of the City of Shreveport in the October 2, 2010 election, whose (2) Specials and EDE-P campaign finance disclosure reports were filed 12, 7, and 13 days late.
Facts:
This matter is presently pending before the EAB panel. The panel agreed to allow Mr. Jones to request a reconsideration of a waiver, based upon additional information regarding his report preparer. The Board first considered Mr. Jones' request for a waiver of the late fees at its February 18, 2011 meeting. At that time, Mr. Jones' report preparer, Tom Agee, submitted a request for a waiver on behalf of Hersy Jones, Jr., stating that he was unable to meet the filing obligations because he was ill and suffering from acute anemia at the time that the reports were due. It was his first time filing campaign finance disclosure reports, and thus was not familiar with the reporting deadlines. Mr. Jones has provided additional information for the Board's consideration regarding his claim. It is letters from Mr. Agee's doctor, informing that Mr. Agee began with an illness in September and October of 2010 and that Mr. Agee has been diagnosed with liver disease and is currently being treated. (see attached documentation.

In addition, The Board declined to waive the late fees at its February 18, 2011 meeting. Mr. Jones then received correspondence from the Board informing him that he could appeal the late fees. (see attached documentation). Mr. Jones is a district level candidate. This is his second campaign. He was an unsuccessful candidate.

Comments:
ELECTION: October 2, 2010
TYPE OF REPORTS: (2) Specials and EDE-P

DAYS LATE: 12, 7, and 13

ASSESSED FEES: $720, $420, and $600

REPORTS DUE: September 20, 2010, September 25, 2010, and October 12, 2010

REPORTS FILED: October 2, 2010, and October 25, 2010

ACTIVITY REPORTED:

Specials: $2,000 in activity

EDE-P: $150 in expenditures

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.
Rule 1205B provides that the staff may rescind the fine of a candidate if the candidate or the person responsible for filing his reports is ill, dies, has death or illness to an immediate family member, or there is a natural disaster the day the report is due or within 10 day s prior to the due date of the report.

Recommendations:
Rescind the late fees.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2011-211: Waiver Request
2011-211- Hersy Jones-appeal assessment letter
2011-211- Hersy Jones-additional information
5012-064- Hersy Jones, Jr.-EAB appeal letter