Meetings
 
Agenda Item
Docket No. 12-1359
 
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RE:
Request for reconsideration of 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 a reconsideration of a 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., maintains that his 10-G report was faxed on November 10, 2011, one day late. He presents additional information stating that his reports were filed late, because he did not receive his Leaders ID number in a timely manner. He maintains that he requested a Leaders ID number in September of 2011. He further states that his campaign account has less than a $50 balance, and the late fees would have to be paid from his personal funds.

Mr. Lauga asks 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 December 29, 2011, the due dates for the 10-G and 40-G reports.

Also, the candidate makes claim that he requested an id and password in September of 2011. The IT division has provided a ticket which indicates that Mr. Lauga provided an affidavit and it was received by the IT division on July 30, 2012 (see attached documentation). At that time he was set up with an id and password for Leaders. The IT division does not have any record of a request for an id and password in September of 2011. 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: June 27, 2012 and January 3, 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 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.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2012-1359- Waiver Request
2012-1359- Ray Lauga, Jr.-reconsideration
2012-1359- Ray Lauga- Jr.-Ethics IT database research results
2012-1359- Ray Lauga-ticket for leaders id and password