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Request that the Board waive the $800 campaign finance late fee assessed against Ronald Berry, a candidate for Morgan City Council, in the November 6, 2012 election, whose 30-P campaign finance disclosure report was filed 20 days late. |
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In connection with his request for a waiver of the $800 late fee assessed for the late filing of a 30-P campaign finance report, Ronald Berry, states that he received correspondence dated August 27, 2012 from Melanie Legier, which stated that he was required to file a Tier 3 personal financial disclosure report. He contacted Ms. Leger and was told that if he filed the report, he would not assessed a late fee. Mr. Berry further states that he received correspondence dated January 11, 2013, informing him that he had a surplus of $99,999.99, and if the surplus is less than $2,500, he would not be required to file a Supplemental report. Mr. Berry states that he is unsure of where the $99,999.99 amount comes from. THe $99,999.99 letter is generated and mailed to individuals notifying them that there are discrepancies with their reports and they need to contact our office. He also states that his campaign account has a balance of $0.96, and abided by the correspondence he received indicating that he did not have to file a Supplemental report if his ending balance was less than $2,500. Mr. Berry maintains that he has submitted the necessary requested information that was required of him, and ask that the late fee be waived.
Mr. Berry is an "any other" level candidate. This is his first campaign. He was an unsuccessful candidate. His discussions with Ms. Legier, who is a compliance officer in the personal financial disclosure division, were in regards to his personal disclosure reports.
Mr. Berry also makes reference of receiving correspondence dated January 11, 2013 (see attached). This correspondence was sent by the Campaign Finance division informing him that there is a discrepancy with prior reports filed. Mr. Berry has only filed a 30-P, a 10-P, and a Supplemental report, in connection with the November 6, 2012 election.
Mr. Berry's 10-P report filed on October 29, 2012 reflects funds on hand in the amount of $337.94. He has not filed required EDE-P or 10-G reports, in connection with the November 6, 2012 election. Mr. Berry received a candidate's packet which included information regarding filing requirements, as evidenced by his signature on the acknowledgment of receipt of information sheet (see attached).
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ELECTION: November 6, 2012
TYPE OF REPORT: 30-P
DAYS LATE: 20
ASSESSED FEE: $800
REPORT DUE: October 9, 2012
REPORT FILED: October 29, 2012
ACTIVITY REPORTED:
$1,900 in receipts, $2,166.86 in disbursements, and $0 in funds on hand
OTHER LATE FILINGS: None
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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. 18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period.
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Suspend all but $100 based on future compliance.
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| Assigned Attorney: |
Aneatra Boykin |
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