Meetings
 
Agenda Item
Docket No. 10-1111
 
Print
RE:
Additional information in connection with a request for reconsideration of the $300 (with $500 suspended) late fee and $900 late fees assessed against John F. Schwegmann, a candidate for Public Service Commissioner, Dis. 3, Jefferson Parish in the October 2, 2010 election, whose 30-P and EDE-P campaign finance disclosure reports were filed 8 and 9 days late.
Comments:
ELECTION: October 2, 2010
TYPE OF REPORTS: 30-P and EDE-P

DAYS LATE: 8 and 9

ASSESSED FEES: $800 and $900

REPORTS DUE: September 2, 2010 and October 12, 2010

REPORTS FILED: September 10, 2010 and October 21, 2010

ACTIVITY REPORTED: $0 activity for both reports

OTHER LATE FILINGS: None

Facts:
This matter was before the Board for reconsideration of a waiver of the $300 late fee ($500 suspended) and $900 late fees assessed for the late filings of a 30-P and EDE-P campaign finance reports. The Board at its January 18, 2013 meeting, affirmed its decision to suspend all but $300 for the 30-P report and decline to waive the $900 late fee for the EDE-P report.

The candidate's spouse, Melinda Schwegmann, has submitted letters addressed to each member of the Board indicating that at the meeting of January 18, 2013, she was notified of a family emergency and was mentally distracted during the proceedings. Mrs. Schwegmann states that the candidate's medical condition affected his ability to timely file the reports. She states that from the spring of 2010 until his hospitalization in 2012, the candidate visited several physicians for relief from the extreme pain he was experiencing. As the campaign progressed, his condition worsened. She maintains that the candidate probably should have withdrawn from the race, however, he was convinced that he would get better.

Mrs. Schwegmann further states that she and the candidate both have held office and run campaigns before. She believes that they both have conducted themselves with honesty and integrity in public office, and would have hoped that the Board would recognize that for the candidate to file reports late, there must have been extreme circumstances. His dependence on medication affected his normal routine. The fact that there was so little activity in the reports is testimony to his inability to function as most candidates. She states that if the candidate had any campaign funds, the late fees would have been paid immediately.

Mrs. Schwegmann states that she regrets that she did not speak at the January 18, 2013 meeting, and if any reconsideration is possible, it would be extremely appreciative. Mr. Schwegmann is a major level candidate. This is his eighth campaign. He was an unsuccessful candidate.

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:
2010-1111- John Schwegmann-correspondence from Melinda Schwegmann
2010-1111- John F. Schwegmann-10-24-12 medical documentation
2010-1111- Waiver Request- John F. Schwegmann
2010-1111: Addl Request of Waiver
2010-1111- John F. Schwegmann-request for reconsideration