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Request for reconsideration that the Board waive the $1,000 and $1,000 campaign finance late fees assessed against John Perry Gallow, a candidate for Chief of Police for the City of Opelousas in the October 2, 2010 election, whose EDE-P and 10-G campaign finance disclosure reports were filed 55 and 147 days late. |
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This matter was before the Ethics Adjudicatory Board on November 14, 2012 for a status conference. During the telephone status conference, Taylor J. Bassett, attorney representing Mr. Gallow, stated that Mr. Gallow would like to submit a waiver request to the Ethics Board, and not file an appeal. The panel then referred this matter to the Ethics Board for consideration of a waiver request.
In connection with his request for a reconsideration of a waiver of the $1,000 and $1,000 late fees, Taylor J. Bassett, on behalf of the candidate, provides additional information stating that Mr. Gallow's accountant used funds from the 2010 campaign to pay a debt from the 2006 campaign and was notified by the Board that it was an improper use of campaign funds. After the accountant was notified of the error, he made every effort to correct the deficiency but was unable to file a new report until early 2011. Mr. Bassett maintains that the initial discrepancy has effected several of Supplemental reports and Mr. Gallow and his accountant have been working with the Ethics Board since the initial incorrect filing to correct any errors regarding his campaign finance disclosure reports. Mr. Bassett asks that the Board grant his request for waiver, as that the late fees will impose significant financial hardship. In addition, during the time of the assessment of the late fees.
La. R.S. 42:1157 provided 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. John Perry Gallow was assessed late fees of $1,000 and $1,000 on January 10, 2011 and April 19, 2011 (see attached documentation). Mr. Gallow had until February 10, 2011 and May 19, 2011 to submit a request for a waiver of the assessed late fees. Mr. Gallow's waiver request was submitted on November 16, 2012. Thus, Mr. Gallow's request for a waiver of the $1,000 and $1,000 late fees is untimely.
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ELECTION: October 2, 2010
TYPE OF REPORTS: EDE-P and 10-G
DAYS LATE: 55 and 147
ASSESSED FEES: $1,000 and $1,000
REPORTS DUE: October 12, 2010 and October 25, 2010
REPORTS FILED: December 6, 2010 and March 21, 2011
ACTIVITY REPORTED:
EDE-P: $3,030 in activity
10-G: $3,300 in receipts, $6,882.75 in disbursements, and $319.09 in funds on hand
OTHER LATE FILINGS: 4
10-G and Supplemental reports each filed 11 and 203 days late in connection with the September 30, 2006 election, and 30-P and 10-P reports each filed 13 and 1 day(s) late in connection with the October 2, 2010 election. The late fees assessed for the late filings of the reports have been paid.
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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.
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| Assigned Attorney: |
Aneatra Boykin |
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