Meetings
 
Agenda Item
Docket No. 13-314
 
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RE:
Request that the Board waive the $2,000, $2,000, $2,000, and $2,000 campaign finance late fees assessed against Emmitt Coleman, a candidate for Sheriff of Franklin Parish, in the October 22, 2011 election, whose 30-P, 10-P, EDE-P and 10-G campaign finance disclosure reports were filed 529,509,489,and 481 days late.
Facts:
In connection with his request for a waiver of the $2000, $2000, $2000 and $2000 late fee assessed for the late filings of a 30-P, 10-P, EDE-P and 10-G campaign finance reports, Emmitt Coleman, states that as a candidate he was supposed to file his reports, but didn't file them. He didn't know the importance of the reports at the time. He did receive letters from the Board requesting the reports and he kept "putting them off".
Mr. Coleman maintains that he received a letter from the EAB regarding a hearing in connection with the reports. He contacted Ethics regarding the hearing and was told that he needed to file the required reports, and if he filed the reports prior to the hearing, he didn't have to attend the hearing. Mr. Coleman further states that he filed the reports prior to the EAB hearing. A week later, he received correspondence from the Campaign Finance division, notifying him that he had to electronically file the reports. He didn't know how to electronically file the reports, and had to get his tax preparer to assist him with filing the reports. During this time he received correspondence from the EAB notifying him that he had been fined $8,000 for not filing the required reports and could be assessed more fines if he did not file the reports by a certain date. At that time, he contacted Ethics and got assistance with electronic filing his reports from the IT division. Mr. Coleman states that he takes full responsibility for not timely filing his reports. He ask that the Board please reconsider waiving the $8,000, as the late fees has placed a financial burden upon him. Mr. Coleman is a district level candidate. This is first campaign. He was an unsuccessful candidate.

An EAB hearing regarding Mr. Coleman's failure to file the required 30-P, 10-P, EDE-P, and 10-G campaign finance disclosure reports was held on January 25, 2013, before the EAB. Since Mr. Coleman failed to file the required reports, the EAB ordered that he pay a civil penalty of $2,000 for each report (see attached decision and order from EAB). Mr. Coleman electronically filed the required reports on March 4, 2013, after the decision of the EAB was made. He is requesting a waiver of the $8,000 assessment ordered by the EAB.

Comments:
ELECTION: October 22, 2011
TYPE OF REPORTS: 30-P, 10-P, EDE-P and 10-G
DAYS LATE: 529, 509, 489, AND 481
ASSESSED FEES: $2,000, $2,000, $2,000, and $2,000
REPORTS DUE: September 22, 2011, October 12, 2011, November 1, 2011, and November 9, 2011

REPORTS FILED: March 4, 2013
ACTIVITY REPORTED:

30-P-$8,870.80 in receipts, $7,480.81 in disbursements, and $1,390.09 in funds on hand
10-P-$96.53 in receipts, $513.98 in disbursements, and $972.64 in funds on hand

EDE-P: $0 activity

10-G: $0 in receipts, $909.01 in disbursements, and $63.63 in funds on hand
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. 18:1485C. Each candidate for a major or district office and each principal campaign committee of a candidate for a major or district office shall electronically file reports of contributions and expenditures with the supervisory committee. Effective January 1, 2012, Act 25 of the 2008 2nd Extraordinary Session requires Major and District office level candidates to electronically file campaign finance disclosure reports. A report is considered not filed until it is filed electronically.

Recommendations:
Decline to waive.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-314- Waiver Request