Meetings
 
Agenda Item
Docket No. 21-808
 
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RE:
Request that the Board waive a $1,000, $1,000 and $480 campaign finance late fees assessed against Melinda "Mel" Narcisse Mitchell, a successful candidate for Mayor, City of St. Martinville (Pop. 5,379), St. Martin Parish, in the March 24, 2018 election, whose 10-P, 40-G and 2018 Supplemental campaign finance reports were filed 197, 107 and 12 days late, respectively.
Facts:
Melinda Narcisse Mitchell request a waiver and states the following:
She acknowledges that the waiver request is untimely due to awaiting a response from the Ethics Dept. She called a staff attorney due to a previous letter and left a message regarding the late fee assessments. She did not hear back from Ethics and left another message on 11/20/20. She was visiting another agency and stopped by the office and spoke to Melissa Horn and she explained each letter thoroughly. She is requesting a waiver due to the lack of knowledge that she needed to file annually although the account was closed immediately after the 2018 election, and she has no more campaign funds.
Comments:
ELECTION: March 24, 2018
TYPES OF REPORT: 10-P, 40-G & 18 SUPP
DAYS LATE: 197, 107 & 12
ASSESSED FEE: $1,000, $1,000 & $480
REPORTS DUE: March 14, 2018; June 7, 2018 & February 15, 2019
REPORTS FILED: September 22, 2018; September 22, 2018 & February 27, 2019
ACTIVITY REPORT: 10-P $$120.00 in Receipt; $94.12 in Expenditures and $170.41
Funds on Hand at Close of Reporting Period


40-G: $2,335.00 in Receipts; $2,429.47 in Expenditures and $375.35 Funds on Hand at the Close of Reporting Period


18 Suppl: $-0 in Receipts; $375.37 in Expenditures and $-0 Funds on Hand at Close of Reporting Period


OTHER LATE FILINGS: ONE- PAID


10-G (157 days late) - $1,000




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 for each day until such report is filed.

18:1495.4D(1) If the final report of a candidate for an election, as required by Paragraph (5), (6), or (7)of Subsection B of this Section, shows a deficit or a surplus, the candidate and his treasurer, if any, shall file supplemental reports with the supervisory committee of all information required in R.S. 18:1495.5. Such reports shall be filed annually no later than February fifteenth and shall be complete through the preceding December thirty-first. Such a supplemental report shall be filed each year until a report has been filed which shows no deficit and until any surplus campaign funds have been disposed of in accordance with R.S. 18:1505.2(I). The report on surplus funds shall disclose the disbursement of such funds in the same manner as expenditures are reported.

LAC 52:1205(C) states if a report is filed more than 10 days late and the amount of activity on the report is less than the amount of the late fee to be assessed, the staff may reduce the late fee to the amount of activity or 10 times the per-day penalty, whichever is greater.


Recommendations:


Consider the untimely waiver.


With respect to 10-G and SUPP2018, reduce to $400 based on Rule 1205C; decline to waive.

With respect to 40-G, decline to waive.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-808 - CF Waiver Request Melinda _Mel_ Narcisse Mitchell 10-P
2021-808 - CF Waiver request Melinda _Mel_ Narcisse Mitchell 40-G
2021-808 - CF Waiver request Melinda _Mel_ Narcisse Mitchell SUPP