Meetings
 
Agenda Item
Docket No. 21-1067
 
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RE:
Request that the Board waive $800, $280, $1,000 and $240 campaign finance late fees, totaling $2,320.00, assessed against Michael Bergeron, a successful candidate for Council Member, Division C, City of Westlake (Pop. 4,781), Calcasieu Parish, in the October 12, 2019 election, whose 30-P, 10-P, 10-G and 2019 Supplemental campaign finance disclosure reports were filed 20, 7, 98 and 6 days late, respectively.
Facts:
Carla Sigler and Michael Bergeron requests an untimely waiver and states the following:


Mr. Bergeron did not originally receive the fine assessment letter until right after the two hurricanes hit. Once he did, the deadline for filing to dispute or appeal this assessment had already run. At that time, Mr. Bergeron was spending the first three (3) weeks running a distribution site at a local church in Westlake, Louisiana helping to give away supplies and over 75,000 meals to needy people, organizing and doing all of this with his wife. Between Hurricane Laura on August 26, 2020 and Hurricane Delta on October 5, 2020, both of which devastated our area and caused significant damages to Mr. Bergeron and him having COVID-19, they were confused on what was sent by whom.


Comments:
ELECTION: October 12, 2019
TYPES OF REPORT: 30-P, 10-P, 10-G & 2019 Suppl
DAYS LATE: 20, 7, 98 & 6
ASSESSED FEE: $800, $280, $1,000 & $240
REPORTS DUE: September 12, 2019; October 2, 2019; November 6, 2019 & February 18, 2020
REPORTS FILED: October 2, 2019; October 9, 2019; February 12, 2020; February 24, 2020
ACTIVITY REPORT: 30-P $1,732.38 in Receipt; $1,719.11 in Expenditures and $13.27
Funds on Hand at Close of Reporting Period


10-P: $-0 in Receipts; $-0 in Expenditures and $13.27 Funds on Hand at Close of Reporting Period


10-G: $-0 in Receipts; $-0 in Expenditures and $13.27 Funds on Hand at Close of Reporting Period


SUPP 2019: $-0 in Receipts; $-0 in Expenditures and $13.27 Funds on Hand at Close of Reporting Period


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 for each day until such report is filed.

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 request.


With respect to 30-P, 10-P and 2019 Supplemental, decline to waive.

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


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-1067 - CF waiver Request Michael Bergeron 30-P
2021-1067 - CF Waiver Request Michael Bergeron 10-P
2021-1067 - CF Waiver Request Michael Bergeron 10-G
2021-1067 - CF Waiver request Michael Bergeron SUPP 2019