Meetings
 
Agenda Item
Docket No. 21-760
 
Print
RE:
Request that the Board waive the $2,000, $1,500, $300 and $720 campaign finance late fees assessed against John R. "Dick" Gibbs, in his capacity as an unsuccessful candidate for Councilman at Large, Division A, St. Charles Parish, in the March 20, 2021 election, whose 2020 Annual, 30-P, 10-P, and 10-G campaign finance disclosure report were filed 50, 25, 5 and 12 days late, respectively.
Facts:
John R. "Dick" Gibbs requests a waiver and states the following:

In mid-February, he tested positive for the "Chinese Virus" and for several weeks he fought to overcome the symptoms. The only thing on his mind was recovery.


Comments:
ELECTION: March 20, 2021
TYPES OF REPORT: ANN2020, 30-P, 10-P, and 10-G
DAYS LATE: 50, 25, 5, and 12
ASSESSED FEE: $2,000, $1,500, $300 and $720
REPORTS DUE: February 18, 2021, February 18, 2021, March 10, 2021, and April 14, 2021
REPORTS FILED: April 9, 2021, March 15, 2021, March 15, 2021, and April 26, 2021
ACTIVITY REPORT:

ANN2020: $21,600 in Receipt; $2,666.41 in Expenditures and $18,933.59 Funds on Hand at Close of Reporting Period

30-P: $0 in Receipt; $187.69 in Expenditures and $18,745.90 Funds on Hand at Close of Reporting Period

10-P: $0 in Receipt; $0 in Expenditures and $18,745.90 Funds on Hand at Close of Reporting Period

10-G: $0 in Receipt; $0 in Expenditures and $18,745.90 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 52:1205B(2) states that if, during the 14 days prior to the report being due, a serious medical condition prevented the filer from making the report, the fine shall be rescinded.


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:
With respect to 2020 Annual and 30-P, rescind the fine based on Rule 1205B(2).


With respect to 10-P, decline to waive.


With respect to 10-G, reduce to $600 based on Rule 1205C; decline to waive.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-760 - CF Waiver Request John R _Dick_ Gibbs ANN2020
2021-760 - CF Waiver Request John R _Dick_ Gibbs 30-P
2021-760 - CF Waiver Request John R _Dick_ Gibbs 10-P
2021-760 - CF Waiver Request John R _Dick_ Gibbs 10-G