| Consideration of the assessment of the enhanced penalty pursuant to La. R.S. 18:1505.4A(4)(a) and (b) for Chris C. Smith, candidate for Mayor, Town of Arcadia (Pop. 2,919), in the 2018 election, for his failure to file 10-P and 10-G campaign finance disclosure reports. |
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A hearing was held before the Ethics Adjudicatory Board (EAB) on March 13, 2020, at which the EAB determined:
Chris C. Smith was a candidate for the office of Mayor, Town of Arcadia in the 2018 election. Mr. Smith was required to file his 10-P and 10-G campaign finance disclosure reports. Mr. Smith failed to file his 10-P and 10-G campaign finance disclosure reports.
The original EAB decision assessed Mr. Smith penalties of $2,000 per violation. The Board of Ethics sought a reconsideration to assert its authority, not the EAB's, to assess penalties under La. R.S. 18:1505.4A(4)(a) and (b). The EAB denied this reconsideration, and the Board of Ethics appealed that decision to the First Circuit. The First Circuit, in a judgment rendered November 15, 2021, agreed with the Board of Ethics that the Board has authority to render penalties for La. R.S. 18:1505.4A(4)(a) and (b), not the EAB.
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La. R.S. 18:1495.4A provides that the candidate is responsible for the filing of campaign finance disclosure reports by the deadlines provided in the CFDA.
La. R.S. 18:1494(2) requires a candidate for an "Any Other" level office that spends more than $2,500 or receives a contribution in excess of $200 to file certain campaign finance disclosure reports.
La. R.S. 18:1505.1A provides that failure to submit the reports required by the CFDA shall constitute a violation of the CFDA.
La. R.S. 18:1505.1B provides that failure to submit the reports required by the CFDA at the time required shall constitute a violation of the CFDA.
La. R.S. 18:1505.4A(4)(b) provides that the Board of Ethics may impose on any person required to file such a report, who has not filed the report by the eleventh day after the report is due and after an adjudicatory hearing by the Ethics Adjudicatory Board, an additional civil penalty not to exceed ten thousand dollars.
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Assess a civil penalty of $10,000 for failure to file 10-P campaign finance disclosure report.
Assess a civil penalty of $10,000 for failure to file 10-G campaign finance disclosure report.
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| Assigned Attorney: |
Charles Reeves |
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