Meetings
 
Agenda Item
Docket No. 21-925
 
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RE:
Reconsideration of the assessment of the enhanced penalty pursuant to La. R.S. 18:1505.4A(4)(b) for Patrick J. Harrington, candidate for Parish Commission, District 1, Caddo Parish, in the October 12, 2019 election, for his failure to file a 2019 supplemental campaign finance disclosure report.
Facts:
At the December 3, 2021 meeting, the Board approved the assessment of a $10,000 enhanced penalty relating to Mr. Harrington's SUPP2019 report in connection with his candidacy for Parish Commission, District 1, Caddo Parish, in the October 12, 2019 election. All of the green cards associated with this proceeding had the Covid 19 designation from the US Postal service.

Mr. Harrington appears to have been in Spain from December 19, 2019 until July 4, 2022. Upon his return to the United States, he discovered all the proceedings against him from our office. In the course of dealing with this matter, he amended the 10-G which immediately preceded the SUPP2019 report. This amendment makes him no longer required to file the SUPP2019 report.


Law:
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. 18:1484(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.
Recommendations:
Rescind the enhanced penalty for the SUPP2019 report, and factor such rescission into the decision regarding late fees for the late report.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2021-925- EP Order 2019 SUPP