Meetings
 
Agenda Item
Docket No. 22-819
 
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RE:
Request that the Board waive the $2,000 campaign finance late fee assessed against Stephen "Steve" Dean, a successful candidate for District Judge, 5th Judicial District Court, Div. C, Franklin, Richland and West Carroll Parishes, in the November 3, 2020 election, whose 2021 campaign finance disclosure report was filed 185 days late.
Facts:


Steve Dean requests a waiver and states the following:

The earlier issues were caused by the failure of the campaign manager for his 2016 campaign, Paul Heath Hattaway, to properly and timely file the reports and for which he was responsible for as campaign manager. Mr. Hattaway appeared before the Board of Ethics at some point and advised him that he obtained a waiver of the fees which were assessed in connection with his failure to timely file reports. He discovered that this waiver was contingent upon compliance with future filings. Also, he discovered this contingency only after Mr. Hattaway had once again failed to file several reports. The earlier notice was mailed to his prior address but was apparently returned instead of being forwarded to him or delivered to his prior address now occupied by his son. He is currently communicating with Origin Bank seeking to obtain documentation showing the correct account information to correct and amend previous reports. Obtaining account information is being hampered by the fact that he was not listed by Mr Hattaway as being authorized to access account information. He can assure the Board that had he known that the report was due he would have gladly and promptly filed this report.



Comments:
ELECTION: November 3, 2020
TYPES OF REPORT: 2021 SUPPL
DAYS LATE: 185
ASSESSED FEE: $2,000
REPORTS DUE: February 15, 2022.
REPORTS FILED: December 3, 2022
ACTIVITY REPORT: $-0 in Receipts, $-0 in Expenditures and $16, 564.00 Funds at Close of Reporting Period
OTHER LATE FILINGS: 7 -PAID


11/8/2016 Election: 30-P (14 days late) - $420 Suspended - Reassessed & PAID


10-P (3 days late) - $90 Suspended - Reassessed & PAID

10-G (106 days late)- $1,000- Suspended - Reassessed & PAID

40-G (56 days late) - $1,000- Suspended - Reassessed & PAID

2018 SUPP (32 days late) - $600 - PAID


2019 SUPP (16 days late) - $600 - PAID

11/3/2020 Election: 30-P (9 days late) - $540 - PAID


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:
Decline to waive; reduce to $600 based on Rule 1205C.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2022-819 - CF Waiver request SUPP 2021