Meetings
 
Agenda Item
Docket No. 22-903
 
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RE:
Request that the Board waive the $1,000 campaign finance late fee assessed against Richard J. "Rick" Smith, Jr., an unsuccessful candidate for Mayor, City of Covington, St. Tammany Parish, in the March 30, 2019 election, whose 10-G campaign finance disclosure report was filed 300 days late, AND the $280 campaign finance late fee assessed against Richard J. "Rick" Smith, Jr., a successful candidate for Councilman at Large, City of Covington, St. Tammany Parish, in the July 11, 2020 election, whose 2021 Supplemental campaign finance disclosure report was filed 7 days late.
Facts:


10-G: Molly Smith, on behalf of Richard Smith, requests a waiver and states the following: Ms. Smith is uncertain as to how or when she was made aware of the failure to file. She said it was filed on the same day as the Supplemental Report covering 4/15/2019 - 12/31/2019, filed on 2/18/2020. She recalls having a telephone discussion with someone in the Ethics Administration office regarding the Supplemental Report. She filed the delinquent report on the same day. The funds were brought forward and there has been no activity for some time. This campaign account has maintained a balance of about $1,900 for several years, making a $1,000 fine somewhat of a hardship.


SUPP2021: Molly Smith, report preparer for Richard Smith, requests a waiver and states the following: She requests a waiver of this late fee assessment because of a personal situation. Her aging parents live in Paducah, Kentucky. Her father is 90, mother is 81 and over the past year she has made numerous trips to help care for them. Her mother is now in a nursing home with rapidly accelerating dementia and her father still lives at his home alone. This late filing was missed during her most recent trip to help take care of them. She did file the report when she got back to Louisiana and received the late notice. This has been a stressful time and she appreciates your consideration of this request.




Comments:
ELECTION: March 3 2019 and November 3, 2020
TYPES OF REPORT: 10-G and 2021 SUPP
DAYS LATE: 300 & 7
ASSESSED FEE: $1,000 & $280
REPORTS DUE: April 24, 2019 and February 15, 2022
REPORTS FILED: February 18, 2020 and February 22, 2022
ACTIVITY REPORT: 10-G: $4,850.00 in Receipts; $8,387.93 in Expenditures; $2,354.03 Funds on Hand at the Close of Reporting Period.

2021 Suppl: $-0 in Receipts; $218.02 in Expenditures; $1,901.46 Funds on Hand at the Close of Reporting Period
OTHER LATE FILINGS: THREE- PAID


4/5/2003 Election: 30-P (9 days late) - $360


2003 SUPP (8 days late)- $320

4/2/2011 Election: 10-P (8 days late) - $320


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.
Recommendations:
With respect to 10-G, decline to waive.

With respect to SUPP2021, suspend all but $200 based on future compliance.


Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2022-903 - CF Waiver Request 10-G
2022-903 - CF Waiver Request SUPP2021