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Request that the Board waive the $7,000.00 total campaign finance late fees assessed against New Orleans Home Builders Association, a political action committee, its committee's chairperson, Kevin Katner, and treasurer, Shivers Nellon, whose 2023 May, June, November and December monthly campaign finance disclosure reports were filed 29, 3, 2 and 21 days late, respectively. |
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Kevin Katner, chairperson for New Orleans Home Builders Association PAC, requests a waiver and states the following: The new bookkeeper and newly elected PAC were not familiar with the procedures and importance of filing the report on the 10th of each month. Mr. Katner states this is not a valid excuse, but the PAC has implemented several measures to ensure that their reports are filed on time. The officers, Board, and staff have been trained on the significance of filing, and a tickler system has been put in place to send alerts three days before the reports are due. They take full responsibility for the delay and would like to request a reduction, suspension, or waiver of the fine. They appreciate your consideration of this matter.
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ELECTION: 2023 MONTHLY REPORTS
TYPES OF REPORT: May, June, November & December
DAYS LATE: 29, 3, 2 & 21
ASSESSED FEE: $3,000, $600, $400 and $3,000
REPORTS DUE: June 12, 2023; July 10, 2023; December 11, 2023; January 10, 2024
REPORTS FILED: July 11, 2023, July 13, 2023; December 13, 2023; January 31, 2024
ACTIVITY REPORT: May: $10.41 in Receipts; $1,049.14 in Expenditures; $55,343.90 Funds at Close of Reporting Period June: $1,459.91 in Receipts; $12,086.92 in Expenditures: $44,716.89 Funds at the Close of Reporting Period
November: $209.23 in Receipts; $2,765.50 in Expenditure; $ 35,523.25 Funds at the Close of Reporting Period
December: $8.65 in Receipts; $1,017.58 in Expenditures; $34,514.32 Funds at Close of Reporting Period
OTHER LATE FILINGS: ONE - PAID
December 2021 Monthly (1 days late)- $200.00
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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.
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With respect to $600 and $400 late fees for June and November reports, decline to waive.
With respect to $3,000 and $3,000 late fees for May and December reports, reduce each to $2,000 ($4,000 total) based on Rule 1205C; decline to waive.
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| Assigned Attorney: |
Charles Reeves |
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