2008-580
Created By: Sylvia Scott on 10/13/2009 at 03:54 PM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS

DATE: September 30, 2009 OPINION NO.: 2008-580

RE: In the Matter of Michael Jackson

The Louisiana Board of Ethics (“the Board”), in its capacity as the Supervisory Committee on Campaign Finance Disclosure, pursuant to the authority contained in LSA-R.S. 18:1511.4, conducted a confidential investigation concerning information that revealed that Michael Jackson, a successful candidate for Representative, District 61 in the October 20, 2007 election, may have violated provisions of the Campaign Finance Disclosure Act by failing to accurately file campaign finance disclosure reports.
On the basis of information obtained during the investigation, and with the concurrence of Michael Jackson, the Board now makes the following:
I.
FINDINGS OF FACT
1.
Michael Jackson was a successful candidate for Representative, District 61 in the October 20, 2007 election.
2.
Representative Jackson timely filed campaign finance disclosure reports in connection with the October 20, 2007 election beginning with his Annual report covering the period beginning August 26, 2003 which was filed on February 17, 2004.
3.
As a district level candidate, Representative Jackson’s contribution limit was $2,500 per election.
4.
Representative Jackson was elected in the October 20, 2007 primary election and did not participate in the November 7, 2007 general election.
5.
Contribution limits for Representative Jackson's October 20,2007 election began with the Annual report covering the period beginning August 26,2003 which was filed on February 17,2004.
6.
On his Annual campaign finance disclosure report filed on December 6, 2004 in connection with the October 20, 2007 election, Representative Jackson disclosed a contribution of $250 from Humana Health Benefit Plan of Louisiana.
7.
On his Annual campaign finance disclosure report filed on January 1, 2006 in connection with the October 20, 2007 election, Representative Jackson disclosed a contribution of $1,000 from Humana Health Benefit Plan of Louisiana.
8.
On his thirtieth day prior to the primary (30-P) campaign finance disclosure report filed on March 15, 2007 in connection with the October 20, 2007 election, Representative Jackson disclosed a contribution of $1,000 from Humana Health Benefit Plan of Louisiana.
9.
On his tenth day prior to the general (10-G) campaign finance disclosure report filed on October 17, 2007 in connection with the October 20, 2007 election, Representative Jackson disclosed a contribution of $1,000 from Humana Health Benefit Plan of Louisiana.
10.
On December 5, 2008, Representative Jackson reimbursed Humana $750 for the excess amount received.
II.
APPLICABLE LAW
1.
Section 1505.2H(1)(a) of the Campaign Finance Disclosure Act (LSA-R.S. 18:1505.2H(1)(a)) provides as follows:

2.
Section 1505.2H(3)(c) of the Campaign Finance Disclosure Act (LSA-R.S. 18:1505.2H(3)(c) provides as follows:

No candidate . . . shall accept from the same contributor a loan, transfer funds, or contribution . . . in the aggregate for all reporting periods of an election . . . in excess of the contribution limits established in Paragraph (1) of this Subsection . . . .
3.
Section 1505.2J(1) of the Campaign Finance Disclosure Act (LSA-R.S. 18:1505.2J(1)) provides as follows:
III.
OPINION
It is the conclusion of the Board that Representative Michael Jackson violated the contribution limits contained in Section 1505.2H of the Campaign Finance Disclosure Act by accepting contributions from Humana Health Benefit Plan of Louisiana in excess of the contribution limit. For his October 20, 2007 campaign, Representative Jackson received $3,250 in contributions from Humana. As a district level candidate in the October 20, 2007 election, Representative Jackson’s contribution limit was $2,500 per election. Contribution limits for Representative Jackson's October 20,2007 election began with the Annual report covering the period beginning August 26,2003. Representative Jackson was elected after the October 20, 2007 primary election and did not participate in the November 7, 2007 general election. Therefore, Representative Jackson received $750 in excessive loans from Humana. It is the decision of the Board that the interest of the public would be served by the publication of this opinion and the imposition of a $2,500 fine upon Representative Jackson for his violation of the Campaign Finance Disclosure Act.
IV.
DECREE AND ORDER
For the foregoing reasons:
IT IS ORDERED, ADJUDGED AND DECREED that the Board finds as a matter of fact and as a conclusion of law that Representative Michael Jackson violated Section 1505.2.H of the Campaign Finance Disclosure Act.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a civil penalty of $2,500, payable to the Treasurer of the State of Louisiana, be imposed upon Representative Michael Jackson for the violation of the Campaign Finance Disclosure Act.






By Order of the Board this 30th day of September 2009.

s/Frank P. Simoneaux s/Scott E. Frazier
Frank P. Simoneaux, Chairman Scott E. Frazier, Vice-Chairman

s/Dr. Rober P. Bareikis s/Gail E. Bowman (Rev.)
Dr. Robert P. Bareiki Gail E. Bowman



s/James G. Boyer s/Gary G. Hymel
James G. Boyer Gary G. Hymel



s/Jean M. Ingrassia s/C. W. Lowrey, M.D.
Jean M. Ingrassia Dr. Cedric W. Lowrey



s/M. Blake Monrose s/Scott D. Schneider
M. Blake Monrose Scott D. Schneider



s/David Grove Stafford, Jr.
David Grove Stafford, Jr.


CONSENT

The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in Section 1141 of the Code; c) admits that his conduct, as described above, violated La. R.S. 18:1505.1C of the Campaign Finance Disclosure Act; (d) acknowledges the publication of this opinion; (e) agrees to comply with the conditions and orders set forth in this opinion; and (f) agrees not to seek judicial review of the findings and actions taken in this opinion.

s/Michael Jackson 5/13/09

Michael Jackson Date

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