2005-066
Created By: Sylvia Scott on 12/09/2005 at 02:23 PM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:

December 8, 2005


The Honorable Mack “Bodi” White
35055 Louisiana Highway 16, Suite A
Denham Springs, LA 70726

Re: Ethics Board Docket No. 2005-066

Dear Representative White:

The Louisiana Board of Ethics, acting in its capacity as the Supervisory Committee on Campaign Finance Disclosure, (the “Board”), after conducting a confidential investigation, finds that you violated provisions of the Campaign Finance Disclosure Act (the “CFDA”). The information obtained by the Board during the course of its investigation suggests the following:

In June 2004, Representative “Bodi” White conducted a golf tournament fundraiser at Fairwood Country Club. During the course of the golf tournament, participants could pay $5.00 for extra golf shots or mulligans. Cash was received from the participants for the purchase of the extra golf shots or mulligans. At the end of the tournament, the cash was collected by the tournament director who in turn used the cash to pay the golf pro at the fund-raiser.

The cash collected from the purchase of the extra shots or mulligans was not disclosed on Representative White’s campaign finance disclosure reports nor was the expenditure to the golf pro reported on Representative White’s campaign finance disclosure reports. The Board accepts the assurances of Representative White that he was unaware of the amount collected and of its distribution to the golf pro and, therefore, did not include the summary on his campaign finance report.

Section 1495.5 of the CFDA provides that a candidate shall report all contributions received, including the name and address of the person who made the contribution. Section 1505.2C of the CFDA provides that upon receipt of a cash contribution, a candidate shall provide the contributor with a receipt, which includes the amount of the contribution and the name, address, social security number, and signature of the contributor. Section 1505.2E provides that no expenditure shall be made from petty cash funds for any personal service except for gratuities paid for the serving of food or drink. The definition of “contribution” in the CFDA includes any gift, payment, or deposit of money or anything of value made for the purpose of supporting, opposing or otherwise influencing the nomination or election of a person to public office. Also, Section 1495.2B(3) provides that contributions received or expenditures made by any person on behalf of the candidate shall be considered contributions or expenditures of the candidate.

The Board concluded that the money collected in connection with the sale of extra shots or mulligans at the golf tournament constituted contributions and the payment to the golf pro constituted an expenditure of the campaign, and as such should have been disclosed on your campaign finance disclosure report.

Based on the facts as outlined above, the Board concluded that you violated Section 1505.1C of the CFDA by failing to accurately report the receipt of contributions received and the expenditure made with respect to the sale of extra shots or mulligans at a fund-raising event.

The Board further concluded that a penalty of $500, payable to the State Treasurer, should be imposed upon you for violating the CFDA.


By Order of the Board this 8th day of December, 2005.



s/Robert L. Roland s/Hank Perret
Robert L. Roland, Chairman Henry C. Perret, Jr., Vice-Chairman



Absent and did not participate. s/Gwendolyn P. Hamilton
Judge John W. Greene Gwendolyn P. Hamilton



s/E. L. Guidry, Jr. s/R. L. Hargrove, Jr.
Judge E. L. Guidry, Jr. R. L. Hargrove, Jr.



Absent and did not participate. s/Michael J. Kantrow, Sr.
Michael T. Johnson Michael J. Kantrow, Sr.



s/Joseph Maselli s/Ascension Delgado Smith
Joseph Maselli Ascension Delgado Smith



s/Dolores Spikes
Dr. Dolores Spikes
CONSENT

The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in R.S. 18:1511.1, et seq.; (c) admits to the violation of R.S. 18:1505.1C described above; (d) consents to 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/Mack "Bodi" White 10/25/05
Mack “Bodi” White Date
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