2005-452
Created By: Sylvia Scott on 01/23/2007 at 01:22 PM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS


DATE: October 12, 2006 OPINION NO.: 2005-452
RE: In the Matter of C. Hunter King


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 C. Hunter King, an unopposed candidate for Orleans Parish Civil District Court Judge in the October 5, 2002 general election, may have violated provisions of the Campaign Finance Disclosure Act by using campaign funds for his personal use. Section 1505.2I prohibits the use of campaign funds for a personal use unrelated to a political campaign.
On the basis of information obtained during the investigation, and with the concurrence of C. Hunter King, the Board now makes the following essential:
I.
FINDINGS OF FACT
1.
C. Hunter King was an unopposed candidate for Orleans Parish Civil District Court Judge in the October 5, 2002 election.
2.
On Mr. King’s 2004 Supplemental (SUPP) campaign finance disclosure report, filed on February 17, 2005, Mr. King noted an expenditure dated December 31, 2004 of $12,737 to King & King Management, L.L.C. for the purpose of “storage fee.”
3.
King & King Management, L.L.C. is owned by Mr. King and his wife, Alexis Joseph-King.
4.
On Mr. King’s 2004 Supplemental (SUPP) campaign finance disclosure report, filed on February 17, 2005, Mr. King noted an expenditure dated December 31, 2004 of $12,737 to Creasie P. King for the purpose of “storage fees.”
5.
Creasie P. King is Mr. King’s mother.
6.
On Mr. King’s 2004 Supplemental (SUPP) campaign finance disclosure report, filed on February 17, 2005, Mr. King noted that his beginning funds on hand was $25,474.
7.
The two payments of $12,737 to Creasie P. King & King Management, L.L.C. total $25,474. The two payments for storage fees depleted Mr. King’s campaign fund.
II.
APPLICABLE LAW
Section 1505.2I of the Campaign Finance Disclosure Act (“CFDA”) prohibits campaign funds from being used, loaned, or pledged for any personal use unrelated to a political campaign or the holding of public office
The provisions of LSA-R.S. 18:1505.2(J) provide that any candidate who violates the prohibition on personal use of campaign funds shall be assessed a penalty of $5,000 or the amount of the violation, whichever is greater, except that the penalty for a knowing and willful violation shall be not more than $10,000 or 200% of the violation, whichever is greater.
III.
OPINION
It is the opinion and conclusion of the Board that C. Hunter King violated the restrictions on the use of campaign funds in the CFDA when he used campaign funds for personal use. In this particular situation, given the facts outlined above, it is the conclusion of the Board that C. Hunter King be ordered to reimburse his campaign fund the $25,474 spent on storage fees and that the interest of the public would be served by the imposition of a $5,000 civil penalty, made payable to the Treasurer of the State of Louisiana, be imposed upon C. Hunter King 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 C. Hunter King violated La. R.S. 1505.2I of the Campaign Finance Disclosure Act by using campaign funds for personal use.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that C. Hunter King reimburse his campaign fund the $25,474 spent on storage fees and that a civil penalty of $5,000, made payable to the Treasurer of the State of Louisiana, be imposed upon C. Hunter King.

By Order of the Board this 12th day of October 2006.

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

s/Dr. Herbert V. Baptiste, Sr. s/John W. Greene
Dr. Herbert V. Baptiste, Sr. Judge John W. Greene

s/E. L. Guidry, Jr. s/Gwendolyn P. Hamilton
Judge E. L. Guidry, Jr. Gwendolyn P. Hamilton


Absent and did not participate. s/Michael T. Johnson
R. L. Hargrove, Jr. Michael T. Johnson

Absent and did not participate. s/Ascension Delgado Smith
Joseph Maselli Ascension Delgado Smith

s/Dolores R. Spikes
Dr. Dolores Spikes


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. 18:1505.2I of the Campaign Finance Disclosure Act; (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/C. Hunter King 5/9/06
C. Hunter King Date

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