2006-794
Created By: Sylvia Scott on 01/29/2009 at 11:06 AM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS

DATE: January 28, 2009 OPINION NO.: 2006-794
RE: In the Matter of Bryan Wooley

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 Bryan Wooley, a successful candidate for Shreveport City Council in the September 30, 2006 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 Bryan Wooley, the Board now makes the following essential:
I.
FINDINGS OF FACT
1.
Bryan Wooley was a successful candidate for Shreveport City Council in the September 30, 2006 election.
2.
Bryan Wooley timely filed campaign finance disclosure reports in connection with the September 30, 2006 election; however, he failed to itemize expenditures made on behalf of the campaign through Vision International.
3.
On his tenth day prior to the general election (10-G) campaign finance disclosure report, Mr. Wooley disclosed an expenditure of $12,770.90 to Vision International.
4.
On his fortieth day after the general election (40-G) campaign finance disclosure report, Mr. Wooley disclosed expenditures of $6,285.76 on 10/25/2006 and of $5,000 on 10/30/06 to Vision International.
5.
Mr. Wooley filed amended campaign finance disclosure reports accurately reflecting the itemized expenditures on May 22, 2008.
6.
If called to testify, Mr. Wooley would state that he was unaware that his actions were in violation of the provisions of the Campaign Finance Disclosure Act.
II.
APPLICABLE LAW
1.
La. R.S. 18:1495.5C provides in pertinent part as follows:

C. Expenditures made by a public relations firm, an advertising agency or agent for a candidate shall be considered expenditures of the candidate and must be reported as required by this Section.


2.

La. R.S. 18:1505.1C provides:C. Failure to disclose or failure to disclose accurately any information required to be submitted by this Chapter shall constitute a violation of this Chapter.


III.

OPINION


La. R.S. 18:1495.5C provides that expenditures made by a public relations firm, an advertising agency or agent for a candidate shall be considered expenditures of the candidate. Failure to accurately report transactions related to a campaign results in a violation of Section 1505.1C of the Campaign Finance Disclosure Act. Based on the facts as outlined above, it is the opinion of the Board that Bryan Wooley violated Section 1505.1.C of the Campaign Finance Disclosure Act. It is further the opinion of the Board that a $1,000 penalty, payable to Treasurer of the State of Louisiana, should be imposed upon Bryan Wooley for the 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 Bryan Wooley violated Section 1505.1.C of the Campaign Finance Disclosure Act.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a civil penalty of $1,000,. payable to the Treasurer of the State of Louisiana, be imposed upon Bryan Wooley for the violation of the Campaign Finance Disclosure Act.

By Order of the Board this 28th day of January 2009.

s/Frank P. Simoneaux s/Scott E. Frazier

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

s/Robert P. Bareikis Absent and did not participate.

Dr. Robert P. Bareikis Rev. Gail E. Bowman

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

James G. Boyer Gary G. Hymel

s/Jean M. Ingrassia s/Cedric 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

Absent and did not participate.

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) 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/Bryan Wooley 11/13/08

Bryan Wooley Date

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