2006-420
Created By: Sylvia Scott on 06/21/2007 at 10:42 AM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS

DATE: June 14, 2007 OPINION NO.: 2006-420

RE: In the matter of Gary Sexton

The Louisiana Board of Ethics (the “Board”), at its April 12, 2007, meeting conducted a public hearing for the purpose of exploring the following charges:
On the basis of the evidence presented to the Board during the public hearing and considering the oral arguments presented by counsel, and on the basis on the stipulation of facts entered into between counsel for the Board and counsel for the respondents, the Board now makes the following essential:
I.

FINDINGS OF FACT

1.
Gary Sexton was a successful candidate for Webster Parish Sheriff in the October 4, 2003 election.
2.
Gary Sexton, on his 2005 annual campaign finance disclosure report filed on February 9, 2006, disclosed the receipt of a $300 contribution from Benny Wood. The contribution was made in cash. The contribution was actually from Benny Wood in the amount of $100, from Hugh Wood in the amount of $100 and from Neil Wood in the amount of $100.
3.
Gary Sexton, on his 2005 annual campaign finance disclosure report filed on February 9, 2006, disclosed the receipt of a $200 contribution from Dakota Haynes. The contribution was made in cash. The contribution was actually from Dakota Haynes in the amount of $100, and from Debbie Haynes in the amount of $100.
II.

APPLICABLE LAW
LSA-R.S. 18:1505.1 states that failure to timely or properly file required campaign finance disclosure reports constitutes a violation of the Campaign Finance Disclosure Act.
1505.1. Failure to submit report; failure to file report timely or properly
* * *


III.
OPINION
It is the opinion of the Board that the evidence presented at the hearing in this matter is insufficient to support a finding that Gary Sexton violated Section 1505.1C of the Campaign Finance Disclosure Act by failing to accurately file a tenth day prior to the general election campaign finance report by November 5, 2003, by virtue of his failure to disclose the receipt of a $200 contribution received from Charles Camp on or about October 4, 2003 and a $480 in-kind contribution made by Charles Camp on or about October 4, 2003.
Accordingly, the Board is of the opinion that this charge be summarily dismissed.
It is the opinion of the Board that the evidence presented at the hearing in this matter is insufficient to support a finding that Gary Sexton violated Section 1505.1C of the Campaign Finance Disclosure Act by failing to accurately file the 2003 annual report by February 15, 2004, by virtue of his failure to disclose the receipt of a $300 contribution received from Charles Camp on or about November 18, 2003.
Accordingly, the Board is of the opinion that this charge be summarily dismissed.
It is the opinion of the Board that Gary Sexton, did violate Section 1505.1C of the Campaign Finance Disclosure Act by failing to accurately file the 2005 annual report by February 15, 2006, by virtue of his disclosure of the receipt of a $300 contribution from Benny Wood, when the contributions were actually received from Benny Wood in the amount of $100, from Hugh Wood in the amount of $100 and from Neil Wood in the amount of $100.
It is the opinion of the Board that Gary Sexton did violate Section 1505.1C of the Campaign Finance Disclosure Act by failing to accurately file the 2005 annual report by February 15, 2006, by virtue of his disclosure of the receipt of a $200 contribution from Dakota Haynes, when the contributions were actually received from Dakota Haynes in the amount of $100, and from Debbie Haynes in the amount of $100.
Pursuant to Sections 1505.4A & B of the Campaign Finance Disclosure Act, the Board is authorized to impose fines of $60 per day, up to a maximum of $2,000, for each day accurate information is not disclosed by an amendment to the appropriate report. It is the opinion of the Board that a fine of $1000 be imposed upon Sexton for his failing to accurately file the 2005 annual report by February 15, 2006. The Board also is of the opinion that $500.00 of the $1,000.00 fine imposed upon Gary Sexton be suspended based upon his future compliance with the Campaign Finance Disclosure Act.
IV.
DECREE AND ORDER
IT IS ORDERED ADJUDGED AND DECREED that the charge issued against Gary Sexton for failing to accurately file a tenth day prior to the general election campaign finance report by November 5, 2003, by virtue of his failure to disclose the receipt of a $200 contribution received from Charles Camp on or about October 4, 2003 and a $480 in-kind contribution made by Charles Camp on or about October 4, 2003, be and is hereby summarily dismissed.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the charge issued against Gary Sexton for failing to accurately file the 2003 annual report by February 15, 2004, by virtue of his failure to disclose the receipt of a $300 contribution received from Charles Camp on or about November 18, 2003, be and is hereby summarily dismissed.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that as a matter of fact and as a conclusion of law that Gary Sexton violated Section 1505.1C of the Campaign Finance Disclosure Act by failing to accurately file the 2005 annual report by February 15, 2006, by virtue of his disclosure of the receipt of a $300 contribution from Benny Wood, when the contributions were actually received from Benny Wood in the amount of $100, from Hugh Wood in the amount of $100 and from Neil Wood in the amount of $100.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that as a matter of fact and as a conclusion of law that Gary Sexton violated Section 1505.1C of the Campaign Finance Disclosure Act by failing to accurately file the 2005 annual report by February 15, 2006, by virtue of his disclosure of the receipt of a $200 contribution from Dakota Haynes, when the contributions were actually received from Dakota Haynes in the amount of $100, and from Debbie Haynes in the amount of $100.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a civil penalty of $1,000.00 be imposed upon Gary Sexton for violating Section 1505.1C of the Campaign Finance Disclosure Act, but that $500.00 of said fine be suspended based upon Gary Sexton’s future compliance with the Campaign Finance Disclosure Act.

By Order of the Board this 14th day of June, 2007.


s/Hank Perret s/John W. Greene
Henry C. Perret, Chairman Judge John W. Greene, Vice-Chairman



s/Herbert V. Baptiste s/Clayton Davis
Dr. Herbert V. Baptiste, Sr. Clayton Davis

s/Joanne C. Ferriot s/Gwendolyn P. Hamilton
Dr. Joanne C. Ferriot Gwendolyn P. Hamilton


s/Michael T. Johnson s/C. W. Lowrey, M.D.
Michael T. Johnson Dr. Cedric Lowrey

s/Joseph Maselli Absent and did not participate.
Joseph Maselli Dr. Ernest Douglas Peterson

s/Dolores R. Spikes
Dr. Dolores Spikes

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