2007-272
Created By: Sylvia Scott on 06/08/2010 at 03:21 PM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS

DATE: May 21, 2010 OPINION NO.: 2007-272

RE: In the matter of Julie Quinn

The Louisiana Board of Ethics, in its capacity as the Supervisory Committee on Campaign Finance Disclosure (the “Board”), conducted a confidential investigation concerning campaign finance disclosure reports that were not accurately filed by Julie Quinn in connection with her campaigns in the October 5, 2002, June 4, 2005, and October 20, 2007 Senate elections. The Board issued the following charges:
I.
II.
III.

IV.
V.
VI.
VII.

On the basis of the information obtained by the Board during the course of the investigation, and with the concurrence of Julie Quinn, the Board now makes the following essential:
I.
FINDINGS OF FACT
1.
Julie Quinn was an unopposed candidate for Jefferson Parish School Board, District 4 in the October 4, 2002 election. The 30-P report filed by Ms. Quinn ended with a negative balance of $230; however, the report was amended in 2009 to reflect an ending balance of $0.
2.
Julie Quinn was a successful candidate for State Senate District 6 in the June 4, 2005 election.
3.
Ms. Quinn filed a 40-G report in connection with the 2005 election on August 18, 2005. Ms. Quinn amended her 40-G in 2009 to show cash on hand at the beginning of the reporting period as $32522.31 and at the closing of the reporting period as 58223.97.
4.
Because Ms. Quinn had outstanding debts in connection with the 2005 election, she was required to file supplemental reports every year thereafter by February 15th. Ms. Quinn continues to file supplemental reports for this election. Ms. Quinn amended the following supplemental reports for the 2005 election:
Year Beginning Balance Ending Balance
2006 Original Report 74436.49 41443.22
Amended Report 58223.97 18682.06
2007 Original Report 109494.00 250424.05
Amended Report 18682.06 10654.53
2008 Original Report 10654.53 5.48
5.
Julie Quinn was a successful candidate for State Senate District 6 in the October 20, 2007 election.
6.
Ms. Quinn filed a 30-P report in connection with the 2007 election on August 18, 2005. Ms. Quinn amended the report in 2009.
Original Report 211762.40 293632.28
Amended Report 0 73436.77
7.
Ms. Quinn filed a 10-P report in connection with the 2007 election on August 18, 2005. Ms. Quinn amended the report in 2009.
Original Report 293632.28 296842.77
Amended Report 73436.77 76252.20
8.
Ms. Quinn filed a 10-G report in connection with the 2007 election on August 18, 2005. Ms. Quinn amended the report in 2009.
Original Report 296842.77 241910.29
Amended Report 76252.20 33044.723
9.
Because Ms. Quinn had a surplus in connection with the 2007 election, she was required to file supplemental reports every year thereafter by February 15th. Ms. Quinn continues to file supplemental reports for this election. Ms. Quinn amended the following supplemental reports for the 2007 election:
Year Beginning Balance Ending Balance
2007 Original Report 155571.94 118908.85
Amended Report 33044.72 15550.13
2007 Original Report 15555.61 5759.17
Amended Report 15550.13 6350.46
10.
Ms. Quinn’s reports were filed on her behalf by a certified public accountant.
11.
If called to testify, Ms. Quinn would state that she relied on a certified public accountant to accurately complete and file her campaign finance disclosure reports and that any inaccuracies on her part were unknown and unintentional. Furthermore, Ms. Quinn would testify that she did not seek to conceal any contributions, expenditures or loans, and that the reporting errors were strictly accounting errors only.
II.
APPLICABLE LAW
At issue in this case are Sections 1505.1C of the Campaign Finance Disclosure Act.
Section 1505.1.C provides that failure to disclose or failure to disclose accurately any information required to be reported is a violation.
Section 1505.4B provides:

B. Any candidate, the treasurer or chairman of any political committee, or any other person required to file reports under this Chapter who knowingly and willfully fails to disclose, or knowingly and willfully fails to accurately disclose, any information required by this Chapter to be disclosed in the reports required herein, may be assessed a civil penalty for each day until such information is disclosed by amendment to the appropriate report of such candidate, political committee, or other person. "Knowingly and willfully", for purposes of this Subsection, means conduct which could have been avoided through the exercise of due diligence. Such penalties shall be as provided in Subsection A above.

Section 1505.4A provides in pertinent part:

***

III.

OPINION

It is the opinion of the Board that Ms. Quinn violated Section 1505.1C of the CFDA by failing to accurately file campaign finance disclosure report. Section 1505 provides that the failure to accurately disclose required information is a violation of the CFDA. The Board acknowledges that Ms. Quinn has filed reports to correct the inaccuracies. Given the totality of the circumstances, including the facts set forth above, Ms. Quinn’s testimony and her cooperation to file the reports, it is the conclusion of the Board that the interest of the public would be served by the imposition of a $5,000 civil penalty for failing to accurately file reports in connection with the 2002, 2005 and 2007 elections.
IV.
DECREE AND ORDER
IT IS DECREED that Julie Quinn violated Section 1505.1C of the Campaign Finance Disclosure Act (CFDA) (La. R.S. 18:1505.1C) by filing reports in connection with the 2002, 2005 and 2007 elections that were incorrect.
IT IS ORDERED, and Julie Quinn agrees to pay, a $5,000 civil penalty imposed upon Julie Quinn, payable to the Treasurer of the State of Louisiana.

By Order of the Board this 21st day of May, 2010.



s/Frank P. Simoneaux s/James G. Boyer
Frank P. Simoneaux, Chairman James G. Boyer, Vice-Chairman

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



s/Gary G. Hymel s/Jean M. Ingrassia
Gary G. Hymel Jean M. Ingrassia



s/Dr. Cedric W. Lowrey s/Dr. Louis W. Leggio
Dr. Cedric W. Lowrey Dr. Louis W. Leggio



Absent and did not participate. 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 R.S. 18:1511.1; (c) admits that the conduct, as described above, violated R.S. 18:1505.1C; (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.


Julie Quinn Date
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