2008-924
Created By: Sylvia Scott on 06/07/2010 at 09:36 AM
Category: Campaign Finance Rulings
Caption:
Dismissed Document:


LOUISIANA BOARD OF ETHICS

DATE: May 21, 2010 OPINION NO.: 2008-924

RE: In the Matter of Wayne Carter

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 Wayne Carter, an unsuccessful candidate for Mayor-President of East Baton Rouge in the October 4, 2008 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 Wayne Carter, the Board now makes the following:
I.
FINDINGS OF FACT
1.
Wayne Carter was an unsuccessful candidate for Mayor-President of East Baton Rouge in the October 4, 2008 election.
2.
Wayne Carter timely filed campaign finance disclosure reports in connection with the October 4, 2008 election; however, he failed to include in his disclosure reports contributions received and expenditures made in connection with his campaign.
3.
Information provided to the Board shows that Wayne Carter received a contribution for $5,000 from CEBCO Properties, LLC on August 26, 2008 that was not originally disclosed on his tenth day prior to the primary election (10-P) campaign finance disclosure report that was filed on September 24, 2008.
4.
Information provided to the Board shows that Wayne Carter received a contribution for $2,500 from HMIM, Inc. on September 10, 2008 that was not originally disclosed on his 10-P disclosure report that was filed on September 24, 2008.
5.
Information provided to the Board shows that Wayne Carter made expenditures totaling $14,917 from June 26, 2008 through September 26, 2008 to Lamar Advertising, Inc. for digital billboards that were not originally disclosed on his thirtieth day prior to the primary election (30-P) campaign finance disclosure report that was filed on September 4, 2008 and 10-P disclosure report that was filed on September 24, 2008.
6.
Information provided to the Board shows that Wayne Carter made two expenditures Sign Craft by Diez for $509.95 on July 3, 2008 and for $4,448.50 on July 9. 2008 for campaign signs that were not originally disclosed on his 30-P disclosure report that was filed on September 4, 2008.
7.
Information provided to the Board shows that Wayne Carter made the following loans to his campaign fund: $1,715 on September 24, 2008, $13,000 on September 24, 2008, and $2,623 on September 25, 2008. These loans were not originally disclosed on his tenth day prior to the general election (10-G) campaign finance disclosure report that was filed on October 27, 2008.
8.
Wayne Carter filed amended 30-P, 10-P and 10-G disclosure reports on January 10, 2010 in which he certifies that he has accurately disclosed all contributions and expenditures made in connection with the October 4, 2008 election.
II.
APPLICABLE LAW

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

Based on the facts as outlined above, it is the opinion of the Board that Wayne Carter violated Section 1505.1.C of the Campaign Finance Disclosure Act by failing to accurately file his 30-P, 10-P and 10-G campaign finance disclosure reports. It is further the opinion of the Board that a $5,000 penalty, payable to Treasurer of the State of Louisiana, should be imposed upon Wayne Carter for the above-described violations 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 Wayne Carter violated Section 1505.1.C of the Campaign Finance Disclosure Act by inaccurately filing his thirtieth day prior to the primary election (30-P) campaign finance disclosure report, his tenth day prior to the primary election (10-P) campaign finance disclosure report, and his tenth day prior to the general election (10-G) campaign finance disclosure report
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a civil penalty of $5,000, payable to the Treasurer of the State of Louisiana, be imposed upon Wayne Carter for the violations of the Campaign Finance Disclosure Act.

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 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) acknowledges 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/Wayne Carter 5/17/10
Wayne Carter Date






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