September 30, 2009
Mr. Harvey Smith
2326 Terrace Ave.
Baton Rouge, LA 70806
RE: Ethics Board Docket No. 2008-1108
Dear Mr. Smith:
The Louisiana Board of Ethics (“Board”), after conducting a confidential investigation, finds that you, Harvey Smith, violated Section 75 of the Executive Branch Lobbyist Disclosure Act (LSA-R.S. 49:75). The following information obtained by the Board during the course of its investigation suggests the following:
Harvey Smith was a registered Executive Branch Louisiana Lobbyist for the year of 2008. Mr. Smith filed his 2008 Executive Branch Lobbyist Expenditure Report, due August 15, 2008, 38 days late.
During 2008, Section 75 of the Executive Branch Lobbyist Disclosure Act, mandated that expenditure reports be filed on August 15, 2008, disclosing the expenditures made during the period of January 1, 2008 through June 30, 2008. Additionally, Section 78D(2) of the Executive Branch Lobbyist Disclosure Act indicates that any person whose registration or report is filed eleven or more days after the day on which it was due shall be assessed, in addition to any late fees, a civil penalty not to exceed ten thousand dollars. In this case, Mr. Smith’s expenditure report due on August 15, 2008 was filed 38 days later than the statutory deadline.
Due to Mr. Smith’s filing his 2008 Executive Branch Lobbyist Expenditure Report due on August 15, 2008, 38 days late, Mr. Smith violated Section 75 of the Executive Branch Lobbyist Disclosure Act. The Board further concluded that, in accordance with Section 78D(2) of the Executive Branch Lobbyist Disclosure Act, Mr. Smith be fined $300, of which the entire amount is to be suspended based upon Mr. Smith’s future compliance with the Executive Branch Lobbyist Disclosure Act.
By Order of the Board this 30th day of September 2009.
s/Frank P. Simoneaux s/Scott E. Frazier
Frank P. Simoneaux, Chairman Scott E. Frazier, Vice-Chairman
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 the conduct as described above, violated Section 75 of the Executive Branch Lobbyist Disclosure Act; (d) acknowledges the publication of this letter; and (e) agrees not to seek judicial review of the findings and actions taken in this opinion.