HomeMy WebLinkAboutArt Bullock - Failure to File Stmt of Independent Expenditures
BILL BRADBURY
SECRETARY OF SrATE
ELECfIONS DIVISION
OFFICE Of THE SECRETARY OF STATE
JOHN LINDBACK
DIRECfOR
255 cAPITOL ST NE SIB 501
SALEM, OREGON 97310
ELECfIONS - (503) 986-1518
In the matter of Failure to File a Statement of Independent
Expenditures by Art Bullock
) Notice of Proposed Civil
) Penalty, Opportunity to
) Request a Hearing
)
August 12, 2008
Case Number: 06-C&E-29
Art Bullock
791 Glendower
Ashland, OR 97520
Dear Mr. Bullock:
This letter constitutes a Notice of Proposed Civil Penalty. Please read the information below
carefully and contact our office if you have any questions about its contents or necessary actions
on your part.
Reason for Notice:
This notice is being sent to you as a result of your failure to file a Statement of Independent
Expenditures (PC 10) for expenditures made in connection with the November 7, 2006, edition
of. . . Of the People for the November 7, 2006, Election. You were required to file a PC 10 with
the local filing officer between November 28, 2006, and December 7, 2006, for the post-election
accounting period. See 2006 Campaign Finance Manual, page 12.
ORS 260.044 requires that a person shall file a statement of independent expenditures if the
person makes independent expenditures in a total amount of more than $100 in a calendar year
and shall be filed with the local filing officer. The statement must be filed by the deadline for
the accounting period in which the expenditure is made. The expenditure was made on
October 30,2006, which was the post-election reporting period for the November 7, 2006,
general election. The statement shall specify the candidate or measure supported or opposed
by the independent expenditure.
You made independent expenditures in support or opposition of a clearly identified candidate
or measure by publishing. . . Of the People, therefore violating ORS 260.044.
Authority for Civil Penalty:
The Secretary of State has the authority to impose civil penalties in accordance with
ORS 260.995.
Proposed Civil Penalty:
The Secretary is proposing a civil penalty of $250 for this violation because it is your first
violation of this statute.
Art Bullock
August 12, 2008
Page 2
Reduction or Waiver of Penalty:
A reduction or waiver of the penalty will be considered only if one of the following mitigating
circumstances is present:
a) the violation is the direct result of clearly-established fraud, embezzlement or other
criminal activity against the committee, committee treasurer or candidate, as
determined in a criminal or civil action in a court of law or independently
corroborated by a report of a law enforcement agency or insurer or the sworn
testimony or affidavit of an accountant or bookkeeper or the person who actually
engaged in the criminal activity;
b) the violation is the direct result of fire, flood, utility failure or other calamitous
event, resulting in physical destruction of, or inaccessibility to, committee records;
Calamitous event means a phenomenon of an exceptional character, the effects of which
could not have been reasonably prevented or avoided by the exercise of due care or foresight.
c) the violation is the direct result of failure of a professional delivery service to
deliver documents in the time guaranteed for delivery by written receipt of the
service provider (this does not include delivery by fax);
d) the violation is the direct result of an error by the elections filing officer; or
e) the violation is the direct result of a valid personal emergency of the candidate or
treasurer. In this case, independent written verification must be provided.
A valid personal emergency is a serious personal illness or death in the immediate family of
the candidate or treasurer, which caused a report to be late. Personal emergency does not
include a common cold or flu, or a long-term illness where other arrangements could have
been made.
It is your responsibility to show that one of the listed circumstances occurred and that it caused
the violation.
Art Bullock
August 12, 2008
Page 3
Opportunity to Request a Hearing:
You have 20 days* from the date you received this certified letter to take one of the following
actions:
Do not take any action.
Result
A hearing will be scheduled within 30
days. You will be notified of the date, time
and place. If you choose not to appear, or
are unable to appear, at the hearing, you
may submit written notarized testimony
or other evidence in lieu of appearance.
Those documents must be received not later
than three business days before the day of the
hearin~.
No public hearing will be scheduled and
an order will be issued based on the
written testimony and the hearing record
(which is the agency file for this
committee) .
A penalty will be assessed based on
available information. \
Action
Request a hearing to appear in person
before an independent hearings officer
(personal appearance hearing).
Submit a notarized written explanation
contesting the circumstances of the
violation or providing evidence of
mitigating circumstances (letter hearing).
(* If the certified letter is refused or left unclaimed at the post office, the 20 day period begins on the
day the post office indicates it has given first notice of a certified letter.)
If you have any questions about any part of this notice, please contact me at 503-986-1518.
Sincerely,
Kathy Schamp
~SP~
Certified Mail - Return receipt requested
First class mail
c: Barbara Christensen
City Recorderffreasurer
City of Ashland
20 E Main St
Ashland OR 97520
06-C&E-29