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Campaign Finance Board Issues Determination; Votes on Penalties and Repayment Obligations

October 18, 2012

During a regularly scheduled meeting today, the Campaign Finance Board determined that five campaigns in the 2009 elections committed violations. Separately, the Board determined that four campaigns in the 2009 elections must repay public funds.

The Board also ratified a public funds payment of $49,333 to Andrew L. King for the special election in Council District 12.

The Board also voted to approve a final Board determination on the 2009 mayoral campaign of Michael R. Bloomberg regarding pre-election payments to the Independence Party. Further details available on this separate release.

For details on the Board's actions, please refer to the charts below. Please note that the hyperlinked documents (pdf) attached to the 'Total Penalties' figure for each campaign provide detail on the violations committed.

Violations and Penalties


Candidate

Total Public Funds Received

Violation

Penalty

Total Penalties

Maria Baez 
CD #14 (2009)

       

$70,170

Accepting a contribution from a partnership

$100

$45,200

Accepting an over-the-limit "Doing Business" contribution

$500

Failing to demonstrate that another committee's expenditures were not used in furtherance of the campaign

$935

Filing a disclosure statement 13 days late

$650

Failing to provide bank statements

$250

Failing to comply with subcontractor reporting requirements

$200

Accepting an unreported in-kind contribution from an LLC

$15,254

Accepting an over-the-limit contribution

$1,089

Accepting a contribution from an unregistered political committee

$280

Failing to report three in-kind contributions

$150

Failing to report in-kind contributions from other campaigns

No penalty

Exceeding the expenditure limit

$17,975

Failing to document fifteen transactions

$750

Failing to document and correctly allocate a joint expenditure

$50

Failing to respond to the Draft Audit Report

$7,017

Rock H. Hackshaw
CD #40 (2009)

$77,136

Filing a disclosure statement three days late

$150

$12,654

Failing to respond timely to the post-election documentation request

$1,000

Failing to provide bank statements

$250

Failing to provide deposit slips, resulting in a 34.05% cash variance

$1,000

Failing to document a petty cash fund

$50

Accepting and failing to report a corporate contribution

$1,050

Failing to document loans

$150

Failing to demonstrate that spending was in furtherance of the campaign

$1,060

Making improper post-election expenditures

$230

Failing to respond to the Draft Audit Report

$7,714

Diana Reyna
CD #34 (2009)

$172,880

Accepting two over-the-limit "Doing Business" contributions

$625

$2,445

Accepting a corporate contribution

$20

Accepting a contribution from an unregistered political committee

$250

Failing to report a separate committee that may have been used for campaign purposes and failing to provide its bank statements

$250

Failing to file daily disclosure statements

$100

Failing to provide bank statements

$250

Failing to report and document 19 specific transactions

$250

Failing to report an in-kind contribution (website)

$50

Failing to document an in-kind contribution

$50

Failing to contemporaneously document a transaction

$500

Making cash payments greater than $100

$100

Billy Talen
Mayor (2009)

$0

Filing disclosure statements late

$1,831

$13,842*

Failing to provide merchant account and bank account statements

$763

Failing to provide employment information

$381

Accepting and over-the-limit contribution

$229

Accepting a corporate contribution

$954

Failing to respond to post-election requests for documentation and information

$528

Failing to accurately report receipts

$3,052

Maintaining a cash variance of 78.2%

$6,104

Yudelka Tapia
CD #14 (2009)

$78,828

Accepting a corporate contribution

$46

$47,774

Filing a disclosure statement late

$750

Failing to file two disclosure statements

$1,500

Failing to provide bank and merchant account statements

$2,250

Failing to report expenditures

$4,203

Failing to document expenditures

No penalty

Failing to accurately report cash receipts

$500

Failing to provide deposit records

$250

Failing to accurately report receipts and disbursements

$500

Accepting five over-the-limit contributions

$20,250

Failing to document three in-kind contributions

$150

Failing to document receipts

$700

Making cash payments greater than $100

$550

Maintaining a petty cash fund greater than $500

$150

Failing to demonstrate that spending was in furtherance of the campaign

$211

Failing to respond to the initial request for documentation

$7,882

Failing to respond to the Draft Audit Report

$7,882

 

*The Board reduced certain penalty amounts so as to avoid penalties disproportionate to the size of the campaign.  

The Board also voted to amend its September 13, 2012 Board meeting penalty determination concerning the 2009 Council District 38 Sara M. Gonzalez campaign. The Board originally penalized the campaign $100 for failing to report two transactions. At today's meeting, the Board withdrew this violation and penalty, and penalized the campaign $100 for an improper post-election expenditure. The total penalties assessed against the Gonzalez campaign remains unchanged.

Please review the 2009 Penalty Guidelines for more information on how penalties are assessed.

Public Funds Repayments


Candidate

Total Public Funds Received

Public Funds Repayment

Maria Baez 
CD #14 (2009)

$70,170

$27,762

Rock H. Hackshaw
CD #40 (2009)

$77,136

$54,582

Diana Reyna
CD #34 (2009)

$172,880

$141,727

Yudelka Tapia
CD #14 (2009)

$78,828

$59,930

Ratification of Payment of Public Funds


Candidate

Date of Payment

Public Funds Received

Andrew L. King
CD #12 (Nov. 2012 special)

October 12, 2012

$49,333

 

Archived video of today’s meeting, and past Board meetings, can be found at www.nyccfb.info/live.