BEFORE THE OFFICE OF CAMPAIGN FINANCE

DISTRICT OF COLUMBIA BOARD OF ELECTIONS FRANK D. REEVES MUNICIPAL BUILDING 2000 14th STREET, N.W., SUITE 433 WASHINGTON, D.C. 20009
Telephone: (202) 671-0547 Fax: (202) 671-0658

IN THE MATTER OF Darrell Gaston, Candidate GASTON 2012 2945 Knox Place SE, #202 Washington, D.C. 20020

) ) ) ) ) ) ORDER

Date: November 4, 2013 Docket No: 13R-019

Statement of Case This matter came before the Office of Campaign Finance (OCF) Office of the General Counsel following a determination by its Reports Analysis and Audit Division (RAAD), on the basis of a Final Audit Report issued August 28, 2013, that Candidate Darrell Gaston for the Gaston 2012 principal campaign committee failed to provide all documents requested in a Preliminary Audit Report, dated July 1, 2013 by the extended deadline of August 8, 2013, in violation of the reporting and disclosure requirements of the District of Columbia Campaign Finance Act of 2011, D.C. Official Code (2012) 1-1163.03(a)(1)(A), 1-1163.08(a) and (b) and 1-1163.09(c)(3) and (8) and the District of Columbia Municipal Regulations 3 DCMR 3400.2 (August 2013). By Notice of Hearing, Statement of Violations and Order of Appearance dated October 2, 2013, OCF ordered Darrell Gaston (Respondent), to appear at a scheduled hearing on October 8, 2013 and show cause why he should not be found in violation the Campaign Finance Act of 2011 (cited herein) and 3 DCMR 3400.2, and fined accordingly. Summary of Evidence On October 8, 2013, Respondent appeared at the scheduled hearing pro se. Tabitha Spruill, Auditor appeared as representative for RAAD. Ms. Spruill testified that Respondent failed to submit all of the additional documents requested in a Preliminary Audit Report, dated July 1, 2013 by the extended deadline on August 8, 2013. Since the Respondent failed to comply, RAAD was unable to verify the accuracy of the statements and reports filed by Respondent, covering the period of September 1, 2011 through July 21, 2012. Therefore, on the basis of the foregoing information and record, RAAD issued a written Final Audit Report, dated August 28, 2013 detailing findings of fact and conclusion of law that Respondent failed to comply with the reporting and disclosure requirements prescribed by the D.C. Official Code 1-1163.08(a) and (b), 1-1163.09(c)(3) and (8), and 3 DCMR 3400.2.

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Respondent testified that he did file some of the documentation requested in the Preliminary Audit Report, on or about August 13, 2013. Respondent failed to bring any additional evidence, documentation, materials, or other information that was requested in the Preliminary Audit Report or potentially relevant to his defense. Furthermore, Respondent failed to provide any persuasive mitigating circumstances that prevented him from acquiring and/or producing said documents. In efforts to obtain voluntary compliance, Respondent was granted an additional filing extension of Friday, October 25, 2013. Respondent failed to meet full compliance by the extended deadline date. Consequently, Respondent remains in noncompliance. Without proper documentation to verify the accuracy of Respondents statements and reports filed with OCF for the period from September 1, 2011 through July 21, 2012, it has been determined that Respondent violated D.C. Official Code 1-1163.08(a) and (b), 1-1163.09(c)(2) and (8), and 3 DCMR 3400.2 and may be assessed a separate fine for each violation. Findings of Fact Having reviewed the allegations and the record herein, I find: 1. Respondent is the candidate for the Gaston 2012 principal campaign committee that registered for the election for Councilmember for Ward 8, 2012. 2. Respondent was required to file additional information as requested by the RAADs Preliminary Audit Report on or before the extended filing deadline of August 8, 2013. 3. Respondent failed to provide adequate and complete compliance by the extension deadline. 4. By Notice of Hearing, Statement of Violations and Order of Appearance dated October 2, 2013, OCF ordered Respondent to appear for a scheduled hearing on October 8, 2013. 5. Respondent was granted an additional filing extension of Friday, October 25, 2013, and again failed to file the requested documents by the extension date. 6. Respondent provided unpersuasive testimony for failure to file all of the documents requested in the Preliminary Audit Report. 7. Respondent failed to provide any evidence, documentation, materials, or other information that was potentially relevant to his defense. 8. Respondent violated D.C. Official Code 1-1163.08(a) and (b), 1-1163.09(c)(2) and (8), and 3 DCMR 3400.2 and remains in noncompliance.

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Conclusion of Law Based upon the record provided by OCF, I therefore conclude: 1. Respondent violated D.C. Official Code 1-1163.08(a) and (b), 1-1163.09(c)(2) and (8), and 3 DCMR 3400.2. 2. The penalty established by 3 DCMR 3711.2(c) for failure to designate a campaign depository, in accordance with D.C. Official Code 1-1163.08(a) is a fine of $30.00 per day of noncompliance. 3. The penalty established by 3 DCMR 3711.2(r) for failure to disclose required information on reports and statements, in accordance with D.C. Official Code 11163.09(c)(3) and (8) is a fine of $50.00 per day of noncompliance. 4. The penalty established by 3 DCMR 3711.2(v) for making expenditures in excess of expenditure limitations, in accordance with D.C. Official Code 1-1163.08(b) is a maximum fine of $1000. 5. The penalty established by 3 DCMR 3711.2(z) for failure to maintain records required in accordance with 3 DCMR 3400.2 is a maximum fine of $2000. 6. For each violation cited herein, Respondent may be fined a separate civil penalty as follows: a) $1,230 for failure to designate a campaign depository; b) $2,000 for failure to disclose required information on reports and statements; c) $1,000 for making expenditures in excess of expenditure limitations; and d) $2,000 for failure to maintain records required by 3400.2. 7. For good cause shown, the Director of Campaign Finance may modify, rescind, dismiss or suspend any fine, according to 3 DCMR 3711.7. 8. Respondent provided unpersuasive testimony for failure to file all of the documents requested in the Preliminary Audit Report. 9. Respondent was granted an additional filing extension of Friday, October 25, 2013, and again failed to file the required documents by the extension date. 10. Respondent remains in noncompliance and may be assessed an aggregate civil penalty of $6,230 for each violation cited herein.

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Recommendation In view of the foregoing and information included in the record, I HEREBY RECOMMEND that the Director impose an aggregate fine of Six Thousand Two Hundred Thirty Dollars ($6,230) in this matter.

Date

Kalvanetta K. Peete Hearing Officer

Concurrence In view of the foregoing, I HEREBY CONCUR with the Recommendation.

Date

William O. SanFord General Counsel

ORDER OF THE DIRECTOR IT IS ORDERED that an aggregate fine of $6,230 is hereby imposed in this matter.

Date

Cecily E. Collier-Montgomery Director

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CERTIFICATE OF SERVICE THIS IS TO CERTIFY that a true copy of the ORDER was served on Candidate Darrell Gaston, via regular mail and/or certified mail at 2945 Knox Place, SE #202, Washington, D.C. 20020 on this __4th____ day of November, 2013.

Notice Any party adversely affected by an Order of the Director may: (1) file a Motion for Reconsideration (Motion) with the OCF within five (5) days after receipt of an Order, provided that, relevant evidence was omitted from consideration at the hearing (3 DCMR 3709.13); or (2) obtain review of the Order by filing a request for a hearing de novo with the Board of Elections within fifteen (15) days from the date of issuance of an Order. Any fine imposed by the Director, pursuant to 3711.2 shall become effective on the sixteenth (16th) day following the issuance of a decision or Order; provided that, the Respondent does not request a hearing de novo, the Board of Elections. Fines imposed shall be paid within ten (10) days of the effective date of the issued Order of the Director. Make payment by check or money order, payable to: District of Columbia Treasurer. Send payment to the Office of Campaign Finance, Frank D. Reeves Municipal Building, 2000 14th Street NW, Suite 433, Washington, DC 20009.