FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-ll-048

Transcription

1 1 FLORDA ELECTONS COMMSSON CASE REPORT Case Number: FEC-ll-048 NAME: MAM FRATERNAL ORDER OF POLCE PAC DATE ApPEAL RECEVED: 11119/10 DATE HEARD BY FEC: 5/10/11 DATE HEARNG REQUEST RECEVED: n/a DATE REpORT DUE: 10/29110 (2010G4) DATE OF ELECTRONC RECEPT: 1111/10 DATE FLNG OFFCER RECEVED REPORT: NUMBER OF DAYS LATE: 3 AMOUNT OF FNE: $ CANDDATE [ ] PC [x] CCE [] POLTCAL PARTY [ ] ECO[ ] STATE [x] DSTRCT [ ] COUNTY [ ] CTY [ ] FNE BASED ON: () NUMBER OF DAYS ( ) 25% OF RECEPTS (x) 25% OF EXPENDTURES TOTAL RECEPTS FOR REPORTNG PEROD: $0.00 TOTAL EXPENDTURES FOR REpORTNG PEROD: $2, DATE FRST NOTFCATON WAS RECEVED: Fine letter dated 11/1110 SUMMARY: Miami Fraternal Order of Police PAC is a political committee (PC) registered with the State of Florida. The PC's chair is Armando Aguilar, and its treasurer is William Scarola.. Mr. Scarola is representing the PC in this appeal. The PC is appealing the fine claiming that a computer virus prevented the report from being timely filed.. According to Mr.. Scarola, he attempted to file the report on 10/28/1 0. However, he realized his computer was not transmitting data properly so he shut it down and took it to a technician.. Mr. Scarola states the technician returned the computer to him on 11/1/10, and informed him that the computer had had a virus.. Mr.. Scarola further states he filed the report as soon as he realized it was still due. Commission staff interviewed Mr. Scarola on 417/11. Mr.. Scarola stated a friend who works in T at a local school fixed the computer for approximately $50, and he did not have any documentation of the transaction.. PROR CASES: The PC has had no prior cases before the Commission.. FECACTON: FNE DUE: $ DATE: TMELY FLED: YES No UNUSUAL CRCUMSTANCES: YES No WAVER: PARTAL FULL UCREASON: FNENCORRECLYCALCULATED: YES No NTALS: Aut048 (2/09)

2 2 PRESDENT ARMANDO AGULAR VCE-PRESDENT CARLOS AVLA i, SECRETARY FRANK CASANOVAS TREASURER WLLAM J. SCAROLA PAST PRESDENT ORNEL "AL" COTERA The Only "'"tlonal Police Organization n the United States WALTER E HEADLEY, JR MAM LODGE No S W 12 AVENUE PHONE. (305) MAM. FLORDA FACSMLE ": December 2, 2010 Attn: Tracie Aulet My name is Armando Aguilar, am the chairman of the Miami Fraternal Order of Police PAC fund. n reference to the attached memo am appointing Sgt William Scarola the treasurer of the PAC fund to represent me in this matter. He is the one that has all the firsthand knowledge as to what occurred in this case. f lor Sgt Scarola can be of any other assistance please feel free to contact us at (305) Thank you for your attention and consideration in this matter. Armando Aguilar.tf~~/ Pre itlent!chairman Miami Fraternal Order of Police and PAC Fund

3 3 PRESDENT ARtvlANOO AGULAR ViCE-PRESiDENT CARLOS AVLA SECRETARY FRANK CASANOVAS TREASURER WLLAM J, SCAROLA PAST PRESDENT ORNEL 'At." COTERA The Only,",,],onaJ POllet> OrganllJOn n na UOlled Slale5 WAL TER E HEADLEY JR M, A M' L 00 G E No S W 12 AVENUE. PHONE. 130~) '!AM 'll'l-1l[)a ;'3130 rac~~~llf J < :-\ 4 :~fl.64 November 14, 2010 To Whom t May Concern, am in receipt of your office's letter dated November 1, (Copy enclosed) in reference to Miami Police FOP lodge # 20 PAC fund number On Thursdav October 28,2010, 'reviewed the report tor completeness and believed that it was properly completed and thought had closed it out. Then apparently attempted to transmit my report for period G4~11. mmediately after hitting the enter key,, realized that my computer might not be transmitting data properly and shut it down. contacted a computer technician and took him the computer for repair that day. He returned the computer on Monday November, 2010, and informed me that t had a virus that was preventing t from transmitting or receiving data. When returned to my office with t, later that morning booted up the computer and discovered that report 2010-G4-11 had not been sent and was still outstanding. t was at this time realized the report was due the day after the closing period on November 29, 2010; and did not have the usual five to seven day grace period. mmediately stopped everything else was doing and transmitted the report to your office. realize how important accuracy and timeliness is with these reports. am truly sorry for the delay caused in this report and any problems it may have caused your office. am also asking for your assistance in waiving the fine referred to in your letter of $ f you look at our reporting history, you will see the only other problem we had was when we first opened our PAC fund. That issue was caused because our application was approved at the same time as a reporting period ended. Since then, have consistently ensured that the completed reports were sent in a timely manner. f you or any member of the election committee need any further information or documentation about this inddent please contact me Monday through Friday 10:00 A.M. until 6:00 P.M. at (305) or meat_miamifop20@aol.com. SinCere~yy urs ~A.,.. sgt:-~l. arola Treasurer MJ mi FOP Lodge # 20 / Pac Fund

4 4 FLORDA DEPARTMENT OF STATE Dawn K. Roberts nterim Secretary of State mvson OF ELECTONS November 1,2010 Mr. Armando Aguilar, Chairperson Miami Fraternal Order of Police PAC 710 SW 12th Avenue Miami, FL Dear Mr. Aguilar: The campaign treasurer's report that was due October 29, 2010, was not filed until November 1,2010. Accordingly, you are fined in the amount of $ The fine must be paid to the Division of Elections within 20 days of receipt of this notice unless appealed to the Florida Elections Commission. ]fyou wish to appeal the fine, you must submit a notice of appeal to the Commission within 20 days of the date of the receipt of this notice. (See Rules , 2B and 2B-l.0055, Florida Administrative Code.) The Florida Elections Commission's address is 107 West Gaines Street, Suite 224, Tallahassee, Florida Please send a copy of your notice of appeal to the Bureau of Election Records at the address listed below. f you have any questions, please contact us at (850) Sincerely, 4)~=B-- Kristi Reid Bronson, Chief Bureau of Election Records cc: William Scarola, Treasurer 710 SW 12th Avenue Miami, FL The R A Gray Building-Room South Bronough Street Tallahassee FL (850) FAX: (850) WWW Address: E-,Mail: DivElections@dos,statep.us

5 Committee Tracking system - Florida Division of Elections - Department of State Page 1 of 1 5 Florida Department of State Room 316, R.A. Gray Building 500 South Bronough Street T aliahassee, F (850) Division of Elections Committee Tracking System Miami Fraternal Order of Police PAC Type: Political Committee Status: Active Address: 710 SW 12th Avenue Miami, FL Phone: (305) Chairperson: Armando Aguilar Treasurer: William Scarola 710 SW 12th Avenue Miami, FL Registered Agent: William Scarola 710 SW 12th Avenue Miami, FL Purpose: Affiliates:

6 6 11/22/2010 Account: PAC Filed Reports for Elec 10: GEN Miami Fraternal Order of Police PAC Chairperson: Aguilar, Armando Appt: 4/1/09 Page 2 Report: 2010 G1 (8) From: 8120/2010 Amd: N Filed: FL 9/ :22:52 P Due: 9/17/2010 To: 9110/2010 Cmplt: NOD Reviewed: ADD 9/ :22:20 P!ubmitt~!! Tre~~urer.. ''_' ' Appoillted Withd~~_ Entry 31 ethod File Method Chair PN 9/11/2010 William Scarola Web Data Entry Web Filed Report: 2010 G2 (9) Due: 10/ From: 9111/2010 To: 9/ ~f}ubmit:~~, 3:~~~~~~~~_"" "'_. ""_._.,_Ap!!.~illte!!_,",.. _, Wi!!!!!..~~~_. Amd: N Cmpt: COM Filed: FL 9/30/20102:20:38 P Reviewed: ADD 9/30/20102:20:04 P Entry M et~od,_,_", Fil~ M..ethod, ""_.,Chair PN 9/30/2010 William Scarola 4/1/2009 Web Data Entry Web Filed 9/30/ _._------_._ _._ _._ Report: 2010 G3 (10) Due: 10/15/2010 From: To: 10/ Amd: N Cmplt: COM Filed: FL 10112/20105:01:19P Reviewed: AUD 9/30/20102:31:20 P _~~~'!!!!~~_,!!ea.~~'.::..~_., "" ""_ Apl!.,oin.~!!""_. 1Y.!!_~!!'eJ1!_._...!'try,M etflod. Fil~ M etlt!!!!..,,_..,_~hai!. PN _. 10/ William Scarola 4/1/2009 Web Data Entry Web Filed 10/ Report: 2010 G4 (11) Due: 10/29/ From: 10/ To: 10/28/2010 Amd: N Cmplt: COM Filed: FL :14:48 A Reviewed: AUD :07:'35 P Submitted l're~~!!!.~~.,._appointed Withdrew,_,",,_, En~lx~'!!.ho!!. ""_,_ Fil!!...Metltl!!!.,_,_._,_,, ",._ Chair PN. 11/ William Scalola 4/1/2009 Web Data Entry Web Filed 11/112010

7 Campaign Finance - Report Summary Page 1 of1 7 ::::J Filed Report Summary Home Filings Transactions Pnnt Queue Campaign Account Sign Out Help [summary of all filings received 1--Repoit:-2oio-:-&1=-li ofoGeneraTElection Covers:-.. o/gi2:ru6=-io728tioio-.. -Due :-To/29/20io--...-: , Last Review: flo~-;;-/2-0~~--!---r-e~:ed: r Arnef1l1ec '--'-- -- ~===========~ Review Compiete: Waiver Recalculate Filed Date: i~l/1/2010 File Status: ~ ~ -.. Transactions l' 2 Contributions Cash and Checks: Loans: Total Monetary: n-kind Contributions: Amount L , Expenditures Amount Monetary: 2, Transfers to Off Acct: L_ 0.00, Total Monetary: i 2, Other Distributions: O.QQ Activity this report,ong Report Submit Date: 1 (11/01/2010) By: ' Contributions Amount Expenditures Amount Cash and Checks: Loans:,, ~ Monetary:! 2, i O.OOi Transfers to Off Acct: i L, Total Monetary: j Totai Monetary: 2,386.77! O.O~ n-kind Contributions: O.O~ Other Distributions: ~ FlOrida Department of State, DiVSion of Elections

8 /2010 Account: RptSeq: 11 Queued tems for 201 O-G4 Miami Fraternal Order of Police PAC Page 1 ProcessDescriptiolt Create Pending Report Review Pending Report Review Pending Report Review Pending Report File Pending Report Status Submitter Created LastUpdate Processing Complete /25/ :04:56AM 10/25/ :04:56 AM Processing Complete /27/20105:01:01 PM 10/27/20105:01:01 PM Processing Complete /27/20105:03:36PM 10/27/2010 5:03:36 PM Processing Complete /27/2010 5:07:35 PM :07:35 PM Processing Complete / :14:48 AM 1111/201011:14:48 AM

9 FEC - Candidate/Committee Filing History Report Page 1 of 1 9 search : contact us i 41 i subsclibe : tour Florida Department of State - Division of Elections Election: Candidate/Committee Lookup L Aeet: Type: Committee \'~~archu ::f] ::f]... i,. ~ Committee Miami Fraternal Order of Police PAC Account: Date Due Type Date Filed Status Days Late As:~~~ed 10/29/2010 G4 11/1/2010 APP 3 $ /15/2010 G3 10/12/ /1/2010 G2 9/30/2010 9/17/2010 G1 9/11/2010 8/20/2010 F3 8/20/2010 8/6/2010 F2 8/2/2010 7/23/2010 F1 7/21/2010 4/12/2010 Q1 4/8/2010 1/11/2010 Q4 1/6/ /13/2009 Q3 10/5/2009 7/10/2009 Q2 7/8/2009 Appealed Amount Amount Fined Paid $ $ AcctNum=50477 &cboelection=&

10 10 FLORDA ELECTONS COMMSSON PHONE LOG Case No.: FEC Respondent: Miami Fraternal Order of Police PAC Complainant: Division of Elections 1. Date and time: April 7, 2011; 3:36 p.m. N arne: William Scarola Phone #: Summary: asked Mr.. Scarola if he had any documentation for the repairs made to his computer. Mr.. Scarola stated a friend of his wife's who works in the T department at his wife's school fixed the computer for him and charged him maybe $50. He stated he did not have any receipts. Memo to File? No Entered by: ta 2. Date and time: Phone #: Summary: Memo to File? No Entered by: 3. Date and time: Phone #: Summary: Memo to File? No Entered by: 4. Date and time: Phone #: Summary: Memo to File? No Entered by: 5. Date and time: Phone #: Summary: Memo to File? No Entered by: 6. Date and time: nvoo (10/07)