The Commonwealth of Massachusetts
OFFICE OF CAMPAIGN & POLITICAL FINANCE
ONE ASHBURTON PLACE
ROOM 411
BOSTON, MASSACHUSETTS 02108
Michael J Sullivan Telephone: (617) 979-8300
Director (800) 462 OCPF
FAX: (617) 727-6549
November 2, 2012
Mayor Carlo DeMaria, Jr.
121 Belmont Street
Everett, MA 02149
Re: Disclosure of occupation/employer information;
CPF-12-92
Dear Mayor DeMaria,
This office has completed it’s review of the occupation/employer information disclosure for contributions received in 2011, provided by the Committee to Elect Carlo DeMaria (the Committee).
Based on our review, we have determined that the Committee, as discussed below, did not originally comply with the requirements of campaign finance law concerning the disclosure of contributors’ occupation and employer information. See M.G.L. c. 55, & 18. Additional information has now been filed, but only after OCPF’s repeated requests for amendments to be made to the Committee’s campaign finance reports. As a result of the corrective action that has been taken, however, we have concluded the matter be closed at this time.
The campaign finance law requires candidates and political committees to request and disclose the occupation and employer for all contributors who give $200 or more to the candidates committee during the calendar year. See M.G.L. c. 55 &18 and CMR1.08. Committees may keep contributions of $200 or more only if, “after exercising best efforts to obtain the information (the committee) is not able to obtain the information after making a request when the contribution is solicited and additional written request. The first request must be made when the contribution is solicited…If the required information is not provided at the time of the receipt, and additional written request addressed to the contributor must be made within 45 days of a committee’s receipt of any contribution which brings the total received to $200 during a calendar year. See 970 CMR 1.08(2) (emphasis added)
When the committee initially filed it’s campaign finance reports, they did not include occupation/employer information for more that 160 persons (approximately 75% of the individuals who contributed who contributed $200 or more to the committee) The total amount contributed by these persons to the committee in 2011 was approximately $50,000.00.
The committee provided to OCPF copies of a form letter not addresses to specific contributors, which may not have been sent within 45 days of receipt, as, required by regulation.
OCPF, on seven occasions starting in March, 2012, requested information from you and the Committee regarding missing or incomplete contributor information in your campaign finance reports. Specifically, the letters requested amendments of the reports to include occupation and employer information for more than 160 persons contributing $200 or more to your committee. The committee has made amendments to disclose information for 158 of 169 contributors.
For future reference you should note that if contributions are received but the Committee is unable to demonstrate compliance with the statute, the funds may be required to be disgorged through a payment by the candidate or Committee to the Commonwealth. See 970 CMR. 1.04(8)
In accordance with this office’s procedures and the opinion of the Supervisor of Public Records, this letter is a public record. If you have questions on the matter, please do not hesitate to contact this office.
Sincerely,
Michael J. Sullivan
Director
cc: Thomas J. Dunn, Treasurer
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Campaign Finance Letter
Posted - 02/07/2013 : 10:40:11 AM
