Bruce Parrott Ethics Complaint

Revised 06/10/2009

Texas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 (512) 463-5800 1-800-325-8506

OFFICE USE ONLY11

Docket Number Date Hand-delivered or Date Postmarked

SWORN COMPLAINT BEFORE THE TEXAS ETHICS COMMISSION

An individual must be a resident of the state of Texas to be eligible to file a sworn complaint with the Texas EthicsCommission. The complainant is required to attach to the complaint a copy of one of the following documents:

123

NICKNAMELASTSUFFIX

4

COMPLAINANTNAMECOMPLAINANTPHYSICALADDRESS

6789

(check if same as above)

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•

complainant's driver's license or personal identification certificate issued under Chapter 521of the Transportation Code, or commercial driver's license issued under Chapter 522 of theTransportation Code; or

•

a utility bill, bank statement, government check, paycheck or other government document thatshows the name and address of the complainant and is dated not more than 30 days beforethe date on which the complaint is filed.

I. IDENTITY OF COMPLAINANT

COMPLAINANTMAILINGADDRESS

MS / MRS / MRFIRSTMI

COMPLAINANTTELEPHONENUMBER

ADDRESSAPT / SUITE #;CITY;STATE;ZIP CODEADDRESSAPT / SUITE #;CITY;STATE;ZIP CODE

II. IDENTITY OF RESPONDENT

COMPLAINANTE-MAILADDRESS

5

RESPONDENTPOSITION ORTITLE

NICKNAMELASTSUFFIX

RESPONDENTNAMERESPONDENTPHYSICALADDRESSRESPONDENTMAILINGADDRESS

MS / MRS / MRFIRSTMI

RESPONDENTTELEPHONENUMBER

AREA CODE PHONE NUMBER EXT

(Full home or business address, including street, city, state, and zip code)

ADDRESSAPT / SUITE #;CITY;STATE;ZIP CODEADDRESSAPT / SUITE #;CITY;STATE;ZIP CODE

RESPONDENTE-MAILADDRESS

10

(IF KNOWN)

(Full home or business address, including street, city, state, and zip code)

AREA CODE PHONE NUMBER EXT

Effective September 1, 2009, an individual may also be eligible to file a sworn complaint with theTexas Ethics Commission if the individual owns real property in the state of Texas. Under thisprovision, the complainant will be required to attach to the complaint a copy of a property tax bill,notice of appraised value, or other government document that shows the name of the complainant,shows the address of the real property in Texas, and identifies the complainant as the owner of thereal property.

(Full home or business address, including street, city, state, and zip code)(Full home or business address, including street, city, state, and zip code)

(check if same as above)

Mr.

Robert

A.

Gwinn

Jr.

319 Kahala Drive

Dallas

TX

75218

319 Kahala Drive

Dallas

TX

75218

(214) 342-7200

allen@dallas.org

Mr.

Bruce

Parrott

Candidate for Dallas Independent School Board, District 3

11208 Yorkmont Circle

Dallas

TX

75218

11208 Yorkmont Circle

Dallas

TX

75218

(214) 328-6809

bruce@bruceparrott.com

Revised 06/10/2009

Texas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 (512) 463-5800 1-800-325-8506

Include the specific law(s) or rule(s) alleged to have been violated. The Texas Ethics Commission has jurisdiction to enforceonly the following laws: (1) Title 15 of the Election Code; (2) Chapters 302, 303, 305, 572, 2004 of the Gov't Code; (3) § 334.025and § 335.055 of the Local Gov't Code; (4) Subchapter C, Chapter 159 of the Local Gov't Code, in connection with a county judicial officer who elects to file a financial statement with the commission; (5) § 2152.064 and § 2155.003 of the Gov't Code;(6) § 306.005 of the Gov't Code.

III. NATURE OF ALLEGED VIOLATION

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ATTACH ADDITIONAL PAGES AS NEEDED

Respondent failed to file an 8-day Candidate / Officeholder Campaign Finance Report, in a timelymanner, as required by Title 15 § 254.064(c) of the Texas Election Code.Respondent also failed to report the purpose of expenditures on his 8-day Candidate / OfficeholderCampaign Finance Report as required by Title 15 § 254.031(a)(3) of the Texas Election Code.

Revised 06/10/2009

Texas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 (512) 463-5800 1-800-325-8506

State the facts constituting the alleged violation(s), including the dates on which or the period of time in which the allegedviolation(s) occurred. Identify allegations of fact not personally known to the complainant, but alleged on information andbelief. Please use simple, concise, and direct statements.

IV. STATEMENT OF FACTS

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ATTACH ADDITIONAL PAGES AS NEEDED

Respondent was an opposed candidate in an October 3, 2009, election for the office of Trustee in theDallas Independent School District. Texas Election Code, Title 15, § 254.064(c) ("Additional Reportsof Opposed Candidate") requires an opposed candidate to file a Candidate / Officeholder CampaignFinance Report ("C/OH Report") which "

must be received by the authority with whom the report is required to be ﬁled not later than the eighth day before election day

." Therefore, Respondent's reportwas due no later than October 26, 2009.According to the date stamp, Respondent's 8-day C/OH Report was received by the ﬁling authority at9:30 AM on October 30, 2009--4 days later ("Exhibit A").Section 254.042 (b) ("Civil Penalty for Late Report") imposes a "

civil penalty of $500 for the ﬁrst day the report is late and $100 for each day thereafter that the report is late

" for failing to file a report asrequired by §254.064(c).The Texas Ethics Commission recently considered a substantially similar matter ("Exhibit B" -SC-290233) involving an 8-day C/OH Report filed late during a runoff election in violation of§254.064(e). The Commission noted, in its findings, that "[to]

be considered timely ﬁled, the report must have been received by the ﬁling authority, and not postmarked, by the due date

."Section 254.031 ("General Contents of Reports") reads in part (with emphasis added):

(a) Except as otherwise provided by this chapter, each report ﬁled under this chapter must include: (3) the amount of political expenditures that in the aggregate exceed $50 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made,and the dates and

purposes of the expenditures

;

Respondent's 8-day C/OH Report, ("Exhibit A") Schedule F fails to disclose the purpose of eachexpenditure.Section 254.041 ("Criminal Penalty for Untimely or Incomplete Report") reads in part:

(a) A person who is required by this chapter to ﬁle a report commits an offense if the person knowingly fails: (1) to ﬁle the report on time; (3) to include in the report information that is required by this title to be included.(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.