TEXAS ETHICS COMMISSION P. O: Box 12070, Capitol Station Austin, Texas 78711-2070 rola M, Meads Commit Chat a ie fain ; August 25, 2010 wn org "Tay Heer Dwi A, Reanan . cite Dr me Unt Mr. Gordon Quan CERTIFIED MAIL NO. 7008 3230 0002 6548 6138, 5177 Richmond Avenue, Suite 800 RETURN RECEIPT REQUESTED Houston, Texas 77056-6710 Re: Natice of Complaint, SC-31008253 Dear Mr. Quan: We received sworn complaint SC-3 1008253 on August 18, 2010. The complaint, in part, meets the technical form requirements for a complaint filed with the Texas Ethics Commission, and the executive director has determined that the Ethics Commission has jurisdiction over some of the violations of lave alleged in the.sworn complaint. The. complaint alleges that you: 1). accepted, political contributions and made political expenditures ata time when you did not have a campaign treasurer eppointment in effect in violation of section 253.031 of the Election Code; 2) failed to filea semiannual campaign finance report in violation of section 254.063 of the Election Code; and 3) failed to discloso.in campaign finance reports certain political expenditures, in violation of section 254.031 of the Election Code, Please note that a.complaint must state on its face an allegation that, if true, constitutes a violation of a rule adopted by or a law administeted and enforced by the commission, Section 571.122, Government Code, Under section 252.010 of the Election Code (Transfer of Appointment), when a candidate decides to seek office that would require filing a campaign treasuter appointment with a different filing authority, the campaign treasurer appointment that is on file with the original authority terminates on the filing of a new treasurer appointment and a copy of the original appointment with the appropriate authority or on the 10th day after the date the decision to seek a different office is made, whichever is earlier. The timeline submitted with the complaint begins on December 24, 2009, andithe contiibiitions'and expenditures that are the subject of the allegations, that you made political expenditures and accepted political contributions at a time when you did not have an actual campaign treasurer appointment, were made within 10 days of that date. ‘Thus, those allegations on their face do not constitute a violation of arule adopted by or a law administered and enforced by the commission and will not be considered, Come visit our home page at htp:/hvww.ethias state. us on the Internet. «FAX (512) 463-5777 * TDD 1-800-735-2989Page 2 of 3 In addition, because you had a campaign treasurer appointment in effect with the City of Houston on Diecember 31,2009, you were required to file a semiannual report with the city, not the county, The evidence submitted by the complainant indicates that on Januaty 14, 2010, you filed a final report covering the period required to be covered by the semiannual report. ‘Therefore, the allegation related to the failure to file a semiannual campaign finance report will not be considered, The third allegation, that you failed to properly disclose certain political expenditures, states an allegation that, if true, constitutes a violation of a rule adopted by or a law administered and enforced by the commission and will be considered. With this notice, J have included a copy of the sworn complaint, the Ethics Commission’s sworn complaint rules, a Statement of Respondent's Rights, and a copy of the relevant statutes of the Election Code. More information about the complaint process is available on the Ethics Commission’s website at www.ethics.state.tr.us. If you have any information relevant to the complaint, please provide it at this time. Your response must be in writing and under oath, We have enclosed an affidavit form that you may wish. to use for your response, Your response must include any challenge you seck to raise to the Bthics ‘Commission's jurisdiction. In addition, in your response you may acknowledge the occurrence or commission of the violation, or deny the allegations and provide evidence supporting that denial. The sworn complaint allegations will be processed as Category One violations. You are required to respond to an allegation of a Category One violation not later than 10 business days from the date you rzceive this notice. Failure to respond will constitute a separate violation for which a separate civil penalty may be ‘issessed. ‘The Inw requires’ the commission to send this swom complaint notice by registered or certified mail, return receipt requested. Future notices and correspondence will be sent by regular mail, unless the commission is notified otherwise, Please note that at this stage in'the process, Ethies Commission members and staff are required by law to keep the complaint and all documents relating to it strictly confidential. However, other persons, including the complainant and respondent named in the complaint, are not bound by this confidentiality requirement. Please call me if you have any questions. Sincerely, Soren A Cgpeg— Susana G. Esparza Assistant General CounselPage 3 of 3 Jurisdiction accepted For the Texas Ethics Commission David A. Reisman Executive Director SGE:me Enclosures: Copy of Swom Complaint Statutes and Rules Concerning Swom Complaints Statement of Respondent’s Rights Affidavit Mark T. MeCaig, CERTIFIED MAUL NO, 7008 3230 0002 6548 6145, 264.10 Sandersgate Lane RETURN RECEIPT REQUESTED Katy, Texas 77494-6527