NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION

P.O. Box 185

Trenton, New Jersey 08625-0185

NEW JERSEY ELECTION LAW COMPLAINT AND NOTICE OF

ENFORCEMENT COMMISSION,
OPPORTUNITY FOR A HEARING
Complainant,

v.

MICHAEL O’HAGAN
C- E 0222 02 02-G2016
and
WILLIAM LEONARD, JR., C-9 0222 04 02-G2016
Candidates for Municipal Office,
C-9 0222 03 02-G2016
Glen Rock Borough,
Bergen County,

and

BELLA FELLIG,
Campaign Treasurer,

Respondents.

PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission
(Commission) hereby files a Complaint against Michael O’Hagan and William Leonard,
Jr. (Respondent Candidates) and Bella Fellig (Respondent Treasurer) (collectively,
Respondents) and offers Respondents the opportunity for a hearing pursuant to the
Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., to determine whether
Respondents failed to comply with the New Jersey Campaign Contributions and
Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq. (Campaign Act) and N.J.A.C.
19:25-1 et seq., (Commission Regulations), and whether penalties provided by the
Campaign Act should be imposed.

The Commission by way of Complaint alleges:

 COUNT ONE
PROPOSED FINDINGS OF FACT:
1. Respondent Candidates were candidates in Glen Rock Borough, Bergen County, in the
2016 general election held on November 8, 2016 (general election).
2. Respondent Candidates’ first transaction for the election was a $304.85 expenditure to
Eileen Hillock for promotional t-shirts, incurred on July 3, 2016.
3. On October 18, 2016, Respondent Candidates filed with the Commission a Joint
Candidates Committee – Certificate of Organization and Designation of Campaign
Treasury and Depository (Form D-2), reporting the establishment of a joint candidates
committee (JCC), “Glen Rock Republican Campaign Committee,” and designating Bella
Fellig as treasurer. All Respondents certified the Form D-2.

PROPOSED CONCLUSIONS OF LAW:

4. At all times relevant to this Complaint, Respondents O’Hagan and Leonard` were
candidates, as the term is defined by N.J.S.A. 19:44A-3c, for council in the general election
and were therefore subject to the requirements of the Campaign Act and Commission
Regulations.
5. Pursuant to N.J.S.A. 19:44A-9 and N.J.A.C. 19:25-4.2, Respondent Candidates were
required to file Form D-2 no later than ten days after making the first contribution or
incurring the first expenditure. Respondents were required to file Form D-2 by July 13,
2016.
6. Respondent Candidates violated N.J.S.A. 19:44A-9 and N.J.A.C. 19:25-4.2 by filing Form
D-2 on October 18, 2016 (97 days late).
7. Respondent Candidates are each subject to imposition of the penalties prescribed by
N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which may not be more than
$7,600.00 for each transaction which has not been reported in the manner or in the time
prescribed by the Campaign Act or Commission Regulations.

COUNT TWO
PROPOSED FINDINGS OF FACT:

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8. The Proposed Findings of Fact contained in Count One are repeated and incorporated
herein.
9. On October 18, 2016 Respondents filed a Report of Contributions and Expenditures (Form
R-1), reporting contributions received and expenditures made from June 25, 2016 through
October 7, 2016 (29-day period) for the 2016 general election (29-day report). Respondents
failed to report the following information:
a. Occupation and employer information for eight contributions totaling $3,100.00;
and the occupation for one $750.00 contribution;
b. Payee addresses for nine expenditures totaling $4,330.33, and for one $200.00
expenditure incurred on October 11, 2016 (after the close of the 29-day period).
10. On December 27, 2016 Respondents filed an amended Form R-1 (first amended 29-day
report), reporting the following:
a. Employer information for six of the nine contributions, totaling $1,100.00;
b. Occupation information for all contributions, totaling $3,850.00; and
c. Payee addresses for the ten expenditures.
11. On May 26, 2017 Respondents filed a second amended Form R-1 (second amended 29-
day report), reporting the correct amount disbursed for two expenditures, totaling $127.68.
12. Respondents failed to report the employer information for two contributions from the same
contributor totaling $2,000.00.

PROPOSED CONCLUSIONS OF LAW:

13. The Proposed Conclusions of Law contained in Count One are repeated and incorporated
herein.
14. At all times relevant to this Complaint, Respondent Fellig was the campaign treasurer for
the JCC for the general election and was therefore subject to the requirements of the
Campaign Act and Commission Regulations.
15. Pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, Respondents were required to file
the 29-day report on October 11, 2016.
16. Pursuant to N.J.A.C. 19:25-10.2, for each contribution exceeding $300.00 and all currency
contributions, Respondents were required to report the (1) date of receipt; (2) contribution
amount; (3) contributor’s name; and (4) contributor’s address. Where the contributor was

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 an individual, N.J.A.C. 19:25-10.2A required Respondents to report (5) his or her
occupation, and (6) the name and address of his or her employer.
17. Pursuant to N.J.A.C. 19:25-12.2, for each expenditure made, Respondents were required
to report the (1) date expenditure was made; (2) full name and address of payee; (3)
purpose; (4) amount; and (5) check number.
18. Respondents violated N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.2 and 19:25-10.2 by reporting
occupation and/or employer information for nine contributions totaling $3,850 as follows:
occupation and employer for six contributions totaling $1,100 and occupation for two
contributions totaling $2000 (paragraph 9a) and employer information for one contribution
totaling $750 (paragraph 9b) on December 27, 2016 (77 days late). Respondents continue
to violate N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.2 and 19:25-10.2 by failing to report
employer information for those two contributions.
19. Respondents violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-12.2 by reporting payee
information for nine expenditures totaling $4,330.33 on December 27, 2016 (77 days late)
and the payee address for one $200.00 expenditure, incurred after the close of the 29-day
report period, on December 27, 2016 (60 days late).
20. Respondents are each subject to imposition by the Commission of the penalties prescribed
by N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which may not be more than
$7,600.00 for each transaction which has not been reported in the manner or in the time
prescribed by the Campaign Act or Commission Regulations.

COUNT THREE
PROPOSED FINDINGS OF FACT:
21. The Proposed Findings of Fact contained in Counts One and Two are repeated and
incorporated herein.
22. On November 1, 2016, Respondents filed a Form R-1 (11-day report), reporting the
following contributions received and expenditures made from October 8, 2016 through
October 25, 2016 (11-day general reporting period):
a. One contribution of $500.00. Respondents failed to report the occupation and
employer information.

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 b. Three expenditures totaling $2,209.48. Respondents failed to report payee
addresses.
23. On December 27, 2016 Respondents reported the following on an amended 11-day general
report:
a. Occupation and employer information for the $500.00 contribution.
b. Payee address for all three expenditures.

PROPOSED CONCLUSIONS OF LAW:

24. The Proposed Conclusions of Law contained in Counts One and Two are repeated and
incorporated herein.
25. Respondents were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, to
report all contributions received and expenditures made during the 11-day general
reporting period on October 28, 2016.
26. Pursuant to N.J.A.C. 19:25-10.2, for each contribution exceeding $300.00, Respondents
were required to report the (1) date of receipt; (2) contribution amount; (3) contributor’s
name; and (4) contributor’s address. Where the contributor was an individual, N.J.A.C.
19:25-10.2A required Respondents to report (5) his or her occupation, and (6) the name
and address of his or her employer.
27. Pursuant to N.J.A.C. 19:25-12.2, for each expenditure made, Respondents were required
to report the (1) date expenditure was made; (2) full name and address of payee; (3)
purpose; (4) amount; and (5) check number.
28. Respondents violated N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.2 and 19:25-10.2 by reporting
occupation and employer information for a $500.00 contribution on December 27, 2016
(60 days late).
29. Respondents violated N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.2 and N.J.A.C. 19:25-12.2 by
reporting payee addresses for two expenditures, totaling $2,071.98, on December 27, 2016
(60 days late). Respondents further violated and continue to violate by failing to report the
payee address for one expenditure in the amount of $137.50.
30. Respondents are each subject to imposition by the Commission of the penalties prescribed
by N.J.S.A. 19:44-22 and N.J.A.C. 19:25-17.1 et seq., which may not be more than

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 $7,600.00 for each transaction which has not been reported in the manner or in the time
prescribed by the Campaign Act or Commission Regulations.

COUNT FOUR
PROPOSED FINDINGS OF FACT:
31. The Proposed Findings of Fact contained in Counts One through Three are repeated and
incorporated herein.
32. On December 6, 2016, Respondents filed a Form R-1 (20-day report), reporting
contributions received and expenditures made from October 26, 2016 through November
25, 2016 (20-day period).
33. On December 27, 2016, Respondents filed an amended 20-day report, reporting the payee
address for the $16.10 expenditure.
34. Respondents failed to file a final report for the general election.
35. Respondents report a remaining balance of $2,800.14 on the 20-day report.
36. Upon information and belief, Respondents were not candidates in the 2017 primary
election.
37. On May 16, 2017, a new JCC, also called “Glen Rock Campaign Committee,” was
established for the 2017 primary election (new JCC). The JCC for the 2017 primary also
has two members; neither of whom is a Respondent in this matter. The new JCC filed a
Form D-2 reporting the same bank account and number as Respondents.
38. The new JCC reported the amount of $3,266.40 as a balance transferred from a prior
campaign on their 29-day report. Upon information and belief, the $3,266.40 is an
expenditure from Respondents’ JCC to the new JCC.

PROPOSED CONCLUSIONS OF LAW:

39. The Proposed Conclusions of Law contained in Counts One through Three are repeated
and incorporated herein.
40. Pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, Respondents were required to file
a 20-day report on November 28, 2016, reporting all contributions received and
expenditures made during the 20-day reporting period.

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41. Pursuant to N.J.A.C. 19:25-12.2, for each expenditure made, Respondents were required
to report the (1) date expenditure was made; (2) full name and address of payee; (3)
purpose; (4) amount; and (5) check number.
42. Pursuant to N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.1, 19:25-8.2 and 19:25-8.7,
Respondents were required to certify on the 20-day report that there is no remaining
balance in any depository opened or maintained in the election, that there are no remaining
outstanding obligations, and that the candidate committee has been dissolved, or to
continue to file quarterly reports until a final report is filed.
43. Respondents violated N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.2 and 12.2 by failing to report
the $3,266.40 expenditure (contribution to the new JCC).
44. Respondents violated N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.2 and N.J.A.C. 19:25-12.2 by
reporting the payee address for one expenditure in the amount of $16.10 on December 27,
2019 (29 days late).
45. Respondents violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.7 by failing to certify their
20-day report as a final report.
46. If Respondents’ 20-day report is not the final report for the election, Respondents violated
N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.1, 19:25-8.3 and 19:25-8.7 by failing to file
postelection quarterly reports and by failing to file a final report for the election.
47. Respondents are each subject to imposition by the Commission of the penalties prescribed
by N.J.S.A. 19:44-22 and N.J.A.C. 19:25-17.1 et seq., which may not be more than
$7,600.00 for each transaction which has not been reported in the manner or in the time
prescribed by the Campaign Act or Commission Regulations.

OPPORTUNITY FOR HEARING:

Pursuant to N.J.A.C. 19:25-17.1, Respondents shall have the opportunity for a hearing
pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et
seq., and N.J.A.C. 1:1. Respondents may appear personally or by attorney. However, if
Respondents fail to file a written answer with the Commission within 20 days after service
of the Complaint, the Commission may enter a Final Decision including imposition of a
monetary penalty, pursuant to N.J.A.C. 19:25-17.1A.

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 NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION

BY: ________________________
Nichole E. DeFazio, Esq.
Assistant Legal Counsel
DATE: December 26, 2019

Michael O’Hagan, Candidate

CERTIFIED MAIL NO.: 7009 3410 0001 8441 2013
RETURN RECEIPT REQUESTED

William Leonard, Jr., Candidate

CERTIFIED MAIL NO.: 7009 3410 0001 8441 2020
RETURN RECEIPT REQUESTED

Bella Fellig, Treasurer

CERTIFIED MAIL NO.: 7009 3410 0001 8441 2037
RETURN RECEIPT REQUESTED