Letter of reprimand — original pdf

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City of Austin Ethics Review Commission LETTER OF REPRIMAND TO: RE: A. Jo Baylor, Our Mobility Our Future PAC, through their attorney of record, Roger Borgelt FROM: City of Austin Ethics Review Commission DATE: December 4, 2020 Determination of Sanctions under City Code, Sections 2-7-47 and 2-7-48 ______ In accordance with Chapter 2-7 of the Austin City Code, this letter is to advise you that the City of Austin Ethics Review Commission (the “Commission”) has completed its consideration of the complaint filed on October 7, 2020 against A. Jo Baylor, Our Mobility Our Future PAC. The complaint alleged that A. Jo Baylor, Our Mobility Our Future PAC violated City Code Chapter 2-2 (Campaign Finance), more specifically (1) on September 25, 2020, a violation of City Code Section 2-2-32 (Reporting of Direct Campaign Expenditures) by failure to report a campaign expenditure regarding a $650 advertising expense paid to PinPoint Action LLC; (2) on September 25, 2020, a violation of City Code Section 2-2-32 by failure to report a campaign expenditure regarding a $4,400 advertising expense paid to Peel Inc.; (3) on or about September 26, 2020, a violation City Code Section 2-2-32 (Reporting of Direct Campaign Expenditures) by failing to include a disclosure statement with the names of its five largest contributors in an automated phone call to voters; and (4) on September 27, 2020, a violation City Code Section 2-2-32 by failing to include a disclosure statement with the names of its five largest contributors on a paid website https://ourmobilityourfuture.com. Based on admissions of the Respondent by affidavit and during the preliminary hearing on the above-described complaint, the Commission determined that A. Jo Baylor, Our Mobility Our Future PAC violated City Code Chapter 2-2 as alleged in the complaint, and the appropriate sanction is this letter of reprimand. City Code Section 2-7-48(C)(3) states in part: “A reprimand is the appropriate sanction when the commission finds that a violation has been committed intentionally or through disregard of this chapter.” City Code Section 2-7-49 (Campaign Violations) provides that the Commission may draft and publish a letter of reprimand, among other sanctions, and shall apply the criteria in Section 2-7-48 to determine the appropriate sanction to impose for a violation of Chapter 2-2 (Campaign Finance). City Code Section 2-2-32 addresses the requirements for reporting of direct campaign expenditures. City Code Section 2-2-33 addresses the requirements for disclosure of the five largest contributors in certain political advertisements, electioneering communications, or express advocacy. Based on the admissions of A. Jo Baylor by affidavit and of the representative and attorney of record for Our Mobility Our Future PAC during the preliminary hearing and the Commission’s above-described determinations, the Commission issues this letter of City of Austin Ethics Review Commission reprimand to A. Jo Baylor, Our Mobility Our Future PAC, as the appropriate sanction for violation of City Code Sections 2-2-32 and 2-2-33. This action is effective as of the 18th day of November, 2020. ____________________________________________________ Luis Soberon Chair and Preliminary Hearing Presiding Officer Ethics Review Commission