94049

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TEXAS ETHICS COMMISSION
IN THE MATTER OF
The 94 Bond Committee,
Ruben Guerra, Treasurer
RESPONDENT

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BEFORE THE
TEXAS ETHICS COMMISSION
SC-94049

ORDER and AGREED RESOLUTION
I. Recitals
The Texas Ethics Commission (“commission”) met on December 9, 1994, to consider sworn complaint SC94049 filed against The 94 Bond Committee, Ruben Guerra, Campaign Treasurer (the “Respondent”). A
quorum of the commission was present. Based on the investigation conducted by commission staff to date,
the commission determined there was credible evidence of a violation of §§ 254.124 and 253.031 of the
Election Code, a law administered and enforced by the commission. To resolve and settle this complaint
without further proceedings, the commission proposes this agreed resolution to the respondent.

II. Facts Supported by Credible Evidence
Credible evidence available to the commission would support the following findings of fact:
1.

Respondent is a specific-purpose political committee formed to support a bond measure scheduled for
an election on May 7, 1994 by the city of El Paso.

2.

An “Amendment: Appointment of a Campaign Treasurer by a Specific-Purpose Committee” form
appointing Ruben Guerra as campaign treasurer was filed with the City of El Paso clerk's office on April
14. The appointment listed Susan Patten as the assistant campaign treasurer.

3.

Susan Patten filed an incomplete “Specific-Purpose Committee Sworn Report of Contributions and
Expenditures” form with the city clerk's office on April 29. This report was designated as the "8th day
before election" report.

4.

Ruben Guerra filed a "Specific-Purpose Committee Report of Contributions, Expenditures, and Loans"
form with the City Clerk's office on July 15. This report was designated as the "July 15" report. This
report recapitulated all previously reported contributions in the April 29 report together with some
previously unreported contributions.

5.

The report filed by Mr. Guerra on July 15 lists contributions that Respondent accepted prior to the filing
the campaign treasurer appointment form that in the aggregate exceeded $500.

6.

In an affidavit filed with the commission on October 7, Ruben Guerra stated that as an early committee
volunteer, he was persuaded to act as campaign treasurer on behalf of Respondent only after he was
assured that all necessary filings had been accomplished. It was only later that he learned that the

ORDER AND AGREED RESOLUTION

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TEXAS ETHICS COMMISSION
SC-94049
campaign treasurer appointment had not been filed timely. He was out of town when the April 29
report was filed and assumed that the filing was properly filed.

III. Conclusions of Law
The facts described in Section II would support the following findings and conclusions of law:
1.

Section 252.015 (Assistant Campaign Treasurer) of the Election Code provides in material part:

(a) Each specific-purpose committee for supporting or opposing a candidate for an office specified by Section
252.005(1) or a statewide or district measure and each general-purpose committee may appoint an assistant
campaign treasurer by written appointment filed with the commission.
2.

Section 254.124 (Additional Reports of Committee for Supporting or Opposing Candidate or Measure)
of the Election Code provides in material part:

(c) The second report shall be filed not later than the eighth day before election day. The report covers the
period beginning the 39th day before election day and continuing through the 10th day before election day.
(d) If a specific-purpose committee supports or opposes a candidate or measure in an election after a reporting
period prescribed by Subsection (b) or (c), the committee's campaign treasurer shall file the first report not
later than the regular deadline for the report covering the period during which the committee becomes
involved in the election. The period covered by the first report begins the day the committee's campaign
treasurer appointment is filed or the first day after the period covered by the committee's last required report,
as applicable.
3.

There is credible evidence that Respondent violated § 254.124 by failing to file the report due April 29
with the city clerk's office. Section 252.015(a) makes it clear that a specific-purpose committee formed to
support a city measure election cannot appoint an assistant campaign treasurer. As such, the report
filed by Susan Patten was not a proper filing and did not relieve the campaign treasurer, Ruben Guerra,
of the responsibility of filing a proper and timely report.

4.

Section 253.031 (Contribution and Expenditure Without Campaign Treasurer Prohibited) of the Election
code provides in material part:

(b) A political committee may not knowingly accept political contributions totaling more than $500 or make
or authorize a political expenditures totaling more than $500 at a time when a campaign treasurer
appointment for the committee is not in effect.
5.

There is credible evidence that Respondent violated § 253.031(b) by accepting contributions that in the
aggregate exceeded $500 prior to the filing of an "Appointment of a Campaign Treasurer by a SpecificPurpose Committee" form with the city clerk's office.

IV. Representations and Agreement by Respondent
By signing this ORDER and AGREED RESOLUTION and returning it to the commission:
1.

Respondent neither admits nor denies the facts detailed under Section II and the commission's findings
and conclusions of law detailed under Section III, and consents to the entry of this ORDER and
AGREED RESOLUTION solely for the purpose of resolving and settling this sworn complaint.

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ORDER AND AGREED RESOLUTION

TEXAS ETHICS COMMISSION
SC-94049
2.
Respondent consents to the entry of this Order before any adversarial evidentiary hearings or argument
before the commission, and before any formal adjudication of law or fact by the commission.
Respondent waives any right to a hearing before the commission or an administrative law judge
appointed by the commission, and further waives any right to a post-hearing procedure established or
provided by law.
3.

Respondent acknowledges that § 252.015 of the Election Code does not allow for an assistant campaign
treasurer for a specific-purpose committee formed to support or oppose a local measure election, and
that the campaign treasurer has the legal duty to file all § 254.124 reports. Respondent also
acknowledges that § 253.031(b) does not allow a specific-purpose committee to accept contributions
exceeding $500 without first appointing a campaign treasurer. Respondent agrees to fully and strictly
comply with these requirements of the law.

4.

Notwithstanding any other provisions of this ORDER and AGREED RESOLUTION, Respondent
understands and agrees that the commission will consider the Respondent to have committed the
violations detailed in Section III if it is necessary to consider a sanction to be assessed in any future
sworn complaint proceedings against the Respondent.

V. Confidentiality
This ORDER and AGREED RESOLUTION describes an alleged violation that the commission has determined
would be neither technical nor de minimis. Accordingly, this ORDER and AGREED RESOLUTION is not
confidential under Texas Government Code § 571.140(b), and may be disclosed by members and staff of the
Texas Ethics Commission.

VI. Sanction
After considering the seriousness of the violation described under Sections II and III, including the nature,
circumstances, consequences, extent, and gravity of the violation; that no previous violations by this
Respondent are known to the commission; and after considering the sanction deemed necessary to deter
future violations, the commission imposes a $150.00 civil penalty on The 94 Bond Committee for the violation
described under Section III.

VII. Order
The Texas Ethics Commission hereby ORDERS:
1.

that this proposed AGREED RESOLUTION be presented to Respondent;

2.

that Respondent may consent to the proposed AGREED RESOLUTION only by having the campaign
treasurer sign an original of this document and mailing the signed original together with payment for
the $150.00 civil penalty to the Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711, no later
than January 13, 1995;

3.

that if Respondent consents to the proposed AGREED RESOLUTION, this ORDER and AGREED
RESOLUTION is a final and complete disposition of SC-94049; and

4.

that the executive director shall promptly refer SC-94049 to an administrative law judge to conduct a
preliminary review hearing on the commission's behalf and to propose findings of fact and conclusions
of law to the commission in accordance with law if Respondent does not agree to the disposition of
SC-94049 as proposed in this ORDER and AGREED RESOLUTION;

ORDER AND AGREED RESOLUTION

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TEXAS ETHICS COMMISSION

SC-94049

AGREED to by Ruben Guerra on _______________________, 1994.

_______________________________________
Ruben Guerra, Respondent

EXECUTED ORIGINAL received by the commission on ____________________, 1994.

_______________________________________
John Steiner, Executive Director
Texas Ethics Commission

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ORDER AND AGREED RESOLUTION



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