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NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O. Box 185 Trenton, New Jersey 08625-0185 NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION, Complainant, v.

CONSENT ORDER AND

MAURICE FITZGIBBONS,

FINAL DECISION C-3 0900 05 01-G2005

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Candidate for Freeholder in Hudson County Respondent.

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The Election Law Enforcement Commission (hereafter, the Commission) having brought a Complaint on June 28, 2006, against Maurice Fitzgibbons, (hereafter, the Respondent Candidate) for failure to file campaign reports in the 2005 general election, as required by the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1, et seq. (hereafter, the Campaign Reporting Act);

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And the Complaint issued by the Commission and described above being incorporated by reference in this Consent Order and Final Decision;

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And the Commission adopting the Proposed Findings of Fact and Proposed Conclusions of Law as to the Respondent Candidate, as set forth in the Complaint as the Findings of Fact and Conclusions of Law in its Final Decision in this matter, after modifying them to reflect that after issuance of the Complaint, the Respondent filed Reports of Contributions and Expenditures (Forms R-1) relevant to the 29-day and 11-day preelection and 20-day postelection report periods for the 2005 general election on December 14, 2006 (429, 412, and 381 days late, respectively), which Forms R-1 report contributions totaling $39,063.56 and expenditures totaling $39,063.56; And which Forms R-1 report that expenditures of $25,979.80 were made on the Respondent’s behalf, and which Forms R-1 further report that the Respondent Candidate received monetary contributions of $13,083.76 and made monetary expenditures of $13,083.76 during the 2005 general election; And the Respondent Candidate being represented in this matter by Rebecca Moll Freed, Esq., consenting to the form and substance of this Consent Order and Final Decision; And the Respondent Candidate having submitted to the Commission for its consideration, a statement relevant to the reporting period for the 2005 general election that he did not receive notice that expenditures, totaling $25,979.80, had been made on his behalf until after the 2005 general election;


ELEC v. Fitzgibbons, C-3 0900 05 01-G2005 Page 2

And the Commission considering that the Respondent Candidate did not receive notice of the expenditures made on his behalf until after the 2005 general election; And the Commission further considering other penalty factors, including aggravating and mitigating circumstances, pursuant to N.J.A.C. 19:25-17.3C;

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The Commission therefore, pursuant to N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., REPRIMANDS the Respondent and imposes a penalty upon the Respondent in the amount of TWO THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS ($2,625.00), and the Commission having received an initial payment of $420.00 on February 27, 2009, prior to Final Decision action, and in anticipation of receiving timely payment of the balance, hereby reduces the penalty of $2,625.00 to TWO THOUSAND ONE HUNDRED DOLLARS ($2,100.00) pursuant to N.J.A.C. 19:25-17.3C(e);

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The Respondent agrees to pay the ONE THOUSAND SIX HUNDRED EIGHTY DOLLAR ($1,680.00) balance of the penalty, in full by check or money order made payable to “Treasurer, State of New Jersey,” on or before April 15, 2010, in four (4) equal payments of $420.00, each to be received by the Commission as follows: on or before July 15, 2009, on or before October 15, 2009, on or before January 15, 2010, and on or before April 15, 2010.

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The Respondent Candidate further agrees that if any one of the payments described above is not received by the Commission within three (3) business days of the due date specified herein, the reduction of the penalty to $2,100.00 for partial payment prior to Final Decision action will lapse, and the entire $2,205.00 unpaid balance of the $2,625.00 penalty amount shall be due and owing.

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The Respondent hereby enters into this Consent Order, which if authorized and executed by the Election Law Enforcement Commission, will be the Final Decision in this case. RESPONDENT CANDIDATE’S CONSENT TO SETTLE ON BEHALF OF MAURICE FITZGIBBONS: On behalf of the Respondent Candidate, the undersigned hereby consents to the form and substance of the Findings of Fact, Conclusions of Law, and the penalty as set forth in this Consent Order, and therefore to entry of this Consent Order as the Final Decision in ELEC v. Maurice Fitzgibbons, C-3 0900 05 01-G2005. However, should the Commission decline to adopt and execute this Consent Order, the Respondent retains his right to a hearing pursuant to the “Administrative Procedure Act,” N.J.S.A. 52:14B-1 et seq., and the payment of $420.00 will be refunded.

DATED:_______________________

BY: __________________________ Rebecca Moll Freed, Esq. On behalf of Maurice Fitzgibbons


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CONSENT OF COMMISSION'S PROSECUTION STAFF: The Commission having received payment of $420.00 in ELEC v. Maurice Fitzgibbons, C-3 0900 05 01-G2005 as set forth in this Consent Order, the undersigned hereby consents to the submission of this Consent Order to the Commission for the Commission's Final Decision consideration. In the event that the Commission does not adopt and execute this Consent Order as its Final Decision, I hereby acknowledge that the Respondent retains his right to a hearing pursuant to the “Administrative Procedure Act,” N.J.S.A. 52:14B-1 et seq., and the payment in the amount of $420.00 will be refunded.

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NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION

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COMMISSION'S FINAL DECISION:

BY:_________________________ Amanda S. Haines, Esq. Assistant Legal Director

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DATED:_________________________

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The New Jersey Election Law Enforcement Commission, by a vote of ___4-0__, at its meeting of ___May 19, 2009______________, consented to and adopted the Findings of Fact, Conclusions of Law, and $2,625.00 total penalty set forth in this Consent Order as its Final Decision in ELEC v. Maurice Fitzgibbons, C-3 0900 05 01-G2005, and acknowledges receipt of payment of $420.00 toward the reduced penalty amount of $2,100.00. The entire unpaid balance of the $2,625.00 total penalty amount shall be due if any one of the payments described above is not received by the Commission within three (3) business days of the due date specified herein.

Date of Mailing: May 27, 2009

NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION

BY:_________s /_____________ Jerry Fitzgerald English Chair

http://hoboken411.com/wp-content/uploads/2009/08/fitzgibbons-cofd-for-release  

http://hoboken411.com/wp-content/uploads/2009/08/fitzgibbons-cofd-for-release.pdf

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