Ralph Washington Wins Right to Seek Reelection to City Council

Central Mayor Pro-Tem Ralph Washington won a victory in District Court last Tuesday whenJudge Tim Kelley threw out a suit by the Louisiana Board of Ethics to disqualify Washington from the April 5 election ballot. The Board had 24 hours to file an appeal but failed to do so. The Board had alleged that Washington falsely swore that he owed no back due penalties to the Board. But Judge Kelley ruled that the evidence showed Washington acted in good faith and did not intentionally file a false statement.

Washington said he filed his campaign finance report on time via fax in 2010, but the Board said they did not receive it. Ultimately, he was fined $100, which Washington paid at the time but with penalties the sum was increased to $700.

Washington said the Board told him they might waive that sum in 2012. Central City Clerk and justice of the peace Mark Miley confirmed Washington’s statements and testified that Washington came to see him after his visit to the Board in 2012 and told him the Board said to take no action and wait for further word.

Washington said he didn’t hear from the Board again until Friday, Feb. 21 when they filed suit to disqualify him. Washington said he went to the Board of Ethics office that day and paid the $700, but the Board persisted in the suit anyway.

Judge Kelley said he saw no intent to file a false statement and that Washington had done everything he could reasonably be expected to do under the circumstances. The judge dismissed the suit with costs to be paid by the Board of Ethics.

The Board failed to appeal the decision within the time required by law.  So Washington’s name will be on the ballot with the other candidates in the Saturday, April 5, election.

The mayor pro-tem and his supporters were able to breath a sign of relief because an adverse decision would have effectively ended Washington’s political career.

Washington’s presence on the ballot is significant, because he has been one of the top vote-getters since Central became a city.

Ethics Board attorney Jennifer Land presented the case against Ralph Washington in Judge Tim Kelley’s court on the 10th floor of the new Courthouse downtown.  She said Washington had falsely certified that he owed no fines or penalties to the Board of Ethics.

Washington’s attorney, Alex St. Amant, attempted to show that the Board of Ethics had led Washington to believe they were considering waiving the $700 and told him not to pay it until they had made a decision.  Land told the court the notice to Washington was not sent by certified mail.

St. Amant cited La.R.S. 18:463(2)(c)(i), which said that a fine, fee, or penalty is not due unless the Board of Ethics goes into District Court to convert the penalty to a judgment.  St. Amant showed the penalty had never been converted to a judgment and was therefore not due according to state law.

The judge said the state did not have an adjudicated judgment and that Washington had been left with the impression that nothing was due.  The judge asked, “How do you penalize someone who was trying to do the right thing?”