ARKANSAS ETHICS COMMISSION Post Office Box 1917 oe Litle Rock, Arkansas 72203-1917 eh (601) 824-9600 Fax (501) 324-9606 eos Tol Free (800) 422-773 (tke tured toe niein Teresa Heatley a Bena Bem April 20, 2018 Mr. Virgil Samuel Fiori 8215 Mile Tree Drive Port Smith, Arkansas 72903 Re: Case No. 2017-CO-032 Dear Mr. Fiori: On December 1, 2017, the Ethics Commission mailed you a certified letter gontaining a copy of the citizen complaint filed against you individually and in your capacity as trustge of the Fiori Joint Revocable Trust (the “Trust”). That complaint alleged that you individuall"tade a nonmoney contribution in the amount of $1,200.00 to Jim O’Hem on October 15, 2015, that you individually contributed a monetary contribution in the amount of $1,175.00 to Jim O’Hern on November 5, 2015, and that as trustee of the Trust you made a monetary contribution in the amount of $3,875.00 to Jim O’Hem on October 15, 2015. In the December 1* letter, you were notified that an investigation was being commenced regarding the issue of whether or not you violated Ark. Code Ann, § 7-6-203 in connection with the making of the contributions in question. ‘On April 10, 2018, the Commission sent you a letter to notify you that this case had been placed on the agenda for the Commission meeting on April 20, 2018, for consideration of whether or not probable cause exists for the finding of a violation in this case, Please be advised that the results of staff's investigation were presented to the Commission for a determination conceming probable cause at its regular monthly meeting held on today's date. After duly considering both the results of the investigation and the applicable law, the Commission decided, by a vote of 4-0, with Commissioner Younger not present, that the complaint should be DISMISSED. The complaint referenced three (3) contributions: one from the Trust for which you are trustee (10/15/15), one nonmoney contribution from you individually (10/15/15), and one monetary contribution made by you individually (11/5/15). The evidence indicated that while it might have been prohibited for the O’Hem campaign to accept the contribution from the Trust, there is no 501 Woodlane Street, Suite 301N, Lite Rock, Arkansas 72201 Visit Us At Our Web Site wwwarkansasethics.comcorresponding prohibition applicable to the Trust as a contributor, It is noted that the O’Hem campaign has refunded the contributions totaling $3,875 drawn on the Trust's bank account. The evidence further indicated that you individually gave the O”Hern campaign a total of $2,375 in campaign contributions for that election, which is within the contribution limit. Based upon the foregoing, the Commission concluded that there was insufficient evidence to support a finding of probable cause that you committed a violation of Ark. Code Ann. § 7-6-203 in connection with the making of the contributions in question, In accordance with Ark, Code Ann. § 7-6-218(b)(1)(C), this letter serves as notice of the Commission’ final action together with the reason for such action. This letter is « public document and a copy is being sent to the Complainant, Russ Racop, to notify him of the outcome of the proceedings. If you should have any questions or comments regarding this matter, please do not hesitate to contact us. Sincerely, Menara Graham F. Sloan Director Wet ec: Russ RacopARKANSAS ETHICS COMMISSION Post Ottice Box 1917 Latte Rook, Arkansas 72203-1917 ‘eran namoton (601) 324.9600 Fax (501) 324-9806 evel tes Tony Juneau ‘Toll Free (000) 422+ Jill Rogers Barham: ae 5 Sesion ‘mend Boe ic Eastwood or Kein era Keath ma Sonn owe GOPY April 20, 2018 Mrs. Susan Mari Fiori 8215 Mile Tree Drive Fort Smith, Arkansas 72903 Re: Case No, 2017-CO-033 Dear Mrs. Fiori: On December 1, 2017, the Ethies Commission mailed you a certified letter containing a copy of the citizen complaint filed against you individually and in your capacity as truste of the Fiori Joint Revocable Trust (the “Trust”). That complaint alleged that you individually made a monetary contribution in the amount of $2,700.00 to Jim O’Hern on November 5, 2015, and that as trustee of the Trust you made @ monetary contribution in the amount of $3,875.00 to Jim O"Hem on October 15, 2015. In the December 1" letter, you were notified that an investigation was being commenced regarding the issue of whether or not violated Ark, Code Ann. § 7-6-203 individually in relation to a ‘monetary contribution in the amount of $2,700.00 on November 5, 2015, and as trustee of the Trust in relation to a monetary contribution made in the amount of $3,875.00 on October 15, 2015, all made to the Jim OHern Campaign for Judge during the 2016 election cycle. On April 10, 2018, the Commission sent you a letter to notify you that this case had been placed on the agenda for the Commission meeting on April 20, 2018, for consideration of whether or not probable cause exists for the finding of a violation in this case. Please be advised that the results of staff's investigation were presented to the Commission for a determination concerning probable cause at its regular monthly meeting held on today’s date. ‘After duly considering both the results of the investigation and the applicable law, the Commission decided, by a vote of 4-0, with Commissioner Younger not present, that the complaint should be DISMISSED. ‘The evidence indicated that the individual, monetary contribution in the amount of $2,700.00 to the Jim O’Hern Campaign on November 5, 2015, does not violate any campaign finance laws in the State of Arkansas and was a replacement for the contribution from the Trust that was returned to the Trust. Likewise, the evidence indicated that as trustee of the Trust you made a monetary 501 Woodlane Street, Suite 301N, Litle Rock, Arkansas 72201 Visit Us Al Our Web Site wwwarkansasethics.comcontribution in the amount of $2,700, and not $3,875.00 (as originally reported) to Jim O"Hem on October 15, 2015. With respect to the contribution in the amount of $2,700.00 which the Trust made to Jim O’Hern on October 15, 2015, it is noted that while the O’Hern campaign may have been prohibited from accepting the contribution, it was not prohibited for the Trust to make that contribution under then and current Arkansas campaign finance law. In accordance with Ark, Code Ann. § 7-6-218(b)(1XC), this letter serves as notice of the Commission's final action together with the reason for such action. This letters a public document and a copy is being sent to the Complainant, Russ Racop, to notify him of the outcome of the proceedings. If you should have any questions or comments regarding this matter, please do not hesitate to contact us. Sincerely, a 7 Mite Soe a Graham F. Sloan Director Het Russ Racop