NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION. P.O.Box 185 Trenton, New Jersey ELECTION

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1 NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O.Box 185 Trenton, New Jersey NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION, Complainant, COMPLAINT AND NOTICE OF OPPORTUNITY FOR A HEARING FOR THE RECEIPT OF A CONTRIBUTION IN EXCESS OF THE CONTRIBUTION LIMIT IN WEEHAWKEN & YOU ACTION COMMITTEE, a continuing political committee, and CALENDAR YEAR 2006 AND THE MAKING OF A CONTRIBUTION IN EXCESS OF THE CONTRIBUTION LIMIT IN THE 2007 RUNOFF ELECTION James V. Marchetti, Jr., organizational treasurer, Respondents. C - M Q2006 and Q2007 PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter, the Commission) hereby files a complaint against the Weehawken & You Action Committee, a continuing political committee (hereafter, the Respondent Committee) and James V. Marchetti, Jr., (hereafter, the Respondent Organizational Treasurer) and offers the Respondent Committee and the Respondent Organizational Treasurer an opportunity for a hearing pursuant to the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq., to determine whether or not the Respondent Committee and Respondent Organizational Treasurer had the responsibility under the terms of "The New Jersey Campaign Contributions and Expenditures Reporting Act," N.J.S.A. 19:44A-1, et seq. (hereafter, the Act) for the filing of reports or information required to be filed pursuant to the Act and Commission regulations, N.J.A.C. 19:25-1, et seq., and to determine whether or not the Respondent Committee and Respondent Organizational Treasurer failed, neglected or omitted to file any such report or information at the time and in the manner prescribed by law, or otherwise violated the provisions ofthe Act and Commission regulations, and are therefore subject to penalties provided by the Act. The hearing will be conducted under the legal authority and jurisdiction conferred upon the Commission to impose penalties for violations ofthe Act, specifically Sections 6(b) and 22. The Commission by way ofcomplaint alleges:

2 ELEC v. Weehawken & You Action Committee and Marchetti, Jr. C-M Q2006 and Q2007 Page 2 COUNT ONE PROPOSED FINDINGS OF FACT: 1. "Weehawken & You Action Committee" filed reports with the Commission as a continuing political committee in calendar years 2006 and Hereafter in this Complaint, "Weehawken & You Action Committee" shall be referred to as the Respondent Committee. 2. On January 13, 2003, the Respondent Committee filed with the Commission an amendment to its Continuing Political Committee - Registration Statement and Designation of Organizational Depository (Form D-4) which reported that the Respondent Committee designated James V. Marchetti, Jr. as its organizational treasurer and that an organizational depository called "Weehawken and You Action Committee" had been established at Trust Co. of NJ, 4714 Park Ave., Weehawken, New Jersey (hereafter, organizational depository account). The Form D-4 bears the apparent signature of James V. Marchetti, Jr. Hereafter in this Complaint, James V. Marchetti, Jr. shall be referred to as the Respondent Organizational Treasurer. 3. The Respondent Committee and the Respondent Organizational Treasurer received and deposited contributions into and made expenditures from the organizational depository account described in paragraph two, above, during calendar years 2006 and The Respondent Committee and Respondent Organizational Treasurer filed with the Commission on October 16, 2006, a "Receipts and Expenditures Quarterly Report"(Form R-3), which was certified as correct by the Respondent Organizational Treasurer, and designated as the 2006 third quarterly report (hereafter, the 2006 third quarterly report), reporting contributions received and expenditures made for the period of time beginning with the receipt of the first contribution or the making or incurring of the first expenditure on July 1, 2006 and ending with the last transaction on September 30,2006 (hereafter, the 2006 third quarterly report period). 5. The Respondent Committee and the Respondent Organizational Treasurer reported on Schedule D "Itemized Receipts (Other than Loans)," ofthe 2006 third quarterly report, described in paragraph four, above, contribution information for the receipt of a contribution of $8, from "Weehawken & You 2006 ReElection Fund" on September 14, The Respondent Committee and Respondent Organizational Treasurer filed with the Commission on January 17, 2007, a "Receipts and Expenditures Quarterly Report" (Form R-3), which was certified as correct by the Respondent Organizational Treasurer, and designated as the 2006 fourth quarterly report (hereafter, the 2006 fourth quarterly report), reporting contributions received and expenditures made for the period oftime beginning with the receipt of the first contribution or the making or incurring of the first expenditure on October 1, 2006 and ending with the last transaction on December 31,2006 (hereafter, the 2006 fourth quarterly report period). 7. The Respondent Committee and Respondent Organizational Treasurer reported on Schedule D "Itemized Receipts (Other than Loans)," ofthe 2006 fourth quarterly report, described in paragraph six, above, contribution

3 ELEC v. Weehawken & You Action Committee and Marchetti, Jr. C-M Q2006 and Q2007 Page 3 information for the receiptof a contribution of 560, from "Weehawken & You 2006 ReElection Fund" on November 6, Upon information and belief, "Weehawken & You 2006 ReElection Fund" was a joint candidates committee consisting of five candidates for municipal office in Weehawken Township, Hudson County in the 2006 municipal election. 9. The Respondent Committee and Respondent Organizational Treasurer received and deposited into the organizational depository a total of $68, in monetary contributions from "Weehawken & You ReElection Fund" in calendar year 2006, as described in paragraphs five and seven of the Proposed Findings of Fact in this Count, above, which exceeded by $32, the $36, amount permitted to be received from a joint candidate committee consisting of five candidates in calendar year The Respondent Committee and Respondent Organizational Treasurer did not refund any amount of the $32, contribution in excess of the limit from "Weehawken & You ReElection Fund" within 48-hours ofreceipt ofthe contribution. 10. The Respondent Committee and Respondent Organizational Treasurer filed with the Commission on January 14, 2008, a "Receipts and Expenditures Quarterly Report" (Form R-3), which was certified as correct by the Respondent Organizational Treasurer, and designated as the 2007 fourth quarterly report (hereafter, the 2007 fourth quarterly report), reporting contributions received and expenditures made for the period of time beginning with the receipt of the first contribution or the making or incurring of the first expenditure on October 1, 2007 and ending with the last transaction on December 31, 2007 (hereafter, the 2007 fourth quarterly report period). 11. The Respondent Committee and Respondent Organizational Treasurer reported on "Adjustment Schedule Refund of Excessive Contributions," of the 2007 fourth quarterly report, described in paragraph ten, above, information for the refund of $36, to "Weehawken & You 2006 ReElection Fund" on December 5, PROPOSED CONCLUSIONS OF LAW: 1. The Respondent Committee, Weehawken & You Action Committee, was at all times relevant to this Complaint, that is in calendar year 2006 and calendar year 2007, a continuing political committee, as the term "continuing political committee" is defined at N.J.S.A. 19:44A-3n, and therefore was subject to the requirements ofthe Act, N.J.S.A. 19:44A-1 etseq., and Commission Regulations, N.J.A.C. 19:25-1 et seq. 2. The Respondent Organizational Treasurer, James V. Marchetti, Jr., was a person who acted in the capacity of organizational treasurer and undertook activity on behalf of the Respondent Committee relevant to calendar years 2006 and The Respondent Organizational Treasurer was therefore at all times relevant to this Complaint the organizational treasurer for the Respondent Committee and therefore was subject to the requirements ofthe Act and Commission Regulations.

4 ELEC v. Weehawken & You Action Committee and Marchetti, Jr. C-M Q2006 and Q2007 Page 4 3. The Respondent Committee and Respondent Organizational Treasurer were at all times relevant to this Complaint subject to the provisions of N.J.S.A. 19:44A-11.5 and N.J.A.C. 19: A and 19: , which statutes and regulations prohibited the Respondent Committee and Respondent Organizational Treasurer from knowingly accepting any contribution of money from a joint candidates committee consisting of five candidates, which either alone or when aggregated with prior contributions received from that joint candidates committee from January 1,2006 through December 31, 2006, exceeded the contribution limitof$7, per candidate, or S for a joint candidates committee consisting of five candidates, relevant to calendaryear The Respondent Committee and Respondent Organizational Treasurer violated N.J.S.A. 19:44A-11.5 and N.J.A.C. 19: A and 19: by knowingly accepting contributions, totaling $68,000.00, from the joint candidates committee, "Weehawken & You 2006 ReElection Fund," as described in paragraphs five and seven of the Proposed Findings of Fact in this Count, above, and knowingly depositing or causing to be deposited these contributions into the organizational depository during the 2006 third and 2006 fourth quarterly report periods. The contributions from "Weehawken & You 2006 ReElection Fund," totaling $68,000.00, exceeded by $32, the $7, contribution limit per candidate, per calendar year or $36, the Respondent Committee and Respondent Organizational Treasurer were permitted to accept from a joint candidates committee consisting of five candidates in calendar year 2006, pursuant to N.J.S.A. 19:44A-11.5 and N.J.A.C. 19: A and 19: The Respondent Committee and the Respondent Organizational Treasurer violated N.J.A.C. 19: , by failing to refund or return to "Weehawken & You 2006 ReElection Fund," within 48 hours of receipt, the amount of $32,000.00, which represents the difference between the $68, contribution amount from this contributor retained by the Respondent Committee and Respondent Organizational Treasurer, and the $36, contribution limit the Respondent Committee and Respondent Organizational Treasurer were permitted to accept from a joint candidates committee consisting offive candidates, pursuant to N.J.S.A. 19:44A The Respondent Committee and Respondent Organizational Treasurer are each subject to imposition by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22e and N.J.A.C. 19: et seq., which penalty may be not more than $150, for willfully and intentionally accepting, retaining, and not returning or refunding within-48 hours of receipt, the $32, amount of the $68, total contribution amount from "Weehawken & You 2006 ReElection Fund," which exceeded the $7, per candidate, per calendar year contribution limit in effect during 2006.

5 ELEC v. Weehawken & You Action Committee and Marchetti, Jr. C-M Q2006 and Q2007 Page 5 COUNT TWO PROPOSED FINDINGS OF FACT: 1. The Proposed Findings offact contained in Count One ofthis Complaint are repeated and incorporated herein as ifset forth in full below. 2. The Respondent Committee and Respondent Organizational Treasurer filed with the Commission on July 11, 2007, a "Receipts and Expenditures Quarterly Report" (Form R-3), which was certified as correctby the Respondent Organizational Treasurer, and designated as the 2007 second quarterly report (hereafter, the 2007 second quarterly report), reporting contributions received and expenditures made for the period of time beginning with the receipt of the first contribution or the making or incurring of the first expenditure on April 1, 2007 and ending with the last transaction on June 30, 2007 (hereafter, the 2007 second quarterly report period). 3. The Respondent Committee and RespondentOrganizational Treasurer reported on Schedule D "Itemized Monetary Contributions Made to Candidates and Committees," of the 2007 second quarterly report, described in paragraph two in this count, above, expenditure information for the making of three expenditures totaling $9, as monetary contributions to "Friends to Re-Elect Chris Campos," which exceeded by $1, the $8, contribution amount permissible from a continuing political committee to a single candidate committee in an election as follows: a. A contribution of$2,500.00, via check number 1042, dated May 18, 2007; b. A contribution of$2,500.00, via check number 1046, dated May 23, 2007; and, c. A contribution of$4,900.00, via check number 1057, dated June 12, Upon information and belief, at least as of May 18, 2007, "Friends to Re-Elect Chris Campos" was a single candidate committee consisting of one candidate for municipal office in the City of Hoboken, Hudson County, in the 2007 run-offelection held on June 12,2007. PROPOSED CONCLUSIONS OF LAW: 1. The Proposed Conclusionsof Law contained Count One of this Complaint are repeated and incorporated herein as ifset forth in full below. 2. The Respondent Committee was at all times relevant to Count Two of this Complaint, that is in the second quarter of calendar year 2007, a continuing political committee, and was therefore subject to the requirements ofthe Act and Commission Regulations. 3. The Respondent Organizational Treasurer, James V. Marchetti, Jr., was designated as and acted in the capacity of organizational treasurer for the Respondent Committee during the 2007 second quarterly report period, and therefore was subject to the reporting requirements ofthe Act and Commission Regulations.

6 ELEC v. Weehawken & You Action Committee and Marchetti, Jr. C-M Q2006 and Q2007 Page 6 4. The Respondent Committee and Respondent Organizational Treasurer were at all times relevant to this Complaint subject to the provisions of N.J.S.A. 19:44A-11.3 and N.J.A.C. 19: , which statutes and regulations prohibited the Respondent Committee and Respondent Organizational Treasurer from making any contribution of money to a single candidate committee, which either alone or when aggregated with prior contributions made to that candidate committee in the 2007 run-off election, exceeded the contribution limit of S8, from a continuing political committee to a single candidate committee in an election. 5. The Respondent Committee and Respondent Organizational Treasurer violated N.J.S.A. 19:44A-11.3 and N.J.A.C. 19: by making three contributions to "Friends to Re-Elect Chris Campos" during the 2007 run-offelection, totaling $9,900.00, as described in paragraph three ofthe Proposed Findings offact in Count Two, above. The contributions to "Friends to Re-Elect Chris Campos," in the amount of$9,900.00, exceeded by $1, the $8, contribution limit per election the Respondent Committee and Respondent Organizational Treasurer were permitted to make to a single candidate committee pursuant to N.J.S.A. 19:44A- 11.3andN.J.A.C. 19: The Respondent Committee and Respondent Organizational Treasurer are each subject to imposition by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22e and N.J.A.C. 19: et seq., which penalty may be not more than $10, for willfully and intentionally making the $1, amount of the $9, total contribution amount to "Friends to Re-Elect Chris Campos," which exceeded the $8, per election contribution limit in effect during the 2007 run-off election. OPPORTUNITY FOR HEARING: The Respondents and all parties shall have the opportunity to appear personally or by attorney at a hearing pursuant to the "Administrative Procedure Act," N.J.S.A. 52M4B-1 et seq., and to present evidence and argument on all relevant issues. All parties shall have the opportunity to examine and cross-examine witnesses. However, failure ofthe Respondents to file with the Commission a written answer within twenty (20) days after service of this Complaint shall constitute a default and thereupon the Commission may enter a Final Decision, including a penalty. NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION BY: CAROL L. HOEKJE Legal Director DATE: December 28, 2011

7 ELEC v. Weehawken & You Action Committee and Marchetti, Jr. C-M Q2006 and Q2007 Page 7 Weehawken & You Action Committee Edward Keating, Chair CERTIFIED MAIL NO James V. Marchetti, Jr., Organizational Treasurer Weehawken & You Action Committee CERTIFIED MAIL NO

8 NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O. Box 185 Trenton, New Jersey NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION, Complainant, v. RICHARD TURNER and ROBERT ZUCCONI and ROSEMARY J. LAVAGNINO and CARMELA SILVESTRI-EHRET and ROBERT J. SOSA, Candidates for Municipal Office, Weehawken Township, Hudson County and JAMES V. MARCHETTI, Jr., Campaign Treasurer, COMPLAINT AND NOTICE OF OPPORTUNITY FOR A HEARING FOR MAKING CONTRIBUTIONS TO A CONTINUING POLITICAL COMMITTEE IN EXCESS OF THE CONTRIBUTION LIMIT IN CALENDAR YEAR 2006 C M2006 C M2006 C M2006 C M2006 C M2006 Respondents. PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter, the Commission) hereby files a complaint against Richard Turner, Robert Zucconi, Rosemary J. Lavagnino, Carmela Silvestri-Ehret, and Robert J. Sosa, (hereafter, the Respondent Candidates), and James V. Marchetti, Jr., (hereafter, the Respondent Treasurer), and offers the Respondent Candidates and the Respondent Treasurer an opportunity for a hearing pursuant to the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq., to determine whether or not the Respondent Candidates and the Respondent Treasurer had the responsibility under the terms of "The New Jersey Campaign Contributions and Expenditures Reporting Act," N.J.S.A. 19:44A-1, et seq. (hereafter, the Act) for the filing ofcampaign reports or information required to be filed pursuant to the Act, and to determine whether or not the Respondent Candidates and the Respondent Treasurer failed, neglected or omitted to file any such report or information at the time and in the manner prescribed by law, or in any other way violated the provisions of the Act, and are therefore subject to penalties provided by the Act. The hearing will be conducted under the legal authority and jurisdiction conferred upon the Commission to impose penalties for violations of the Act, specifically Sections 6(b) and 22. The Commission by way of Complaint alleges:

9 ELEC v. Turner, Zucconi, Lavagnino, Silvestri-Ehret, Sosa and Marchetti, Jr. C M2006, C M2006, C M2006, C M2006, C M2006 Page 2 FIRST COUNT PROPOSED FINDINGS OF FACT: 1. Richard Turner, Robert Zucconi, Rosemary J. Lavagnino, Carmela Silvestri-Ehret, and Robert J. Sosa sought election to municipal office in Weehawken Township, Hudson County, in the 2006 municipal election, held on May 9, Hereafter in this Complaint, Richard Turner shall be referred to as Respondent Candidate Turner, Robert Zucconi shall be referred to as Respondent Candidate Zucconi, Rosemary J. Lavagnino shall be referred to as Respondent Candidate Lavagnino, Carmela Silvestri-Ehret shall be referred to as Respondent Candidate Silvestri-Ehret, and Robert J. Sosa shall be referred to as Respondent Candidate Sosa. The five candidates shall collectively be called the Respondent Candidates. 2. Respondent Candidates Turner, Lavagnino, Silvestri-Ehret and Sosa filed with the Commission on June 11, 2004, a Joint Candidates Committee - Certificate of Organization and Designation of Campaign Treasurer and Depository (Form D-2) which reported that Respondent Candidates Turner, Lavagnino, Silvestri-Ehret and Sosa established a joint candidates committee to receive contributions and make expenditures for the Respondent Candidates' 2006 municipal election candidacies, and designated as its campaign depository, "Weehawken and You 2006 Re-Election Fund," established and maintained at the Northfork Bank, 4714 Park Avenue, Weehawken, NJ (hereafter, the 2006 municipal election campaign depository). 3. The Form D-2, described in paragraph two, above, designated James V. Marchetti, Jr. as the Treasurer for the joint candidates committee consisting of Respondent Candidate Turner, Respondent Candidate Lavagnino, Respondent Candidate Silvestri-Ehret, and Respondent Candidate Sosa for the 2006 municipal election. The Form D-2 was certified correct by Respondent Candidates Turner, Lavagnino, Silvestri-Ehret and Sosa, and James V. Marchetti, Jr (hereafter, the Respondent Treasurer). 4. The Respondent Candidates and the Respondent Treasurer received and deposited contributions into and made expenditures from the 2006 municipal election campaign depository described in paragraph two, above, during and after the 2006 municipal election. 5. The Respondent Candidates and the Respondent Treasurer filed with the Commission on January 18, 2005, a Report of Contributions and Expenditures (Form R-1), which was certified as correct by Respondent Candidate Turner, Respondent Candidate Lavagnino, Respondent Candidate Silvestri-Ehret, Respondent Candidate Sosa, and the Respondent Treasurer, and designated as the 2004 fourth quarterly report. The 2004 fourth quarterly report was also certified as correct by Respondent Candidate Zucconi. Upon information and belief, on or around January 18, 2005, Respondent Candidate Zucconi replaced a candidate who did not file a petition to run for municipal office in the 2006 municipal election. 6. The Respondent Candidates and Respondent Treasurer filed with the Commission on October 16, 2006, a Report of Contributions and Expenditures (Form R-1), which was certified as correct by Respondent Candidate Turner, Respondent Candidate Zucconi, Respondent Candidate Lavagnino, Respondent Candidate Silvestri-

10 ELEC v. Turner, Zucconi, Lavagnino, Silvestri-Ehret, Sosa and Marchetti, Jr. C M2006, C M2006, C M2006, C M2006, C M2006 Page 3 Ehret and Respondent Candidate Sosa, and the Respondent Treasurer, and designated as the 2006 third quarterly report for the 2006 municipal election (hereafter, 2006 third quarterly report), reporting contributions received and expenditures made for the period oftime beginning with the receipt of the first contribution or the making or incurring of the first expenditure on July 1, 2006 and ending with the last transaction on September 30, 2006 (hereafter, the 2006 third quarterly report period). 7. The Respondent Candidates and Respondent Treasurer reported on Schedule 2(D) "Disbursements - Other," of the 2006 third quarterly report, described in paragraph six, above, expenditure information for the making of an expenditure of $8, as a monetary contribution described as a "donation," to "Weehawken & You Civic Association" on September 14, The Respondent Candidates and Respondent Treasurer filed with the Commission on January 17, 2007, a "Report of Contributions and Expenditures" (Form R-1), which was certified as correct by Respondent Candidate Turner, Respondent Candidate Zucconi, Respondent Candidate Lavagnino, Respondent Candidate Silvestri-Ehret and Respondent Candidate Sosa, and the Respondent Treasurer, and designated as the 2006 fourth quarterly report for the 2006 municipal election (hereafter, 2006 fourth quarterly report), reporting contributions received and expenditures made for the period oftime beginning with the receipt ofthe first contribution or the making or incurring ofthe first expenditure on October 1, 2006 and ending with the last transaction on December 31, 2006 (hereafter, the 2006 fourth quarterly report period). 9. The Respondent Candidates and Respondent Treasurer reported on Schedule 3(D) "Disbursements - Contributions made to other Candidates / Committees," of the 2006 fourth quarterly report, described in paragraph eight, above, expenditure information for the making of an expenditure of $60, as a monetary contribution to "Weehawken & You Action Committee" via check number 147 on November 6, The Respondent Candidates and Respondent Treasurer filed with the Commission on January 14, 2008, a "Report of Contributions and Expenditures" (Form R-1), which was certified as correct by Respondent Candidate Turner, Respondent Candidate Zucconi, Respondent Candidate Lavagnino, Respondent Candidate Silvestri-Ehret and Respondent Candidate Sosa, and the Respondent Treasurer, and designated as the 2007 fourth quarterly report for the 2006 municipal election (hereafter, the 2007 fourth quarterly report), reporting contributions received and expenditures made for the period of time beginning with the receipt of the first contribution or the making or incurring of the first expenditure on October 1, 2007 and ending with the last transaction on December 31, 2007 (hereafter, the 2007 fourth quarterly report period). 11. The Respondent Candidates and Respondent Treasurer reported on Schedule F "Refunded Disbursements," ofthe 2007 fourth quarterly report, described in paragraph ten, above, the receipt ofa refund of an excessive contribution from "Weehawken and You 2006 Action Committee" in the amount of $36,000.00, on December 5, 2007.

11 ELEC v. Turner, Zucconi, Lavagnino, Silvestri-Ehret, Sosa and Marchetti, Jr. C M2006, C M2006, C M2006, C M2006, C M2006 Page Upon information and belief, "Weehawken & You Civic Association" and "Weehawken & You Action Committee" are one continuing political committee, filing reports with the Commission as "Weehawken and You Action Committee," relevant to calendar year 2006 and calendar year PROPOSED CONCLUSIONS OF LAW: 1. The Respondent Candidates, Richard Turner, Robert Zucconi, Rosemary J. Lavagnino, Carmela Silvestri- Ehret, and Robert J. Sosa, were at all times relevant to this Complaint, at least as of January 18, 2005, "candidates," as the term "candidate" is defined at N.J.S.A. 19:44A-3c, for municipal office, in Weehawken Township, Hudson County, in the 2006 municipal election held on May 9, 2006, and therefore were subject to the requirements ofthe Act, N.J.S.A. 19:44A-1 et seq., and Commission Regulations. N.J.A.C. 19:25-1 etseq. 2. The Respondent Treasurer, James V. Marchetti, Jr., was at all times relevant to this Complaint, the Respondent Candidates' campaign treasurer in the 2006 municipal election held on May 9, 2006, and was therefore subject to the requirements ofthe Act and Commission Regulations. 3. The Respondent Candidates and Respondent Treasurer were at all times relevant to this Complaint subject to the provisions of N.J.S.A. I9:44A-11.5 and N.J.A.C. 19: , which statutes and regulations prohibited the Respondent Candidates and Respondent Treasurer from making any contribution of money to a continuing political committee, which either alone or when aggregated with prior contributions made to said continuing political committee through December 31, 2006, exceeded the contribution limit of $7, per candidate, that is $36, per year for a joint candidates committee consisting offive candidates, relevant to calendar year The Respondent Candidates and Respondent Treasurer violated N.J.S.A. 19:44A-11.5 and N.J.A.C. 19: by making contributions to "Weehawken & You Civic Association" / "Weehawken & You Action Committee" during calendar year 2006, totaling $68,000.00, as described in paragraphs seven and nine of the Proposed Findings of Fact in this Count, above. The contributions to "Weehawken & You Civic Association" / "Weehawken & You Action Committee," in the amount of $68,000.00, exceeded by $32, the $7, contribution limit per candidate in a calendar year, or $36, for a joint candidates committee consisting of five candidates, the Respondent Candidates and Respondent Treasurer were permitted to make to a single continuing political committee, pursuant to N.J.S.A. 19:44A-11.5 and N.J.A.C. 19: The Respondent Candidates and Respondent Treasurer are each subject to imposition by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22e and N.J.A.C. 19: et seq., which penalty may be not more than 5150, for willfully and intentionally making the $32, amount of the $68, total contribution amount to "Weehawken & You Civic Association" / "Weehawken & You Action Committee," which exceeded the $7, per candidate, per calendar year contribution limit in effect during calendar year 2006.

12 ELEC v. Turner, Zucconi, Lavagnino, Silvestri-Ehret, Sosa and Marchetti, Jr. C M2006, C M2006, C M2006, C M2006, C M2006 Page 5 OPPORTUNITY FOR HEARING: The Respondent Candidates and the Respondent Treasurer shall have the opportunity to appear personally or by attorney at a hearing pursuant to the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq., and to present evidence and argument on all relevant issues. All parties shall have the opportunity to examine and crossexamine witnesses. However, failure of the Respondent Candidates and the Respondent Treasurer to file with the Commission a written answer within twenty (20) days after service of this Complaint shall constitute a default pursuant to N.J.A.C. 19: A, and thereupon the Commission may enter a Final Decision, including a penalty. NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION DATE: December 28, 2011 BY: CAROL L. HOEKJE Legal Director Richard Turner, Candidate CERTIFIED MAIL NO Robert Zucconi, Candidate CERTIFIED MAIL NO Rosemary J. Lavagnino, Candidate CERTIFIED MAIL NO Carmela Silvestri-Ehret, Candidate CERTIFIED MAIL NO Robert J. Sosa, Candidate CERTIFIED MAIL NO James V. Marchetti, Jr., Treasurer CERTIFIED MAIL NO