Meetings
 
Agenda Item
Docket No. 13-824
 
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RE:
Waiver request submitted by Joseph Sylvester, a candidate for the St. Martin Parish Council in the October 22, 2011 election, regarding a $2,500 late fee assessed for filing his 2010 Tier 2 candidate pfd days late.
Facts:
Mr. Sylvester is 63 years old and his only income is social security and a part-time job. Mr. Sylvester did not understand that he had to file a pfd to qualify for office. Mr. Sylvester suffers from Delusional Disorder, anxiety and depression. He does not believe he understood the literature when he received it on qualifying for office.

Comments:
TYPE OF REPORT: 2010 Tier 2 Candidate Report
DATE NOD RECEIVED: October 13, 2011
DATE REPORT FILED: September 21, 2012
DAYS LATE: 324 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.

La. R.S. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Based on the waiver guidelines, waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-824- Staff Memo