Meetings
 
Agenda Item
Docket No. 13-977
 
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RE:
Waiver request submitted by Herbert Pate, a candidate for EBR Parish Metro Council in the November 6, 2012 election, regarding a $2,500 late fee assessed for filing his 2011 Tier 2 candidate pfd 137 days late.
Facts:
Mr. Pate states that he was a candidate in 2012, but withdrew from the election on September 4, 2012. Mr. Pate states that he tried to file his forms by internet, telephone and coming to the office in person. He states that he had difficulty filing on-line. It should be noted that the pfd statement cannot be electronically filed.

Mr. Pate states that after receiving a letter from the Board that he came to the office and asked several questions trying to make sure everything was complete. He states he was told everything was completed.

Mr. Pate did receive a "second notice" from the Board. In response to that "second notice," Mr. Pate met with a staff member who helped him file the report. However, at that time the report was already late.

Comments:
TYPE OF REPORT: 2011 Tier 2 Candidate Report
DATE NOD RECEIVED: September 1, 2012
DATE REPORT FILED: February 5, 2013
DAYS LATE: 137 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 seven (7) business days after receipt of the notice of delinquency.

Recommendations:
Decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-977- Waiver Request