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Waiver request submitted by Mark Cockerham, member of the Lafayette Parish School Board, regarding a $2,500 late fee assessed for filing his 2009 Tier 2 candidate pfd 826 days late and a $2,500 late fee assessed for filing his amended 2010 Tier 2 annual pfd 198 days late. |
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Mr. Cockerham's attorney states that Mr. Cockerham's late filing were not in bad faith nor an attmept to try to hide any income received from any source. Mr. Cockerham suffers from dyslexia, a learning disability that impairs a person's reading comprehension abilities.
The 2010 amendment was required for Mr. Cockerham's failure to disclose income from the school board on Schedule D. The income was disclosed on Schedule E. The Board has consistently waived late fees in connection with these types of late filings since the income was disclosed, just on the incorrect schedule.
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TYPE OF REPORT: 2009 Tier 2 Candidate Report (October 2, 2010 election)
DATE NOD RECEIVED: September 16, 2010
DATE REPORT FILED: January 9, 2013
DAYS LATE: 826 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
TYPE OF REPORT: 2010 Tier 2 Annual Report (amended)
DATE NOD RECEIVED: November 8, 2012
DATE REPORT FILED: June 19, 2013
DAYS LATE: 198 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
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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.
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2009 - Suspend all but $1,000 based on future compliance.
2010 - waive the late fee.
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| Assigned Attorney: |
Tracy Barker |
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