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Waiver request submitted by William Bagley, a candidate for the Desoto Parish Police Jury, District 1A, in the November 6, 2012 election, regarding a $1,500 late fee assessed for filing his 2011 Tier 3 candidate pfd untimely. |
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William Bagely was a candidate for the Desoto Parish Police Jury, District 1A, in the November 6, 2012 election. He received a notice of delinquency on August 29, 2012. The report was filed on July 19, 2013.
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The Board filed charges in this matter. A public hearing was held in this matter on July 25, 2013. The EAB rendered an order ordering the pfd be filed and assessing a $1,500 late fee. Subsequent to this, staff was contacted by Mr. Bagley who submitted documentation showing that he had filed the report on July 19, 2013, prior to the public hearing.
The report filed by Mr. Bagley had a 2012 calendar date and the pfd was coded as a 2012 candidate report. Thus, his record still showed him delinquent on the 2011 report. Review of the report shows that although he put 2012 as the calendar year, he did properly disclose his qualifying date and the date of the election.
In addition, Mr. Bagley requests that the late fee be waived as he withdrew from the election. Mr. Bagley stated he qualified but then withdrew when the spouse of the deceased police juror whose spot he was running for endorsed another candidate. He states that when he received the notice of delinquency, he brought it to the Clerk of Court who advised him he was not required to file since he withdrew from the election. When he received a second notice, he also brought that notice to the Clerk of Court. At that time, the Clerk of Court contacted our office to discuss and he was informed that if Mr. Bagley did not withdraw within the 10 days from qualifying, then he was required to file. Mr. Bagley then obtained the correct report and filed it with the Board.
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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. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a 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.
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Authorize staff to file a motion to vacate the EAB order.
Do not assess a late fee.
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| Assigned Attorney: |
Tracy Barker |
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