| Waiver request submitted by Darryl L. Robertson, former member of the East Baton Rouge Parish School Board and former candidate for Baker City Council, regarding a $2500 late fee assessed for filing his 2010 Tier 2 annual pfd amendment 500 days late and a $1500 late fee assessed for filing his 2010 Tier 3 candidate pfd amendment 487 days late. |
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Mr. Robertson states he submitted the report in a timely manner, but it was the incorrect form.
A review of our records indicate Mr. Robertson reported his income on the incorrect schedule for his 2010 annual report. He also did not report his income on his 2010 candidate report, which required him to amend both reports.
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2010 Tier 2 Annual (Amendment):
NOD-Amend issued: February 10, 2012
NOD-Amend received: February 22, 2012
PFD due: March 13, 2012
PFD filed: July 26, 2013
Days late: 500
Late Fee Assessed: $2,500
Outstanding PFD Late Fees: None
Outstanding CF Late Fees: None
Outstanding Disclosure Reports: None
Prior Late Fees Suspended/Waived: None
2010 Tier 3 Candidate (Amendment):
NOD-Amend issued: February 10, 2012
NOD-Amend received: February 22, 2012
PFD due: March 13, 2012
PFD filed: July 13, 2013
Days late: 487
Late Fee Assessed: $1,500
Outstanding PFD Late Fees: None
Outstanding CF Late Fees: None
Outstanding Disclosure Reports: None
Prior Late Fees Suspended/Waived: None
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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.
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.
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2010 Tier 2: Waive the late fee.
2009 Tier 3 Candidate: Suspend all based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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