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Reconsideration of a waiver request submitted by James West, a member of the Board of Aldermen for the Village of Pine Prairie (Evangeline Parish), regarding a $1,500 late fee assessed for filing his 2011 Tier 3 candidate pfd 195 days late. |
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New Information:
No new information or reasons were given. Mr. West is asking for this one time waiver since this is the first time.
Initial Information:
Mr. West states that the late filing was an oversight, lack of communication and understanding of the law put into place in 2009. Mr. West does not recall being giving information supporting this requirement and was not very well informed of the process.
It should be noted that Mr. West has been filing reports since his 2009 report. Further, Mr. West would have received a packet at qualifying explaining the filing requirements.
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TYPE OF REPORT: 2011 Tier 3 Candidate Report (11/6/2012 election)
DATE NOD RECEIVED: September 19, 2012
DATE REPORT FILED: April 22, 2013
DAYS LATE: 195 days
ASSESSED LATE FEE: $1,500
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. 42:1124.3 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 seven (7) business days after receipt of the notice of delinquency.
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| Assigned Attorney: |
Tracy Barker |
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