Meetings
 
Agenda Item
Docket No. 13-1147
 
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RE:
Reconsideration of a waiver request submitted by Jonathan Green, member of the White Castle Board of Aldermen, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 candidate pfd days late. Reconsideration of an untimley waiver request regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd days late.
Facts:
Reconsideration: Mr. Green states he has high regard for the law and he is a man of great character and integrity. He states it was never his intent to fail to timely file the reports. He is up to date on his pfd and campaign finance reports. He has already paid late fees for campaign finance late filings. He states that imposition of the late fees would create a financial hardship. A request for supporting documentation has been requested. No response has been received.

Initial Information:



Mr. Green states that his late filing was an honest mistake and an accidental oversight. He states that he is requesting a one-time waiver in connection with his failure to file his 2009 candidate pfd.

The late fee order for the 2009 annual report was personally served on May 10, 2012. It took longer to serve him the late fee order for the 2009 candidate report, which was personally served on June 5, 2013.

Mr. Green never requested a waiver in connection with the 2009 annual pfd; however, it has been made a part of this request for the Board's information.

Comments:
TYPE OF REPORT: 2009 Tier 3 Candidate Report (10/2/2010 election)
DATE NOD RECEIVED: September 23, 2010
DATE REPORT FILED: March 11, 2012
DAYS LATE: 515 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: September 23, 2010
DATE REPORT FILED: March 11, 2012
DAYS LATE: 515 days

ASSESSED LATE FEE: $1,500 ($100 of this late fee has been paid)
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. 42:1124.3 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.

Recommendations:
Affirm decline to waive. Offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1147- Waiver Request
2013-1147- Reconsideration Request