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Reconsideration of a waiver request submitted by David Edwards, a candidate for Clerk of Court, City of Slidell, regarding a $2,500 late fee assessed for filing his 2010 Tier 2 candidate pfd 550 days late. |
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Reconsideration:
At the December 2013 meeting, the Board declined to waive the late fee.
Mr. Edwards states he was a first time candidate and unfamiliar with the filing requirements. He states that he relied on Bill Schulty to file the reports. He states that Mr. Schulty negotiated the matter and paid a fine and he thought everything was taken care of. (It appears he may be referring to campaign finance where he did pay $400 in late fees). Mr. Edwards then got another letter about the 2010 pfd and contacted Mr. Schulty to help him. It was still filed 550 days late. Mr. Edwards begs the Board to waive the late fee as his campaign was a failure and they never received the financial backing expected.
Mr. Edwards has submitted an affidavit stating the imposition of the late fee will cause a financial hardship. He states that he was unemployed during the election. He states he recently obtained employment with Toyota in New Orleans. He also states he is currently living with his parents due to his financial condition.
Initial Information:
Mr. Edwards did not receive any financial support for the election; therefore, he did not think he needed to file. He states he tried to mail in his report several times but that the staff did not receive it until it was sent by certified mail. Mr. Edwards did not mean to put himself in this position and asks that the fines be waived.
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TYPE OF REPORT: 2010 Tier 2 Candidate Report (10/22/2011 election)
DATE NOD RECEIVED: September 30, 2011
DATE REPORT FILED: April 22, 2013
DAYS LATE: 550 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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Suspend all but $1,000 based on future compliance and offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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