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Waiver request submitted by Chauna Banks-Daniel, a candidate for the East Baton Rouge Parish Metro Council in the November 6, 2012 election, regarding a $2,500 late fee assessed for filing an Amended 2011 Tier 2 candidate pfd 77 days late. |
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Ms. Banks-Daniel states that her son, Clint Berry, who resides in Lafayette signed for the notice of delinquency. Her son must have been visiting and he never informed her he received the notice nor does he recall signing for the notice.
In addition, the notice requested she amend her pfd to disclose income from the East Baton Rouge School Board on Schedule D by exact dollar figure, it had been disclosed on Schedule E by category. Ms. Banks-Daniel was not familiar with the pfd reporting requirements as she was a candidate and had not been in office.
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TYPE OF REPORT: 2011 Tier 2 Candidate Report (Amendment)
DATE NOD RECEIVED: August 23, 2013
DATE REPORT FILED: November 20, 2013
DAYS LATE: 77 days
ASSESSED LATE FEE: $2,500
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. 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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| Assigned Attorney: |
Tracy Barker |
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