| Waiver request submitted by Patton McHenry, a candidate for the Ouachita Parish Police Jury in the October 22, 2011 election, regarding a $2,500 late fee assessed for filing his 2010 Tier 2 candidate pfd 522 days late. |
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Mr. Patton received a notice of delinquency on October 7, 2011. When Mr. Patton failed to respond to the notice of delinquency, a "second notice" was sent. When Mr. Patton failed to respond to the "second notice," the Board filed charges against Mr. Patton for his failure to file. Prior to any public hearing, Mr. Patton finally filed the required pfd. Subsequently, a late fee order was issued.
Mr. Patton states that he ran for the office because his friends told him that he would not receive any votes. He did not receive any donations and borrowed no money. He stated that he was living with his mother at this time and she was having mental health problems. He stated that his mother opened his mail and threw away some of it. He also stated that his mother hired a maid to remove three truck loads of his personal items without his permission.
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TYPE OF REPORT: 2010 Tier 2 Candidate Report
DATE NOD RECEIVED: October 7, 2011
DATE REPORT FILED: April 1, 2013
DAYS LATE: 522 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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Suspend all based on future compliance with the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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