| Reconsideration of the Board's denial of a waiver request submitted by George Mack, Jr., a candidate for the Lincoln Parish School Board in the November 4, 2014 election, regarding a $450 late fee assessed for filing his 2013 Tier 3 Candidate PFD 9 days late. |
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Mr. Mack disagrees with the Board's denial of his waiver request. He states that "given the events of the just concluded legislative session my being assessed this fee is an overreach, given other issues which may have more ethical implications." Mr. Mack does not further explain his position.
Initial Information:
Mr. Mack does not believe he should be sanctioned in 2015 for a filing requirement in 2014. He states that his intent is to always be in compliance with requirements; however, he believes the per day late fee is excessive and discourages individuals from seeking public office.
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TYPE OF REPORT: 2013 Tier 3 Candidate Report
DUE DATE: May 15, 2014
DATE NOD RECEIVED: October 6, 2014 [personally signed green card]
DATE REPORT FILED: October 24, 2014
DAYS LATE FROM NOD: 9 days
DAYS LATE FROM DUE DATE: 162 days
ASSESSED LATE FEE: $450
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 three (3) business days after the close of the qualifying period during which the candidate files 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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Affirm the Board's decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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