Meetings
 
Agenda Item
Docket No. 15-944
 
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RE:
Waiver request submitted by Timothy P. Kerner, candidate for Mayor, Town of Lafitte - Jefferson Parish in the March 28, 2015 election, regarding a $1,500 late fee assessed for filing his 2014 Tier 3 Candidate PFD 133 days late.
Facts:
Mr. Kerner states that he and his report preparer (Philip Rebowe) had a misunderstanding as to who would file the disclosure statement. Mr. Kerner also states that he filed a disclosure statement about that same time in connection with his service on the West Jefferson Medical Center. A review of our records does not reflect any other filing.
Comments:
TYPE OF REPORT: 2014 Tier 3 Candidate PFD Report

ORIGINAL DUE DATE: February 11, 2015


DATE NOD RECEIVED: February 26, 2015 [Darla Kerner signed green card]
DATE REPORT FILED: August 11, 2015
DAYS LATE FROM NOD: 133 days
DAYS LATE FROM ORIGINAL DUE DATE: 183 days


ASSESSED LATE FEE: $1,500

OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None

Mr. Kerner has been filing since 2009.

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 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.
Recommendations:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2015-944 - Waiver Request