| Waiver request submitted by Jimmy Pickering, candidate for Constable, Ward 5, Richland Parish, in the November 4, 2014 election, regarding a $1,500 late fee assessed for filing his 2013 Tier 3 Candidate PFD 38 days late. |
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Mr. Pickering was not elected and has held no other offices that require filings under the Code of Ethics. Mr. Pickering states that he attempted to file the report three times. He also states that he has been in and out of the hospital for the past year and cannot afford to pay the late fee.
A request for supporting documentation was sent to Mr. Pickering. He submitted a bill from Richardson Medical Center dated August 3, 2015 for $1,516.00. The bill covers services received from February 20 through 24, 2015.
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TYPE OF REPORT: 2013 Tier 3 Candidate Report
ORIGINAL DUE DATE: August 27, 2014
DATE NOD RECEIVED: November 15, 2014 (personal service by State Police)
DATE REPORT FILED: January 2, 2015
DAYS LATE FROM NOD: 38 days
DAYS LATE FROM ORIGINAL DUE DATE: 128 days
ASSESSED LATE FEE:
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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Suspend all but $500 based on future compliance with the reporting requirements under the Code of Ethics. The $500 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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