Meetings
 
Agenda Item
Docket No. 16-155
 
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RE:
Waiver request submitted by Patrick W. "Pat" Bell, Sr., candidate for Representative - District 59, in the October 24, 2015 election, regarding a $2,500 late fee assessed for filing his 2014 Tier 2 Candidate PFD 127 days late.
Facts:
In addition to running for representative in the October 24, 2015 election, Patrick Bell was serving on the Pontchartrain Levee District which required him to file personal financial disclosure statements. As a candidate, he was required to file a separate disclosure statement - his disclosure statement as a member of the levee district did not meet the requirements for filing a disclosure statement as a candidate.

Faulk & Winkler submitted the request stating that Mr. Bell thought the annual disclosure statement filed as a board member fulfilled his requirement as a candidate. The correspondence also stated that Mr. Bell is retired and on a fixed income. Mr. Bell also had health issues that caused him to focus on his personal health. Request for additional information has been sent. If a response is received, it will be provided to the Board.

Comments:
TYPE OF REPORT: 2014 Tier 2 Candidate PFD Report
ORIGINAL DUE DATE: September 15, 2015
DATE NOD RECEIVED: September 25, 2015 (personally signed green card)
DATE REPORT FILED: February 10, 2016
DAYS LATE FROM NOD: 127 days
DAYS LATE FROM ORIGINAL DUE DATE: 148 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: Yes

10/22/11 election: 40-G Rpt. $250 assessed, paid

10/20/07 election: EDE-P Rpt. $400 assessed, paid


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. 42:1124.2 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.
Recommendations:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-155 - Waiver Request