Meetings
 
Agenda Item
Docket No. 16-455
 
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RE:
Waiver request submitted by Elliot N. Thomas, Chief of Police - Village of Chataignier, regarding a $1,500 late fee assessed for not filing his 2014 Tier 3 candidate PFD as of this date.
Facts:
Mr. Thomas states that he did not file a personal financial disclosure statement because he withdrew from the election. The Notice of Withdrawal indicates that Mr. Thomas withdrew on January 29, 2016 - subsequent to receiving the Notice of Delinquency from this agency requesting that he file the disclosure statement.

Mr. Thomas also states that the imposition of a late fee would cause a financial burden on him. His request is that the late fee be waived; however, in the event the late fee is not waived, he requests that he be allowed to enter into a payment plan. Correspondence was sent requesting that he submit supporting documentation.
Comments:
TYPE OF REPORT: 2014 Tier 3 Candidate PFD Report
ORIGINAL DUE DATE: December 9, 2015
DATE NOD RECEIVED: December 21, 2015 (personally signed the green card)
DATE REPORT FILED: Not filed as of this date.
DAYS LATE FROM NOD: n/a days
DAYS LATE FROM ORIGINAL DUE DATE: n/a 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
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:
Rescind the late fee since he withdrew prior to the election.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-455 - Waiver Request