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Waiver request submitted by Michael Cuba Jr., unsuccessful candidate for Lake Charles City Council - District F, Calcasieu Parish, Pop. 71,993, regarding a $500 late fee assessed for filing his amended 2016 Tier 2 annual pfd 5 days late. |
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Mr. Cuba stated that he was late in filing the amendment because he was" ...overseeing multiple tasks at the public school where I am a part of the administrative team, resolving many issues as the pastor of a congregation...not having a campaign manager, and not writing down the date that the state police came to deliver the document."
Mr. Cuba stated that he respects the policies and procedures of the Ethics Board and asks that the late fee be waiver, reduced, or suspended.
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TYPE OF REPORT: 2016 Tier 2 Candidate Report - Amendment
ORIGINAL FILING DATE: January 19, 2017
DATE NOD RECEIVED: April 25, 2017 (personally served by state police)
DATE REPORT FILED: May 9, 2017
DAYS LATE FROM NOD: 5 days
DAYS LATE FROM ORIGINAL DUE DATE: 110 days
ASSESSED LATE FEE: $500
PRIOR OR OUTSTANDING PFD LATE FEES: None
PRIOR OR OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 2 reports or amendments
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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. 42:1124.2 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. 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 based on future compliance with the reporting requirements under the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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