Meetings
 
Agenda Item
Docket No. 17-1180
 
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RE:
Waiver request submitted by Daniel R. "Danny" Martiny, candidate for Jefferson Parish Council - District 4, in the October 14, 2017 election, regarding a $500 late fee assessed for filing his 2016 Tier 2 candidate pfd 5 days late.
Facts:
Attorney David Sherman (on behalf of Senator Martiny) request that the late fee be waived. Mr. Sherman explained that the late filing was his firm's fault. Senator Martiny was advised that because he had not filed his federal income tax return, he did not have to file the PFD at that particular time. Mr. Sherman stated "We failed to take into account the different rules applying to candidates."

Comments:
TYPE OF REPORT: 2016 Tier 2 Candidate Report
ORIGINAL FILING DATE: July 19, 2017

DATE NOD RECEIVED: July 31, 2017 (green card not returned)


DATE REPORT FILED: August 14, 2017

DAYS LATE FROM NOD: 5 days
DAYS LATE FROM ORIGINAL DUE DATE: 26 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 16 reports or amendments

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:
Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2017-1180 Waiver Request