Meetings
 
Agenda Item
Docket No. 19-162
 
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RE:
Waiver request submitted by Marshall Kent Deen, candidate for Chief of Police, Ball, Town of Ball, Rapides Parish (Pop. 4000) in the November 6, 2018 election, regarding a $1500 late fee assessed for filing his amended 2017 Tier 3 candidate pfd 79 days late.
Facts:
Mr. Deen states that he received the request for an amendment on 10/11/18. He believes that he faxed the document on 10/12/18; however, he does not have a confirmation sheet. A review of faxes received from Mr. Deen indicates that he did fax a campaign finance report on 10/9/18 but no faxes were received or attempted according the Board records on 10/12/18. Mr. Deen request a waiver and states that this is his first time as an elected official and he is learning the processes for the paperwork that he need to file.

Comments:
TYPE OF REPORT: 2017 Tier 3 Candidate Report - Amendment
ORIGINAL FILING DATE: July 25, 2018

DATE NOD RECEIVED: October 11, 2018 (signatures says "on file")


DATE REPORT FILED: January 9, 2019
DAYS LATE FROM NOD: 79 days
DAYS LATE FROM ORIGINAL DUE DATE: 168 days
ASSESSED LATE FEE: $1500.00
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 2 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. 42:1124.3 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:
Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2019-162 Staff Memo- Waiver Request
2019-162 Additional Information