Meetings
 
Agenda Item
Docket No. 19-465
 
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RE:
Waiver request submitted by Lionel "Coach" Anderson, candidate for the Ville Platte Board of Alderman/District D/Evangeline Parish (Pop. 74300 in the November 6, 2018 election, regarding a $1500 late fee assessed for filing his amended 2017 Tier 3 Candidate pfd 88 days late.
Facts:
Mr. Anderson states he initially failed to file his Candidate filing for the election held on 11/6/2018. He received his NOD on 8/2/2018 and filed his Candidate PFD on 8/3/2018. Upon review, it was determined that the filing was noncompliant. When Mr. Anderson received the NOD for the amendment, he states he went to the Clerk of Court's office in Ville Platte for assistance. With the Clerk of Court's help, Mr. Anderson stated he filed a timely amendment on 10/3/2018. Unfortunately, the filing was not compliant. Mr. Anderson states he then went to his Tax Assessor (Dirk Deville) for assistance. He states Mr. Deville called our staff and explained all that Mr. Anderson had done to try to provide information that was accurate and complete. With Mr. Deville's assistance, Mr. Anderson states he was able to provide a compliant Candidate filing. In his waiver request, Mr. Anderson states that he tried to do everything right and does not have any money but he will find the money if the board requires him to pay the late fee.

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

DATE NOD RECEIVED: September 27, 2018 (personally signed green card)


DATE REPORT FILED: January 4, 2019
DAYS LATE FROM NOD: 88 days
DAYS LATE FROM ORIGINAL DUE DATE: 163 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 5 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:
2019-465 Waiver Request