|
Waiver request submitted by Caleb Atwell, candidate for the Killian Board of Aldermen, Livingston Parish (Pop. 1,206) in the October 12, 2019 election, regarding a $1500 late fee assessed for filing his 2018 Tier 3 candidate pfd 82 days late. |
|
Caleb Atwell is requesting a waiver of $1500 for the following reasons:
Mr. Atwell stated this is his first time running for office and he thought that only the 2019 disclosure would be necessary. Mr. Atwell stated that he did not personally receive the NOD-FF issued on 8/23/2019. However, once he received the late fee notice he immediately contacted the BOE and filed a compliant report. Mr. Atwell says he is blessed to be an elected official and going forward he will ensure that he files on time. He ask the Ethics Board for leniency because at this time, his wife, Audrey Atwell, is attending nursing school and he is the only person currently employed in their household. This is Mr. Atwell's first delinquency and late fee.
|
|
TYPE OF REPORT: 2018 Tier 3 Candidate Report
ORIGINAL FILING DATE: August 12, 2019
DATE NOD RECEIVED: August 23, 2019 (Audrey Atwell signed green card)
DATE REPORT FILED:November 25, 2019DAYS LATE FROM NOD: 82 days
DAYS LATE FROM ORIGINAL DUE DATE: 105 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 1 reports or amendments
|
|
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. 42:1124.3requires 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.
|
|
|
Suspend all but $200 based on future compliance with the reporting requirements under the Code of Ethics. The $200 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|