Meetings
 
Agenda Item
Docket No. 20-752
 
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RE:
Waiver request submitted by John Earl Shoemaker, candidate for East Carroll Parish School Board / District 2 / in the November 6, 2018 election, regarding a $1500 late fee assessed for filing his 2017 Tier 3 candidate PFD 730 days late.
Facts:
John Shoemaker is asking for a waiver for the late filing of his 2017 Candidate PFD for the following reasons:

Mr. Shoemaker stated he mailed his PFD prior to the candidate filing deadline, but he is not sure if he sent the forms to PFD or CF Department. When he received a Notice of Delinquency for the BOE, he disregarded it because he had already mailed his candidate disclosure and thought he received the letter in error. Mr. Shoemaker is asking the Ethics Board to please have leniency, because of his financial difficulties due to the Covid-19 Pandemic. In the future he will exert all efforts to ensure all forms are validated and received in a timely manner.

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

DATE NOD RECEIVED: 8/2/2018 (personally signed green card)


DATE REPORT FILED: 8/12/2020
DAYS LATE FROM NOD:
730 days
DAYS LATE FROM ORIGINAL DUE DATE:
749days
ASSESSED LATE FEE: $1500
PRIOR PFD LATE FEES:
None

PRIOR CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 12 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 but $1000 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2020-752 - PFD Waiver Request John Earl Shoemaker