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Waiver request submitted by Phillip Michael Smart, candidate for Bienville Parish Police Jury/District 2 in the October 12, 2019 election, regarding a $1500 late fee assessed for filing his amended 2018 Tier 3 candidate PFD 172 days late. |
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Phillip Smart is asking for a waiver for failing to amend his 2018 PFD Statement timely for the following reasons:
Mr. Smart stated he moved when the Notice to Amend Delinquency was issued and was living in his vehicle without a mailing address. He then relocated to Minden Louisiana and started a new job; this is when his mail started getting forwarded to him. As soon as he "determined" what information was omitted, he began "working on the process as soon as possible". As this was his first attempt running for office, he had the Clerk of Court's Office help him complete his 2018 Candidate PFD Statement.
Mr. Smart stated he is extremely sorry for any confusion. He stated due to Covid-19 economic stability is difficult at this time. He just had his third child and his work hours have been cut; making it extremely difficult to provide for his family. He asks the Ethics Board to "please consider mercy on this matter", as he respectfully asks for the consideration of waiving his late fee.
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TYPE OF REPORT: 2018 Tier 3 Candidate Report - Amendment
ORIGINAL FILING DATE: August 12, 2019
DATE NOD RECEIVED: 12/20/2019 (personally signed green card)
DATE REPORT FILED: 6/26/2020
DAYS LATE FROM NOD: 172 days
DAYS LATE FROM ORIGINAL DUE DATE: 319 days
ASSESSED LATE FEE: $1500
PRIOR PFD LATE FEES: None
PRIOR CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 2 reports or amendments
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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.
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Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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