Meetings
 
Agenda Item
Docket No. 12-501
 
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RE:
Waiver request submitted by Rydell Turner regarding three late fees assessed for filing multiple Tier 3 pfds late.
Facts:
Rydell Turner is the Mayor of Clayton. On January 9, 2012, Mr. Turner received a notice of delinquency requesting he file his 2009 Tier 3 annual pfd. He filed the report on February 16, 2012, 17 days late. He was assessed a $850 late fee.

On January 9, 2012, he received a notice of delinquency requesting he file his 2010 Tier 3 annual pfd. The report was filed on February 16, 2012, 17 days late. He was assessed a $850 late fee.

On January 9, 2012, he received a notice of delinquency requesting he file his 2010 Tier 3 candidate pfd in connection with the March 24, 2012 election. The report was filed on February 3, 2012, 4 days late. He was assessed a $200 late fee.

Comments:
TIER: 3
TYPE OF REPORT: 2009 Annual Report

DAYS LATE: 17 days
ASSESSED LATE FEE: $850
OTHER LATE FILINGS: No

TIER: 3
TYPE OF REPORT: 2010 Annual Report

DAYS LATE: 17 days
ASSESSED LATE FEE: $850
OTHER LATE FILINGS:
No

TIER: 3
TYPE OF REPORT: 2010 Candidate Report

DAYS LATE: 4 days
ASSESSED LATE FEE: $200
OTHER LATE FILINGS:
NO

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 ten (10) days of the day the candidate filed 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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Based on the waiver guidelines, suspend all of the $200 late fee, suspend all but $300 of each of the $850 late fees basd on future compliance with the Code of Ethics. Direct the staff to enter into a payment plan with Mr. Turner.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-501- Staff Memo