Meetings
 
Agenda Item
Docket No. 12-136
 
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RE:
Reconsideration of waiver request submitted by Jan Scott Richard regarding a $2,500 late fee assessed for filing his amended 2009 Tier 2 candidate personal financial disclosure statement 183 days late.
Facts:
TIER: 2
TYPE OF REPORT:
2009 Candidate Report

DATE NOD RECEIVED: September 2, 2010
DATE REPORT FILED: March 25, 2011
DAYS LATE: 183 days
ASSESSED LATE FEE: No

Jan Scott Richard was a candidate for City of Scott Council in the October 2, 2010 election.
OTHER LATE FILINGS:

Comments:
At the March 2012 meeting, the Board declined to waive the $2,500 late fee. Mr. Richard stated that it was a mistake and oversight for his failure to timely submit the amendment to his pfd. He is a first time candidate and did not know all the laws and requirements. Further, Mr. Richard states that the imposition of the late fee would cause him a financial hardship.In his request for reconsideration, Mr. Richard reiterates that he was focused on running his campaign with limited funds and no campaign manger. He states that the fine amount is nearly half of the amount of funds raised to run his campaign. He is a first time elected official who was unfamiliar with the filing requirements. He states that he cannot afford to pay the late fee.



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. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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, decline to waive, or in the alternative, offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-136- Staff Memo
2012-136- Request for Reconsideration