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Waiver request submitted by Charles Coleman regarding a $1,500 late fee assessed for filing his 2010 Tier 3 candidate pfd 62 days late. |
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TIER: 3
TYPE OF REPORT: 2010 Candidate Report (March 24, 2012 election)
DATE NOD RECEIVED: January 5, 2012
DATE REPORT FILED: March 29, 2012
DAYS LATE: 62 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
Mr. Coleman was a candidate for Mayor of the Town of Jackson. Mr. Coleman asserts that he filed the disclosure statement timely via mail. It appears that Mr. Coleman received two (2) notices of delinquency on January 5, 2012. One seeking his 2010 Tier 3 annual pfd and one seeking his 2010 Tier 3 candidate pfd. Mr. Coleman submitted a 2010 Tier 2.1 form within the 14 business days, which was accepted as his 2010 Tier 3 annual as it is on a higher tier level form. Subsequent to that filing, he filed a 2010 Tier 3 annual form on March 29, 2012, which was accepted as his 2010 Tier 3 candidate pfd.
Mr. Coleman states that he mailed both forms in January; however, the staff only has record of receiving the 2010 Tier 2.1 pfd form.
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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 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.
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Waive the late fee since report filed covered the same time period.
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| Assigned Attorney: |
Tracy Barker |
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