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Agenda Item
Docket No. 12-2095
 
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RE:
Waiver request submitted by Erich Ponti regarding a $300 late fee assessed for filing his 2011 Tier 3 candidate pfd 3 days late.
Facts:
Erich Ponti was a candidate for the Public service Commission in the November 6, 2012 election. Mr. Ponti is a former member of the House of Representatives. As such, he filed a 2011 Tier 2 annual pfd in May 2012. Mr. Ponti assumed this filing would suffice for his candidate filing. However, since he was running for a different office, he was required to file a candidate pfd even though it was the same tier and covered the same reporting calendar year.

Comments:
TIER: 2
TYPE OF REPORT: 2011 Candidate Report

DATE NOD RECEIVED: September 10, 2012
DATE REPORT FILED: October 1, 2012
DAYS LATE: 3 days

ASSESSED LATE FEE: $300
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. 42:1124.2 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:
Suspend all based on future compliance with the Code of Ethics.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-2095- Staff Memo