Meetings
 
Agenda Item
Docket No. 13-083
 
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RE:
Waiver request submitted by Clovis Mathews, Sr., a candidate for the Clinton Board of Aldermen in the November 6, 2012 election, regarding a $1,500 late fee assessed for filing his 2011 Tier 3 candidate pfd 40 days late.
Facts:
Mr. Mathews requests a waiver and submitted a Notice of Bankruptcy filing sheet showing he filed for bankruptcy in 2011. According to notes of staff, he states he cannot afford this late fee.

Comments:
TIER: 3
TYPE OF REPORT: 2011 Candidate Report

DATE NOD RECEIVED: September 1, 2012
DATE REPORT FILED:
October 31, 2012
DAYS LATE: 40 days

ASSESSED LATE FEE: $1,500
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, waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-083- Staff Memo
2013-083- Notice of Bankruptcy Case Filing