Meetings
 
Agenda Item
Docket No. 13-402
 
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RE:
Waiver request submitted by Garrick Scott, candidate for the Maringoin Board of Aldermen, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 candidate pfd 621 days late.
Facts:
During calendar year 2010, Mr. Scott was involved in a messy divorce. His ex-wife had access to the mail box and he did not timely receive or receive at all certain mail items. Mr. Scott states that he is a self-employed painter on a very limited income. Mr. Scott states he cannot afford the assessed late fee.

Comments:
TIER: 3
TYPE OF REPORT: 2009 Candidate Report (October 2, 2010 election)

DATE NOD RECEIVED: December 20, 2010
DATE REPORT FILED: September 24, 2012
DAYS LATE: 621 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:
2013-402- Staff Memo