Meetings
 
Agenda Item
Docket No. 13-570
 
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RE:
Waiver request submitted by W.T. Winfield, member of the East Baton Rouge Parish School Board, regarding a $1,300 late fee assessed for filing his amended 2009 Tier 2 candidate pfd 13 days late and a $2,500 late fee assessed for filing his 2010 Tier 2 annual pfd 603 days late.
Facts:
Mr. Winnfield was confused by the reporting requirements and thought he had filed all required reports. He was an unsuccessful candidate in the 2010 election.

Comments:
TIER: 2
TYPE OF REPORT: 2009 Candidate Report

DATE NOD RECEIVED: March 19, 2013
DATE REPORT FILED: April 10, 2013
DAYS LATE: 13 days

ASSESSED LATE FEE: $1,300
OTHER LATE FILINGS: No

TIER: 2
TYPE OF REPORT: 2010 Annual Report

DATE NOD RECEIVED: July 27, 2011
DATE REPORT FILED: April 10, 2013
DAYS LATE: 603 days

ASSESSED LATE FEE: $2,500
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. 42:1124.2 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, waive the late fee associated with the 2009 Tier 2 candidate pfd.

Suspend all but $1,000, based on future compliance with the Code of Ethics, of the late fee associated with the 2010 Tier 2 annual pfd.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-570- Waiver Request