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Waiver request submitted by Kevin Ambeau, St. Gabriel Police Chief, regarding a $2,500 late fee assessed for filing his 2009 Tier 2 annual pfd 288 days late and a $2,500 late fee assessed for filing his 2010 Tier 2 candidate pfd (10/22/2011 election) 306 days late. |
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Mr. Ambeau's explanation appears to involve reports that are not at issue herein, i.e., the 2010 annual and the 2011 annual. The reports at issue involve the 2010 Tier 2 candidate and the 2009 Tier 2 annual. Further, Mr. Ambeau's statement regarding the candidate reports is incorrect, unless an annual pfd is filed prior to the due date of the candidate pfd and it involves the same office (incumbent), then a candidate report is not required. However, Mr. Ambeau did not file an annual, therefore, the candidate pfd was required. Further, if it involved different offices, then a candidate pfd was also required.
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TIER: 2
TYPE OF REPORT: 2009 Annual Report
DATE NOD RECEIVED: October 18, 2011
DATE REPORT FILED: August 21, 2012
DAYS LATE: 288 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: yes, 2010 Tier 2 candidate (4/2/2011 election), 153 days late, $2,500 outstanding (waiver or appeal not requested)
TIER: 2
TYPE OF REPORT: 2010 Candidate Report (10/22/2011 election)
DATE NOD RECEIVED: September 30, 2011
DATE REPORT FILED: August 21, 2012
DAYS LATE: 306 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: yes, 2010 Tier 2 candidate (4/2/2011 election), 153 days late, $2,500 outstanding (waiver or appeal not requested)
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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. 42:1124.2 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.
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Based on the waiver guidelines, suspend all but $1,000 of the $2,500 late fee, based on future compliance, associated with the 2009 Tier 2 annual pfd.
Decline to waive $2,500 associated with the 2010 Tier 2 candidate pfd.
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| Assigned Attorney: |
Tracy Barker |
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