Meetings
 
Agenda Item
Docket No. 16-083
 
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RE:
Reconsideration of the Board's denial of a waiver request submitted by Randy Alexander, a candidate for the Jeanerette Board of Aldermen - Iberia Parish in the October 24, 2015 election, regarding a $1,500 late fee assessed for filing his 2014 Tier 3 Candidate PFD 197 days late.
Facts:
Mr. Alexander has filed the report. Also, the Board instructed the staff to amend its Rules to allow a late fee be rescinded if a filer withdraws before the election. The changes to the Rules are being promulgated.


INITIAL INFORMATION:


Mr. Alexander states that due to personal and family issues he withdrew from the election. For that reason, he did not think he was required to file the disclosure statement.

Mr. Aexander was required to file the pfd by September 15th and he withdrew on September 30th. The Board has, in the past, allowed a candidate to not file if he withdrew prior to the filing deadline. However, in this case, Mr. Alexander withdrew after the filing deadline and he has failed to file the pfd to date.




Comments:
TYPE OF REPORT: 2014 Tier 3 Candidate PFD Report
ORIGINAL DUE DATE: September 15, 2015
DATE NOD RECEIVED: September 24, 2015 (personally signed the green card)
DATE REPORT FILED: April 19, 2016
DAYS LATE FROM NOD: 197 days
DAYS LATE FROM ORIGINAL DUE DATE: 217 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
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 three (3) business days after the close of the qualifying period during which the candidate files 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 seven (7) business days after receipt of the notice of delinquency.
Recommendations:
Rescind late fee.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-083 - Reconsideration Request (agenda)
2016-083 - Waiver Request