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Waiver request submitted by Brian Binkley, candidate for the Killian Board of Aldermen (Pop.1206) / Livingston Parish in the March 20, 2021 election, regarding a $1500 late fee assessed for filing his 2020 Tier 3 candidate pfd 116 days late. |
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Brian Binkley requests a waiver for the following reasons:
He stated that upon his receipt of his notice of delinquency issued in February 2021, he completed and mailed the disclosure from his local post office. He mailed it by regular mail and has no way of knowing whether his disclosure was lost, since he has had repeated issues with this local post office location loosing his mail. Mr. Binkley stated he receives no compensation for the time spent performing his duties as Alderman.
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TYPE OF REPORT: 2020 Tier 3 Candidate Report
ORIGINAL FILING DATE: 1/27/2021
DATE NOD RECEIVED: 2/4/2021 (personally signed green card)
DATE REPORT FILED: 6/14/2021
DAYS LATE FROM NOD: 116 days
DAYS LATE FROM ORIGINAL DUE DATE: 138 days
ASSESSED LATE FEE: $1500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Yes
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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 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.
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Suspend all but $400 based on future compliance with the Code of Ethics.
The $400 is payable within 20 days and if payment is not received
within 20 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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