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Waiver request submitted by Jeffrey A Free, candidate for Bossier City Council (Pop. 62,701) / District 4 / in the March 20, 2021 election, regarding a $2500 late fee assessed for filing his 2020 Tier 2 candidate pfd 229 days late. |
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Jeff Free is requesting an untimely waiver for the following reasons:
Mr. Free stated he did not think he was required to file the Candidate's PFD Statement, since he was the Incumbent - running opposed. He did not have any campaign contributions, bank accounts or loans associated with his campaign. He called the BOE to make sure and spoke with a CF staff member on 2/26/2021. Staff confirmed he was not required to file the CF reports. However, Mr. Free thought that applied to both the CF and PFD reports. He stated he's timely filed all his other PFD's and his 2020 annual filed in May 2021, is the same information that would have appeared on his Candidate's PFD (with the exception of the Election Date/Office Sought). After receiving the LFO, he called again for clarification. He spoke with the Disclosure Director, and then wrote a 2 paragraph letter explaining why he missed the deadline. He mailed his initial waiver request by regular mail on 6/11/2021. When he did not hear back from the BOE, he assumed his request was received, and that no further action was needed on his part. He contacted the BOE once again and learned that his waiver request was never received. Mr. Free apologizes for his misunderstanding of the filing requirements and asks the Ethics Board to waive his fine.
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TYPE OF REPORT: 2020 Tier 2 Candidate Report
ORIGINAL FILING DATE: 1/27/2021
DATE NOD RECEIVED: 2/4/2021 (Penny Free signed green card)
DATE REPORT FILED: 10/5/2021
DAYS LATE FROM NOD: 229 days
DAYS LATE FROM ORIGINAL DUE DATE: 251 days
ASSESSED LATE FEE: $2500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 13 reports or amendments
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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. 42:1124.2 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 seven (7) business days after receipt of the notice of delinquency.
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Consider the untimely waiver request.
Suspend all but $1250 based on future compliance with the Code of Ethics. The $1250 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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