Meetings
 
Agenda Item
Docket No. 22-621
 
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RE:
Waiver request submitted by Earl "Ben" Bernhardt Zahn, III, candidate for Mayor for City of Kenner (Pop. 66,702) / Jefferson Parish, in the March 26, 2022 election, regarding a $2500 late fee assessed for filing his 2021 Tier 2 candidate pfd 29 days late.
Facts:
Mr Zahn states that he acknowledges receiving the Late Fee Order even though that letter was mailed to the City Hall that was damaged in Hurricane Ida. He states he filed the report within two days of receipt on March 22, 2022. He states he did not receive any other notice requesting the filing as required by R.S. 42:1124.4 and he has previously provided his updated address - 3104 Idaho Avenue, Kenner, LA 70065.

Staff Notes: The NOD-FTF was issued to Mr. Zahn at the 3104 Idaho Avenue address and delivered on 2/10/2022 per the returned green card and USPS track and confirm.

Comments:
TYPE OF REPORT: 2021 Tier 2 Candidate Report
ORIGINAL FILING DATE: 2/2/2022
DATE NOD RECEIVED: 2/10/2022 (not legible)
DATE REPORT FILED: 3/22/2022
DAYS LATE FROM NOD: 29 days
DAYS LATE FROM ORIGINAL DUE DATE: 48 days
ASSESSED LATE FEE: $2500
PRIOR OR OUTSTANDING PFD LATE FEES: None
PRIOR OR OUTSTANDING CF LATE FEES: Yes: $480, 10-P for the 10/24/2015 election, paid
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Filing since 2009


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. 42:1124.2 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.

Recommendations:
Suspend all based on future compliance with the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2022-621 - PFD Waiver
2022-621 - Decision and Order