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Waiver request submitted by Henry Charles Cotton, a candidate for Mayor of Bastrop (Pop. 9,691), Morehouse Parish, in the March 20, 2021 election, regarding a $2500 late fee assessed for filing his amended 2020 Tier 2 candidate pfd 103 days late. |
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Henry C. Cotton stated that the Notice of Delinquency-Amend was delivered to his old home address at 328 West Madison Avenue in Bastrop, Louisiana. He and his wife purchased a new home and filed a Louisiana Homestead Exemption for 1617 Gladney Drive in Bastrop once the purchase was completed on July 30, 2021. The new property was the only home Mr. Cotton and his wife were residing when the letter was delivered. He never received notice he needed to correct his final report.
**Untimely filing** After review by the Disclosure Director, the Late Fee Order was also mailed to the old address of 328 West Madison and signed for by the same mail carrier for Covid-19, that signed for the Notice of Delinquency-Amend letter. The Director contacted Mr. Cotton, who stated that he was contacted by either the new owners or a neighbor (could not recall) and told him he had mail at the old address.
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TYPE OF REPORT: 2020 Tier 2 Candidate Report - Amendment
ORIGINAL PFD FILED ON: February 8, 2021
DATE NOD RECEIVED:09/13/2021(Covid)
DATE REPORT FILED:01/04/2022
DAYS LATE FROM NOD: 103 days
ASSESSED LATE FEE:$2500
PRIOR/OUTSTANDING PFD LATE FEES: Yes, 2012 Tier 2, $200 & 2016 Tier 2, $100, both transferred to AG & Paid
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2010
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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 untimely waiver request.
Suspend all based on future compliance with the Code of Ethics since staff cannot prove when Mr. Cotton received the NOD-amend as it was mailed to an old address.
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| Assigned Attorney: |
Tracy Barker |
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