Meetings
 
Agenda Item
Docket No. 23-038
 
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RE:
Waiver request submitted by Nick Burgess, candidate for Alderman / District D, Town of Delhi (Pop. 2,622) / Richland Parish, in the November 8, 2022 election, regarding a $500 late fee assessed for filing his 2021 Tier 3 candidate pfd 98 days late.
Facts:
Nicholas Burgess insists that he submitted the initial PFD within the 3-day time frame. However, he did not send the disclosure via certified mail and is unable to provide proof. As a first-time candidate, he was unfamiliar with the filing timeline and late fees. Due to his current employment, he was off-sight (away from home) when the initial notice arrived. The 2nd notice was temporarily mixed in with other mail, but he responded within the allotted time. Mr. Burgess is asking that you accept this official letter request for an explanation as to why he is requesting a waiver of his $500 late fee.
Comments:
TYPE OF REPORT: 2021Tier 3 Candidate Report
ORIGINAL FILING DATE: July 27, 2022
DATE NOD RECEIVED: 09/12/2022 (personally signed)
DATE REPORT FILED: 12/28/2022
DAYS LATE FROM NOD: 98 days
DAYS LATE FROM ORIGINAL DUE DATE: 154 days
ASSESSED LATE FEE: $500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 1 reports or amendments
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 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:
2023-038 - PFD Waiver