Meetings
 
Agenda Item
Docket No. 23-989
 
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RE:
Waiver request submitted by Raphineas Gerald "Ray" Riley, candidate for Council Member / City of Denham Springs / Livingston Parish, in the November 8, 2022 election, regarding a $2500 late fee assessed for filing his amended 2021 Tier 2 candidate pfd 363 days late.
Facts:
Raphineas "Ray" Riley received a notice stating that he had to go to the post office for a certified letter. However, he chose to speak with a BOE representative instead, who sent him a copy of the letter. Upon receiving it, he noticed that someone outside of his household had signed the green card. The date and time it was signed was while everyone in his household was either at work or school. He was completely unaware of the notice until he spoke with the representative. Additionally, he was not aware that his employment with the EBR School System should be listed under the political income category. Due to these reasons, he would like to request a waiver. It was not an instance of willful neglect on his part, and had he known about the notice, he would have submitted the disclosure in a timely manner.
Comments:
TYPE OF REPORT: 2021 Tier 2 Candidate Report - Amendment


ORIGINAL FILING DATE: 07/27/2022

DATE NOD RECEIVED: 10/17/2022

DATE REPORT FILED: 10/24/2023

DAYS LATE FROM NOD: 363 days

ASSESSED LATE FEE: $2500

PRIOR/OUTSTANDING PFD LATE FEES: None

PRIOR/OUTSTANDING CF LATE FEES: Yes - 2017 $40, 2022 $449.01, & 2022 $40 (paid)

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 6 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. 42:1124.2 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 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:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-989 - PFD Waiver Tier 2 Cand Amend