Meetings
 
Agenda Item
Docket No. 12-1168
 
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RE:
Reconsideration of a waiver request submitted by Mario Brown, White Castle Chief of Police, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd 362 days late.
Facts:
John McLindon, attorney for Mr. Brown, filed this request for reconsideration on his behalf. As background, Mr. Brown was assessed a $450 late fee for filing his 2009 Tier 3 candidate pfd 9 days late. He timely requested a waiver and the Board suspend all based on future compliance at its April 2012 meeting.

In March 2011, Mr. Brown received a notice of delinquency regarding his 2009 annual Tier 3 pfd. This report was filed in April 2012 and he was assessed a $1,500 late fee, which the Board declined to waive in April 2013.

In March 2012, Mr. Brown received another notice of delinquency regarding his 2010 tier 3 annual pfd. Mr. McLindon called regarding this notice of delinquency and the Director of Disclosure informed him that Mr. Brown needed to file his 2009, 2010, and 2011 Tier 3 annual pfds. All reports were filed in April 2012. Only the 2009 Tier 3 annual was untimely resulting in a late fee assessment.

Mr. McLindon also states that the assessment will cause a financial hardship.

Comments:
TIER: 3
TYPE OF REPORT: 2009 Annual Report

DATE NOD RECEIVED: March 24, 2011
DATE REPORT FILED: April 9, 2012
DAYS LATE: 362 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: yes, one other late filing, 2009 Tier 3 candidate

Law:
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 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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Based on the waiver guidelines, suspend all but $500 based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-1168- Staff Memo
2012-1168- Request for Reconsideration