Meetings
 
Agenda Item
Docket No. 13-878
 
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RE:
Waiver request submitted by Alphonse Badeaux, Jr., a member of the South Central Planning and Development Board, regarding a $1,500 late fee assessed for filing his 2010 Tier 2.1 annual pfd days late.
Facts:
Mr. Badeaux appears confused that this matter involves his 2011 Tier 2.1 annual pfd. However, the staff did not send notices of delinquency for either his 2011 or 2012 Tier 2.1 pfds. Those reports have been filed. The notice in February 2013 referred to by Mr. Badeaux is a "second notice" he received regarding the filing of his 2010 Tier 2.1 annual pfd. Receipt of such notice prompted the filing of his 2010 Tier 2.1 annual pfd, which was late.

The CEO of his board submitted correspondence stating that he believes Mr. Badeaux was confused and thought the board's staff was handling the filings for the board members. Mr. Belanger believes this was a misunderstanding. This is Mr. Badeaux's first late filing and the late fee assessed "extra-ordinary" which could lead other board members regretting their service on the board.

Comments:
TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: June 1, 2012
DATE REPORT FILED: February 27, 2013
DAYS LATE: 251 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

Law:
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.
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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.

Recommendations:
Based on the waiver guidelines, waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-878- Waiver Request