Meetings
 
Agenda Item
Docket No. 13-880
 
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RE:
Waiver request submitted by Jeremiah Bolden, a Marshal for the City of Abbeville, regarding a $2,500 late fee assessed for filing his 2008 Tier 2 annual pfd 351 days late; a $2,500 late fee assessed for filing his 2009 Tier 2 annual pfd 351 days late; and a $2,500 late fee assessed for filing his 2010 Tier 2 annual pfd 351 days late.
Facts:
Mr. Bolden states that he was unaware that he was required to file the required pfd reports. Mr. Bolden states that if he had received the notices of delinquency that he would have filed as he did when he received the "second notice." He states that the staff was sending the notices to the wrong address. However, the address used by the staff was obtained from the campaign finance database. Further, the address is listed on his pfd reports under his wife's name.

Mr. Bolden also states that the imposition of the $7,500 late fee would cause a financial hardship for his family that is still recovering from losses incurred as a result of Hurricane Rita.

Mr. Bolden states that his monthly take-home pay is $3,488 and his monthly bills, not including gas or grocery, is $3,584. Mr. Bolden has submitted pay stubs in support.

Comments:
TYPE OF REPORT: 2008 Tier 2 Annual Report
DATE NOD RECEIVED: February 23, 2012
DATE REPORT FILED: February 28, 2013
DAYS LATE: 351 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

TYPE OF REPORT: 2009 Tier 2 Annual Report
DATE NOD RECEIVED: February 23, 2012
DATE REPORT FILED: February 28, 2013
DAYS LATE: 351 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

TYPE OF REPORT: 2010 Tier 2 Annual Report
DATE NOD RECEIVED: February 23, 2012
DATE REPORT FILED: February 28, 2013
DAYS LATE: 351 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No





Law:
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.

Recommendations:
Based on Mr. Bolden's financial hardship:

2008 - waive the late fee

2009 - suspend all based on future compliance

2010 - suspend all but $500 based on future compliance and offer him a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-880- Waiver Request (agenda)