Meetings
 
Agenda Item
Docket No. 13-409
 
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RE:
Waiver request submitted by Alvin Jackson, Richwood Alderman, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual 134 days late. And, an untimely waiver request regarding a $1,500 late fee assessed for filing his 2010 Tier 3 Candidate pfd 224 days late.
Facts:
Mr. Jackson is seeking this waiver because he thought he was already granted a waiver for all late fees because he received several late fee assessments at the same time. However, Mr. Jackson was assessed late fees in connection with the late filing of campaign finance reports and requested a waiver in connection with those late fees. This is the first waiver request in connection with a pfd late fee. The Board, at the August 17, 2012 meeting, reduced $1,760 in late fees to $250.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report

DATE NOD RECEIVED: January 9, 2012
DATE REPORT FILED: June 12, 2012
DAYS LATE: 134 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes, 2010 Tier 3 annual, 2 days late, paid $100 late fee

TYPE OF REPORT: 2010 Tier 3 Candidate Report (March 24, 2012 election)

DATE NOD RECEIVED: January 9, 2012
DATE REPORT FILED: June 12, 2012
DAYS LATE: 134 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes, 2010 Tier 3 annual, 2 days late, paid $100 late fee



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:

2009 annual report - suspend all but $250 based on future compliance.

2010 candidate report - decline to waive and offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-409- Staff Memo
2013-409- 2010 PFD waiver documents