Meetings
 
Agenda Item
Docket No. 13-970
 
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RE:
Untimely waiver request submitted by Dr. Eldredge Carroll, former Caldwell Parish Coroner, regarding a $2,500 late fee assessed for filing his amended 2009 Tier 2 annual pfd 157 days late. And, a timely waiver request regarding a $2,500 late fee assessed for for filing his 2011 Tier 2 annual pfd 239 days late.
Facts:
Based on a review of the documents and the USPS track and confirm, it does not appear the notice of delinquency for the 2009 report was delivered to Dr. Carroll. All other track and confirms show delivery in Columbia, LA, where he lives. The one for the 2009 report shows delivery in St. Francisville, LA. The same address has been used on all notices. Further, Dr. Carroll filed a 2009 report, he just filed a Tier 2.1 rather than a Tier 2.

Dr. Carroll's term ended in 2011 and he withdrew from the 2011 election for another term. Dr. Carroll thought because he withdrew from the election that no other reports were required of him. He was not aware that a report was due the year following the termination of his office.

Comments:
TYPE OF REPORT: 2009 Tier 2 Annual Report (Amended)
DATE NOD RECEIVED: April 11, 2011
DATE REPORT FILED: October 6, 2011
DAYS LATE: 157 days

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

TYPE OF REPORT: 2011 Tier 2 Annual Report
DATE NOD RECEIVED: June 21, 2012
DATE REPORT FILED: March 8, 2013
DAYS LATE: 239 days

ASSESSED LATE FEE: $1,500
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:
2009 - Waive the late fee since it appears the nod was not received.

2011 - decline to waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-970- Waiver Request