Meetings
 
Agenda Item
Docket No. 13-951
 
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RE:
Waiver request submitted by Edwin Guchereau, a member of the Workforce Investment Board #82, regarding a $1,500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 323 days late.
Facts:
Mr. Guchereau states that when it was brought to his attention in March 2013 that he did not file the required report in 2011, he immediately submitted the form. Mr. Guchereau thought the 2011 report was the first report required of him. He has served on the board since 2001. He states the error was not malicious or an attempt to try to do something illegal. Mr. Guchereau receives no compensation for his service other than travel to and from meetings. He has been involved in education for the past 43 years and is aware of the importance of ethics and has not used his office for personal gains.

The 2011 report was not the first report filed by Mr. Guchereau. He also filed a 2009 report in 2010 with an amendment to said report in April 2011. The 2010 report would have been due in May 2011.

The notice he refers to in March 2013, was actually sent in February 2013 and was a "second notice."



Comments:
TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: March 29, 2012
DATE REPORT FILED: March 8, 2013
DAYS LATE: 323 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:
Decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-951- Waiver Request
2013-951- track and confirm