Meetings
 
Agenda Item
Docket No. 13-1104
 
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RE:
Answer filed by Robert Henderson, member of the Deferred Compensation Commission, regarding a notice of delinquency received requesting he file a 2011 Tier 2.1 annual pfd.
Comments:
Robert Henderson is a member of the Deferred Compensation Commission. A 2011 Tier 2.1 annual pfd was due on May 15, 2012. On May 25, 2013, he received a notice of delinquency requesting he file his 2011 Tier 2.1 annual pfd.

Mr. Henderson submitted an answer stating that the attorney for the board filed the forms for the members and usually send them in November or December. A review of the Board's records show that the majority of the other members on the board filed their 2011 pfds at different times ranging from April 11, 2012 through May 15, 2012. It does not appear that one person filed all reports or even some of the reports on behalf of the board members.

In addition, Mr. Henderson states that he completed a disclosure statement as Warden of the Paul Phelps Correctional Center. A review of the records show that he did not file any other personal financial disclosure statements for 2011. Mr. Henderson, in 2009, did file a statement that he had no contracts with the State of Louisiana as prohibited under R.S. 42:1113D.

Finally, Mr. Henderson stated that in October of 2011, he underwent brain surgery. However, he still maintains that he filed the report. Again, the report was due by May 15, 2012.

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:
Advise Mr. Henderson we have no record of receiving any 2011 Tier 2.1 annual pfd from him and that he is required to file the report and give him 7 business days to file said report.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1104- Answer