Meetings
 
Agenda Item
Docket No. 13-1108
 
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RE:
Untimely waiver request submitted by Joe Aswell, member of the Choudrant Board of Aldermen, regarding a $1,500 late fee assessed for filing a 2010 Tier 3 annual pfd 331 days late.
Facts:
Mr. Aswell was required to submit his request for a waiver by July 8, 2013. The request was not received until July 17, 2013 (mailed on July 15, 2013). No reasons were given as to lateness for the waiver request.

In connection with the waiver request, Mr. Aswell states that he does not recall received the January 24, 2012 notice of delinquency. However, the notice was sent to the same address as 2 other notices received as well as the address listed on the pfd. USPS Track and Confirm shows the notice delivered on January 24, 2012.

Also, Ms. Aswell states that he is 73 years old and does not know how to operate a computer. Mr. Aswell states that he was unaware of the requirement to file. Although, it should be noted that a 2009 Tier 3 candidate pfd was filed by Mr. Aswell in 2010.

Mr. Aswell's attorney asks that the Board waive these fees as he and the Village Clerk are now working with Mr. Aswell with the filing requirements and that he has already paid $1,500 for the late filing of his 2011 Tier 3 annual pfd.

Comments:
TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: January 24, 2012
DATE REPORT FILED: January 9, 2013
DAYS LATE: 331 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes, 2011 Tier 3 annual pfd, paid a $1,500 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 seven (7) business days after receipt of the notice of delinquency.

Recommendations:
Decline to consider for untimeliness.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1108- Untimely Waiver Request