Meetings
 
Agenda Item
Docket No. 13-1111
 
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RE:
Untimely waiver request submitted by Elizabeth Cooper, member of the Waterproof Board of Aldermen, regarding a $1,500 late fee assessed for filing her 2009 Tier 3 annual pfd 315 days late and a $1,500 late fee assessed for filing her 2010 Tier 3 annual pfd 315 days late.
Facts:
Ms. Cooper received two Late Fee Orders on April 23, 2013 giving her until May 13, 2013 to file a waiver request. Ms. Cooper signed the receipts for the Late Fee Orders. No waiver request was received. On June 18, 2013, Ms. Cooper received two demand letters stating she need to pay the late fees or collection action would be instituted. In response to the demand letters, Ms. Cooper filed this waiver request. Ms. Cooper stated that when she received the late fee orders, that she faxed a waiver request. A request was submitted to her requesting either a fax confirmation sheet or the number from where the fax was sent. No response was received.

In regards to the waiver request, Ms. Cooper states that she was unaware of the filing requirements. She states that either the previous Mayor gave bad advice stating they were not required to file or she just did not know she was required to file.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: February 13, 2012
DATE REPORT FILED: January 14, 2013
DAYS LATE: 315 days

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

TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: February 13, 2012
DATE REPORT FILED: January 14, 2013
DAYS LATE: 315 days

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



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 waive, offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1111- Untimely Waiver Request