Meetings
 
Agenda Item
Docket No. 13-1145
 
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RE:
Untimely waiver request submitted by John Pourciau, a member of the Pointe Coupee Parish Police Jury, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd 309 days late; a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 309 days late; a $1,500 late fee assessed for filing his 2010 Tier 3 candidate pfd 97 days late; and a $1,500 late fee assessed for filing his 2011 Tier 3 annual pfd 49 days late.
Facts:
Mr. Pourciau submitted an untimely waiver request in connection with his 2009 and 2010 annual pfds. The request was submitted six (6) days late.

It was also determined that Mr. Pourciau had two other outstanding late fees in connection with his 2011 annual and 2010 candidate pfds. Mr. Pouciau never requested waivers in connection with these late fees. Demand letters had been issued, but returned unclaimed.

Mr. Pourciau states that he has already paid an $800 fine and that the staff told him he was up to date on his filings. This fine must be related to late filings involving campaign finance. There is no record of a paid or even assessed $800 late fee associated with personal financial disclosure.

No other reasons were given for either the untimely waiver requests or for his untimely filings. In total, Mr. Pourciau owes $6,000. It appears that all other reports have been filed. The next report due is his 2013 by May 15, 2014.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: October 20, 2011
DATE REPORT FILED: September 13, 2012
DAYS LATE: 309 days

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

TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: October 20, 2011
DATE REPORT FILED: September 13, 2012
DAYS LATE: 309 days

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

TYPE OF REPORT: 2010 Tier 3 Candidate Report (10/22/11 election)
DATE NOD RECEIVED: October 20, 2011
DATE REPORT FILED: February 14, 2012
DAYS LATE: 97 days

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

TYPE OF REPORT: 2011 Tier 3 Annual Report
DATE NOD RECEIVED: July 6, 2012
DATE REPORT FILED: September 13, 2012
DAYS LATE: 49 days

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







Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
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:
2013-1145- Untimely Waiver Request