| Untimely waiver request submitted by Larry O. Powell, II, a member of the Tullos Board of Aldermen, regarding a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 296 days late. |
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The late fee order was issued on February 26, 2013. The waiver request was due by March 25, 2013. The waiver request was not submitted until May 24, 2013, after Mr. Powell received a demand letter. Mr. Powell states that he sent a waiver request on March 5, 2013, and enclosed a copy of this letter. The Board has no record of receiving this waiver request.
Mr. Powell states this imposition of this late fee will cause a financial hardship. He currently has some medical bills he is struggling to pay due to lack of insurance and income. He was recently laid off by the company he was working for. He and his wife also expended all of their savings, $37,000, towards the adoption of a child. Mr. Powell provided a copy of the legal bill.
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TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: January 24, 2012
DATE REPORT FILED: December 5, 2012
DAYS LATE: 296 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes, 2011 Tier 3 annual pfd, $650 late fee suspended by the Board at its February 2013 meeting.
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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.
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Suspend all but $500 based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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