Meetings
 
Agenda Item
Docket No. 13-1097
 
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RE:
Untimely waiver request submitted by Errol Domingues, member of the Vermilion Parish Police Jury, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd 491 days late; a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 491 days late; a $1,500 late fee assessed for filing his 2010 Tier 3 candidate pfd 491 days late; and a $1,500 late fee assessed for filing his 2011 Tier 3 annual pfd 230 days late.
Facts:
No reasons are given as to the untimeliness of the waiver request. The deadline to request a waiver or pay was May 16, 2013. The waiver request was not received until June 6, 2013.

Mr. Domingues has $6,000 in outstanding late fees. He states that he is a self-employed full-time sugar cane farmer. He states that he had numerous personal health matters during the reporting period, including major surgery and hospitalization for an accident on his farm. Supporting documentation was requested. No response was submitted.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: October 5, 2011
DATE REPORT FILED: February 27, 2013
DAYS LATE: 491 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: October 5, 2011
DATE REPORT FILED: February 27, 2013
DAYS LATE: 491 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2010 Tier 3 Candidate Report (October 22, 2011 election)
DATE NOD RECEIVED: October 5, 2011
DATE REPORT FILED: February 27, 2013
DAYS LATE: 491 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2011 Tier 3 Annual Report
DATE NOD RECEIVED: June 23, 2012
DATE REPORT FILED: February 28, 2013
DAYS LATE: 230 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes







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.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1097- Waiver Request
2013-1097- USPS Document (date waiver request mailed)