| Untimely waiver request submitted by Jimmy Smith, a member of the Caddo Parish Board of Commissioners, regarding a $2,500 late fee assessed for filing his 2011 Tier 2 annual pfd 41 days late. |
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Mr. Smith requested a waiver for the 2011 Tier 2 annual late filing, which was filed 3 days late. A waiver request was not requested for his 2011 amended or 2012 amended pfds. Mr. Smith did not realize his waiver request was submitted late.
The amendment requested for the 2011 pfd was a result of filing the wrong tier initially. As such, it does not appear that the original report should have been accepted and only one late fee should have been assessed. Only one late fee should have been assessed in the amount of $2,500.
Mr. Smith states that he has suffered from memory loss and retention issues, which was in part caused by side effects of medications. Mr. Smith is currently under the care of a neurologist, Dr. Overdyke, who has submitted a letter stating such.
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TYPE OF REPORT: 2011 Tier 2 Annual Report
DATE NOD RECEIVED: March 25, 2013
DATE REPORT FILED: May 15, 2013
DAYS LATE: 41 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: Yes, see below.
TYPE OF REPORT: 2011 Tier 2 Annual Report (Amendement)
DATE NOD RECEIVED: July 5, 2013
DATE REPORT FILED: August 8, 2013
DAYS LATE: 23 days
ASSESSED LATE FEE: $2,300
TYPE OF REPORT: 2012 Tier 2 Annual Report (Amendment)
DATE NOD RECEIVED: July 5, 2013
DATE REPORT FILED: August 8, 2013
DAYS LATE: 23 days
ASSESSED LATE FEE: $2,300
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La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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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2011 Tier 2 annual - suspend all based on future compliance.
2011 Tier 2 amend - rescind
2012 Tier 2 annual - suspend all but $500 based on future compliance
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| Assigned Attorney: |
Tracy Barker |
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