Meetings
 
Agenda Item
Docket No. 13-1362
 
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RE:
Waiver request submitted by James W. Scarborough, a member of the Natchitoches Parish Council, regarding a $1500 late fee assessed for filing his 2011 Tier 2 candidate pfd 160 days late.
Facts:
Mr. Scarborough timely filed a 2011 Tier 3 candidate pfd; however, when his parish moved to a Home Rule Charter, he was required to file a Tier 2 pfd.
During the period that Mr. Scarborough should have amended his report to the right Tier, his wife was in the hospital for several month before her passing on January 11, 2013. The death certificate was provided. Ms. Donna Baker, on behalf of Mr. Scarborough, states that there was some confusion in the tier that Mr. Scarborough should have filed. She states that the office staff instructed her to file a Tier 3 report and it was timely filed. Ms. Baker states that due to the events in Mr. Scarborough's life, he must have failed to give her the notice of delinquency to amend his report.

Comments:
TYPE OF REPORT: 2011 Tier 2 Candidate Report - Amendment

DATE NOD RECEIVED: November 13, 2012

DATE REPORT FILED: May 14, 2013

DAYS LATE: 160 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

Law:
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.

Recommendations:
Waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1362- Waiver Request (Agenda)