Meetings
 
Agenda Item
Docket No. 13-1290
 
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RE:
Waiver request submitted by David Courtney, a member of the Capital District Law Enforcement Planning Council, regarding a $1,500 late fee for filing his amended 2009 Tier 2.1 405 days late.
Facts:
Mr. Courtney states that he was not aware of the filing requirements when he was appointed to the board in mid 2008. When he was notified of the failure to file, he immediately filed the report; however, the report failed to disclose his and his spouse income form political subdivisions by exact dollar figure. Mr. Courtney states that he does not remember receiving the notice of delinquency and questions whether it was sent to the Zachary Police Department after his resignation. A review of the address shows that the notice of delinquency was sent to his home address.

Mr. Courtney states that he was ignorant of the laws, but that it also took a while before he was notified of his late filing.

Comments:
TYPE OF REPORT: 2009 Tier 2.1 Annual Report (Amended)
DATE NOD RECEIVED: December 21, 2011 (original report filed on April 26, 2011)
DATE REPORT FILED: February 26, 2013
DAYS LATE: 405 days

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

Law:
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.
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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.

Recommendations:
Suspend all but $500 based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1290- Waiver Request