Meetings
 
Agenda Item
Docket No. 13-1298
 
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RE:
Waiver request submitted by Michael Long, a member of the Shreveport City Council, regarding a $2,500 late fee assessed for filing his 2010 Tier 2 annual pfd 657 days late.
Facts:
Mr. Long states that he vacated his elected office in November 2010 and sought guidance from the Ethics website as whether he was required to file any additional reports with the Board. He determined that he was required to file a 2010 Tier 2 pfd by May 15, 2011; however, he recalls reading something that indicated that he could obtain an extension if he filed for an extension for his 2010 federal tax return. What he did not recall is that he was required to send notice to the Board by May 15, 2011 notifying the Board of such extension, which he did not do. He remembers receiving the notice of delinquency on July 27, 2011 and also recalls completing the form, notarizing it on July 29, 2011 and mailing it in. However, he believes he must not have sent it by certified mail since he cannot find any evidence of a receipt of mailing. Mr. Long then states that he does not believe it was efficient that the next notice he received, the "second notice", was much later. He states that if someone had notified him that he did not respond within the 14 business day period, that he would have faxed the report right away.

Comments:
TYPE OF REPORT: 2010 Tier 2 Annual Report
DATE NOD RECEIVED: July 27, 2011
DATE REPORT FILED: June 3, 2013
DAYS LATE: 657 days

ASSESSED LATE FEE: $2,500
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:
Suspend all based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1298- Waiver Request