Meetings
 
Agenda Item
Docket No. 13-886
 
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RE:
Untimely waiver request of Claude "Jay" Guidry, a member of the St. Landry Parish Council, regarding a $1,600 late fee assessed for filing his 2009 Tier 2 annual pfd 16 days late, a $1,600 late fee assessed for filing his 2010 Tier 2 annual pfd 16 days late; and a $800 late fee assessed for filing his 2012 Tier 2 annual pfd 8 days late.
Facts:
On March 27, 2012, two late fee orders were issued to Mr. Guidry for filing both his 2009 and 2010 pfd reports 16 days late. Mr. Guidry did not pay the late fees nor requested a waiver or appeal of the late fees. In January 2013, Mr. Guidry was issued two demand letters demanding payment of the late fees or offering him the option to enter into a payment plan. Mr. Guidry opted to enter into a payment plan for both late fees at a rate of $75 per month, per late fee (total of $150 per month). At this time, Mr. Guidry owes $1,350 on each late fee (total of $2,700).

Mr. Guidry is asking the Board to consider his financial hardship at this time as he does not have the funds to continue to meet the payment plans. Mr. Guidry states he cannot pay his personal bills at this time as he is hardly working due to people not needing the kind of work he does. Mr. Guidry states he cannot even pay his children's school tuition, buy food for the house, pay insurance for his business. Mr. Guidry has submitted copies of his outstanding bills.

Mr. Guidry is no longer in office.

Mr. Guidry timely requested a waiver the late fees associated with the 2012 Tier 2 annual pfd.

Comments:
TYPE OF REPORT: 2009 Tier 2 Annual Report
DATE NOD RECEIVED: February 7, 2012
DATE REPORT FILED: March 15, 2012
DAYS LATE: 16 days

ASSESSED LATE FEE: $1,600
OTHER LATE FILINGS: No

TYPE OF REPORT: 2010 Tier 2 Annual Report
DATE NOD RECEIVED: February 7, 2012
DATE REPORT FILED: March 15, 2012
DAYS LATE: 16 days

ASSESSED LATE FEE: $1,600
OTHER LATE FILINGS: No

TYPE OF REPORT: 2012 Tier 2 Annual Report
DATE NOD RECEIVED: August 17, 2013
DATE REPORT FILED: September 4, 2013
DAYS LATE: 16 days

ASSESSED LATE FEE: $1,600
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:
2009 - Suspend all of the remaining $1,350 late fee based on future compliance with the Code of Ethics.

2010 - Suspend all but $250 of the remaining $1,350 remaining late fee based on future compliance with the Code of Ethics.

2012 - Suspend all but $250 of the $800 late fee based on future compliance with the Code of Ethics.

Modify the payment plan to allow for payments of $25 per month.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-886- Waiver Request
Waiver request for 2012 pfd