Meetings
 
Agenda Item
Docket No. 13-1374
 
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RE:
Waiver request submitted by Terance Irvin, member of the Gonzales City Council, regarding a $2500 late fee assessed for filing his 2009 Tier 2 annual pfd 282 days late, $2500 late fee assessed for amending his 2009 Tier 2 annual-amendment pfd 227 days late, $2500 late fee assessed for amending his 2010 Tier 2 annual pfd-amendment 227 days late, and $2500 late fee assessed for amending his 2011 Tier 2 annual-amendment pfd 227 days late.
Facts:
Mr. Irvin claims that he submitted all of the reports timely but the income was reported on the wrong schedules.

A review of our database records indicate that the three reports needed to be amended because the income was reported on the incorrect schedule. However, the 2009 annual report was not timely filed as Mr. Irvin suggests. It was actually filed 282 days late.

The notice of delinquencies for all three amendments were received on the same day and amended on the same day. Mr. Irvin filed the amendments in response to a "second notice."

The Board has in the past waived late fees associated with the filing of amendments involving income reported on the wrong schedule.

His 2012 report has been filed and the income reported correctly.

Comments:
TYPE OF REPORT: 2009 Tier 2 Annual Report

DATE NOD RECEIVED: October 17, 2011

DATE REPORT FILED: August 12, 2012

DAYS LATE: 282 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: No

TYPE OF REPORT: 2009 Tier 2 Annual Report- Amendment (income reported on wrong Schedule)

DATE NOD RECEIVED: October 10, 2012

DATE REPORT FILED: June 14, 2013

DAYS LATE: 227 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: No

TYPE OF REPORT: 2010 Tier 2 Annual Report- Amendment (income reported on wrong schedule)

DATE NOD RECEIVED: October 10, 2012

DATE REPORT FILED: June 14, 2013

DAYS LATE: 227 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: No

TYPE OF REPORT: 2011 Tier 2 Annual Report- Amendment

DATE NOD RECEIVED: October 10, 2012

DATE REPORT FILED: June 14, 2013

DAYS LATE: 227 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: No

Law:
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.

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 report - waive the late fee

2009 amended - waive the late fee

2010 amended - waive the late fee

2011 amended - waive the late fee

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1374- Waiver Request