Meetings
 
Agenda Item
Docket No. 13-1380
 
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RE:
Waiver request submitted by Rex McCarthy, a member of the Winnsboro City Council, regarding a $1500 late fee assessed for filing his 2010 Tier 3 annual pfd 293 days late.
Facts:
Mr. McCarthy states that he did not timely file his report when it was due in May of 2011 because he was going through a divorce and was preoccupied with trying to keep his marriage and family together. He has submitted documentation of petition for divorce.

Mr. McCarthy also states he originally faxed his report after receiving the Notice of Delinquency in October of 2011. On November 14, 2013, a request had been made to our IT department to attempt to locate the fax from our server through the fax number Mr. McCarthy provided. The IT department was unable to locate a fax from the number Mr. McCarthy provided during the time period in which he says he sent it.

Comments:
TYPE OF REPORT: 2010 Tier 3 Annual Report

DATE NOD RECEIVED: October 27, 2011

DATE REPORT FILED: September 5, 2012

DAYS LATE: 293 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

Law:
La. R.S. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a 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:
Decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1380- Waiver Request
2013-1380- Fax Lookup