| Waiver request submitted by Billy Merton Owens, a member of the Kilbourne Board of Aldermen, regarding a $500 late fee assessed for filing his 2011 Tier 3 annual pfd 10 days late. |
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Mr. Owens states when he received the board result letter from the July Board meeting on August 14, 2013, he immediately filled it out and returned it via fax. He also states that he works offshore for 2 weeks and is home for 2 weeks. He feels the fine should not have been ordered against him.
In response to the Notice of Delinquency sent on April 25, 2013, Mr. Owens submitted a statement stating he was not required to file his 2011 Tier 3 annual pfd because he resigned from his position on April 11, 2013. The Board concluded at its July meeting that Mr. Owens is required to file. The staff sent Mr. Owens a result letter stating he must file within 7 days of receiving the notice. According to the USPS website, our certified letter sent on July 29, 2013 was received on July 31, 2013. The report was received August 19, 2013. It was 10 days late.
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TYPE OF REPORT: 2011 Tier 3 Annual Report
DATE NOD RECEIVED: May 9, 2013
DATE REPORT FILED: August 19, 2013
DAYS LATE: 10 days
ASSESSED LATE FEE: $500
OTHER LATE FILINGS: No
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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.
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Suspend all based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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