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Appearance in connection with a waiver request submitted by Franklin Kyle, a member of the State Police Commission, regarding a $1,500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 338 days late. |
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Mr. Kyle was appointed to the State Police Commission in September 2010 and not aware of the requirements to file personal financial disclosure statements. In April 2012, when he received the notice of delinquency, a 2011 pfd was filed. According to the database, the 2011 pfd was filed on April 27, 2012. Mr. Kyle had delegated the filing of his report to office staff has work was very busy and he was still dealing with health issues. According to Mr. Kyle's attorney and medical statements submitted, Mr. Kyle spent three months at MD Anderson in Houston prior to January 2012. In January 2012, he underwent his first surgery. Mr. Kyle had a second surgery in February 2012, then continued treatments through May 2012.
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TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: April 18, 2012
DATE REPORT FILED: April 11, 2013
DAYS LATE: 338 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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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.
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.
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Based on Mr. Kyle's medical condition at the time the notice of delinquency was received, the late fee should be rescinded pursuant to Rule 1205B(2) of the Rules for the Louisiana Board of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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