Meetings
 
Agenda Item
Docket No. 13-1283
 
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RE:
Waiver request submitted by Joseph Vernon Semien, former Church Point Police Chief, regarding a $1500 late fee assessed for filing his 2009 Tier 3 candidate pfd 926 days late.
Facts:
Mr. Semien states that when he qualified for the position he was told that he was not required to file the pfd. He says that he contacted the agency and requested a form. He never received the form. After some time, he spoke with someone else and received a form. Mr. Semien thought that completing the form rectified the problem and late fees would not be assessed. He also states that he cannot afford to pay the $1500 fine. There are no comments from staff stating that he called or asked for forms to be filed.

On July 31, 2013, a request for supporting documentation of the financial hardship was sent to Mr. Semien. The deadline for submitting the information was August 14, 2013. On August 5, 2013 he called and spoke with the Disclosure Director, Robin Gremillion. He says he does not have any documentation to support his claim of financial hardship. On September 4, 2013 Mr. Semien submitted additional information. He submitted his application confirmation for social security benefits dated from August 15, 2013.

Comments:
TYPE OF REPORT: 2009 Tier 3 Candidate Report (10/2/2010 election)

DATE NOD RECEIVED: October 5, 2010

DATE REPORT FILED: May 8, 2013

DAYS LATE: 926 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.

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:
2013-1283- Waiver Request