| Waiver request submitted by Philip Bell, a member of the St. Mary Port and Harbor Terminal District, regarding a $500 late fee assessed for filing his 2011 Tier 2.1 annual pfd 10 days late. |
|
Mr. Bell states that he mailed the original 2011 report timely via USPS. Staff asked for documentation and he could not provide documentation to support it. Mr. Bell also states that the certified Notice of Delinquency that was sent on April 30, 2013 was accepted by a third party without authorization. He says he was in New Orleans during that time and returned on June 3rd. Mr. Bell states that he called the office on May 30th and spoke with someone regarding the certified letter. He submitted the report the next day. Mr. Bell also states that he serves on the Commission without compensation.
On October 15, 2013, correspondence was sent to Mr. Bell requesting documentation that he timely submitted his 2011 pfd before the May 15, 2012 deadline or that it was mailed within seven business days of May 10, 2013. The correspondence also requested that he identify who signed the certified mail on May 10, 2013 and if they reside at 216 Morris Street, Franklin, LA 70538. No response has been received.
According to the database records, the first phone call that was logged was on June 24, 2013. He spoke with the staff regarding the late fee assessment letter. The first late fee assessment letter was sent on June 14, 2013. The USPS attempted delivery but it was eventually unclaimed. On the June 25, 2013 phone conversation, Mr. Bell states he is in Costa Rica and has no one to receive mail on his behalf. The staff then sent the late fee assessment through regular mail and certified mail.
|
|
TYPE OF REPORT: 2011 Tier 2.1 Annual Report
DATE NOD RECEIVED: May 10, 2013
DATE REPORT FILED: May 31, 2013
DAYS LATE: 10 days
ASSESSED LATE FEE: $500
OTHER LATE FILINGS: No
|
|
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.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|