Meetings
 
Agenda Item
Docket No. 13-1307
 
Print
RE:
Untimely Waiver request submitted by Floyd Truehill, a member of the Napoleonville Board of Aldermen, (Assumption Parish) regarding a $1500 late fee assessed for filing his 2009 Tier 3 candidate pfd 210 days late and timely waiver request regarding a $1500 late fee assessed for filing his 2010 annual pfd 239 days late.
Facts:
The request was filed 4 days late for the 2009 pfd. No waiver request was received for the 2010 pfd.

Mr. Truehill states he has been incarcerated and on a fixed income. The fixed income has stopped because he has been incarcerated. No dates of the incarceration were given. He also states that he suffers from limited mobility with gout and diabetes.

On December 13, 2013, a request for supporting documentation of the medical conditions was sent to Mr. Truehill. The deadline for submitting the information is January 13, 2014. No response has been received.

Comments:
TYPE OF REPORT: 2009 Tier 3 Candidate Report (October 2, 2010 election)

DATE NOD RECEIVED: September 23, 2012

DATE REPORT FILED: May 9, 2013

DAYS LATE: 210 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

TYPE OF REPORT: 2010 Tier 3 Annual Report

DATE NOD RECEIVED: August 22, 2012

DATE REPORT FILED: May 9, 2013

DAYS LATE: 239 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:
2009 Tier 3 candidate - waive the late fee.

2010 Tier 3 annual - decline to waive and offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1307- Untimely WR and Disclosure Statement