Meetings
 
Agenda Item
Docket No. 13-1146
 
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RE:
Reconsideration of a untimely waiver request regarding a $2,500 late fee assessed against Dexter Brown for filing his 2009 Tier 2 annual pfd 355 days late; a $1,900 late fee assessed for filing his 2010 Tier 2 annual pfd 19 days late; and a $2,500 late fee assessed for filing his 2011 Tier 2 annual pfd 25 days late.
Facts:
At the September 2013 meeting, the Board considered a timely and untimely request for waivers of a total of $10,200 in late fees for the untimely filing of six (6) pfd reports. The Board waived $3,300 in late fees associated with the late filing of amendments.

The remaining $6,900 in late fees were associated with the late filing of annual reports for the years 2009, 2010, and 2011. The Board voted to suspend all but $6,000 of the $6,900.

Mr. Brown's counsel is requesting reconsideration as they both thought the Board suspended all but $900, thus requiring him only to pay $900. However, a recording of the Board meeting has been sent to Mr. Brown's counsel and has been reviewed by staff, and the Board clearly suspended all but $6,000 of the $6,900. No other reasons for the reconsideration were given.

Mr. Brown is current on all filings.

Initial Information:

Mr. Brown has a total of $10,200 in outstanding late fees. Mr. Brown's attorney states that Mr. Brown was confused by the form and how to complete the form. Mr. Brown states he checked a box for late filing, which he thought notified the Board that he would be late. Staff is not aware of such "box" on any pfd form and is unclear as to what Mr. Brown is referring.

No reasons were given for his untimely request for a waiver of some of the late fees.

Comments:
TYPE OF REPORT: 2010 Tier 2 Candidate Report (amendment)

DATE NOD RECEIVED: August 22, 2012

DATE REPORT FILED: March 28, 2013

DAYS LATE: 197 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2009 Tier 2 Annual Report

DATE NOD RECEIVED: July 29, 2011

DATE REPORT FILED: August 7, 2012

DAYS LATE: 355 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2010 Tier 2 Annual Report

DATE NOD RECEIVED: July 29, 2011

DATE REPORT FILED: September 6, 2011

DAYS LATE: 19 days

ASSESSED LATE FEE: $1,900

OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2011 Tier 2 Annual Report

DATE NOD RECEIVED: June 22, 2012

DATE REPORT FILED: August 7, 2012

DAYS LATE: 25 days

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2011 Tier 2 Annual Report (amendment)

DATE NOD RECEIVED: August 22, 2012

DATE REPORT FILED: September 20, 2013

DAYS LATE: 8 days

ASSESSED LATE FEE: $800

OTHER LATE FILINGS: yes

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. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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:
Affirm suspension of all but $6,000 based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1146- Waiver Request
2013-1146: Request for Reconsideration