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Second request for reconsideration of a waiver request submitted by Gerard Frey, a member of the Acadia Soil & Water Conservation District, regarding a $1,500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 364 days late. |
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Gerard Frey is making another request for reconsideration after speaking with staff stating he never received the letter requesting supporting documentation for his financial hardship. The request was sent to his home address. In his request for reconsideration, he ask that all correspondence be sent to the office address of the Acadia Soil & Water Conservation District.
Mr. Frey states that both he and his wife suffer from numerous health issues. He states that he has undergone multiple surgeries and has still given his uncompensated, except a $30 per diem, time to his community to serve on these boards. He has renal failure and a kidney transplant. In the last couple of years, he states that he has paid out over $200,000 in out-of-pocket medical expenses. He says he has current costs of approximately $50,000/year for his share of medications and insurance.
No copies of bills or medical records were submitted.
Initial information:
Gerard Frey is a member of the Acadia Soil & Water Conservation District. Mr. Frey states that he mailed it in timely when he received the letter and assumes it must have gotten lost in the mail. No proof or other documentation was submitted in connection with his assertion that it was mailed on time. He asked the fee be waived since he has timely filed all other reports.
Mr. Frey also states that this would create a financial hardship. Supporting documentation has been requested and, if received, provided at the Board meeting.
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TIER: 2.1
TYPE OF REPORT: 2009 Annual Report
DATE NOD RECEIVED: March 31, 2011
DATE REPORT FILED: April 18, 2012
DAYS LATE: 364
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 fourteen (14) 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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Suspend all but $1,000 based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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