| Waiver request submitted by John Paul Canik, a member of the Killian Board of Aldermen, Livingston Parish, regarding a $1500 late fee assessed for filing his 2011 Tier 3 annual pfd 141 days late. |
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Mr. Canik states that he was unaware he was required to file the pfd report because he does not receive compensation for the position and did not receive any campaign funds.
He also states the imposition of the late fee would cause a financial hardship. His family has been displaced since August 29, 2012 due to Hurricane Isaac. He states he lost an estimated $35,000 in contents alone. He also states he had emergency back surgery in December 2012 and undergoing treatment to regain function. His income has been reduced by 40% with short term disability.
Mr. Canik provides documentation of short term disability transition. On November 13, 2013, a request was sent for supporting documentation of the financial hardship, medical conditions, and rebuilding of his home. The deadline for submitting the information was December 13, 2013. On December 13, 2013, Mr. Canik submitted documentation of a spinal injection procedure, estimated loss of personal property due to flood, and documentation of proof of loss from FEMA.
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2011 Tier 3 Annual PFD:
NOD-FF issued: November 29, 2012
NOD-FF received: December 1, 2012
PFD due: December 20, 2012
PFD filed: May 10, 2013
Days late: 141
Late Fee Assessed: $1,500
Outstanding PFD Late Fees: None
Outstanding CF Late Fees: None
Outstanding Disclosure Reports: None
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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.
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Suspend all based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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