Meetings
 
Agenda Item
Docket No. 14-032
 
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RE:
Untimely waiver request submitted by Perry Fleming, a member of the Mangham Board of Aldermen, Richland Parish, regarding a $300 late fee assessed for filing his 2012 Tier 3 annual pfd 6 days late.
Facts:
The deadline for requesting a waiver was November 14, 2013. It was filed on November 15, 2013. It was one day late.

Mr. Fleming states that he assumed that he only had to file during the election year. He receives $15 per month for the position as an Alderman. Mr. Fleming also states that the imposition of the late fee would cause a financial hardship. If the board declines to waive the fine, he requests a payment plan.

A request for supporting documentation was sent to Mr. Fleming on December 3, 2013. The deadline for submitting the information was January 2, 2014. As of this date, no supporting documentation has been submitted.

Comments:
2012 Tier 3 Annual PFD:

NOD-FF issued: August 23, 2013

NOD-FF received: August 31, 2013

PFD due: September 11, 2013

PFD filed: September 17, 2013

Days late: 6

Late Fee Assessed: $300

Late Fee Order Received: October 25, 2013

Payment or waiver request due: November 14, 2013

Waiver request received: November 15, 2013

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

Prior Late Fees Suspended/Waived: None

Law:
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:
Suspend all but $150 based on future compliance and offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-032: Untimely Waiver Request