| Waiver request submitted by Leroy Kelly, a member of the Clayton Board of Aldermen, Concordia Parish, regarding a $600 late fee assessed for filing his 2012 Tier 3 annual pfd 12 days late. |
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Mr. Kelly states that after he receive the notice of delinquency, he called the office and requested the tier 3 form mailed to him. He says he waited 7-10 days, he called the office again because he hadn't received the form. Staff informed him that the form had been mailed on two different occasions, but to the wrong address. While waiting for the form to be mailed a third time, another public official told him that he had a form for him to file out. He then filled out the tier 3 report and faxed it to the office.
A review of our records indicate that Mr. Kelly called the office on September 12, 2013 and the form was mailed to him at the address that he provided. On September 23, 2013, Mr. Kelly called again and the form was mailed to him again. On September 27, 2013, the mailed form returned to the office. It was marked by USPS as "no such number".
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2012 Tier 3 Annual PFD:
NOD-FF issued: August 23, 2013
NOD-FF received: September 10, 2013
PFD due: September 19, 2013
PFD filed: October 1, 2013
Days late: 12
Late Fee Assessed: $600
Outstanding PFD Late Fees: None
Outstanding CF Late Fees: None
Outstanding Disclosure Reports: None
Prior Late Fees Suspended/Waived: 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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| Assigned Attorney: |
Tracy Barker |
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