Meetings
 
Agenda Item
Docket No. 13-1273
 
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RE:
Waiver request submitted by Charles Zalfen, a West Baton Rouge Parish Constable, regarding a $2500 late fee assessed for filing his 2009 Tier 2 annual pfd 790 days late, a $2500 late fee assessed for filing his 2010 Tier 2 annual pfd 410 days late, and a $2500 late fee assessed for filing his 2011 Tier 2 annual pfd 299 days late.
Facts:
In total, Mr. Zalfen owes $7,500.

Mr. Zalfen states he relied on his fiance to file the appropriate reports and she failed to do so. He assumed she had taken care of everything, along with other financial duties. He understands that ultimately it was his responsibility. Mr. Zalfen also states that the imposition of the late fee would cause a financial hardship.

On July 29, 2013, a request for supporting documentation was sent to Mr. Zalfen. The deadline for submitting the information was August 12, 2013. On that date, Mr. Zalfen submitted copies of his paycheck stubs to reflect that he could not afford the pay the fine. It appears he receives approximately $1,706.83 per month.

Comments:
2009 Tier 2 Annual PFD:

NOD-FF issued: January 20, 2011

NOD-FF received: February 1, 2011

PFD due: February 23, 2011

PFD filed: April 23, 2013

Days late: 790 days

Late Fee Assessed: $2,500

2010 Tier 2 Annual PFD:

NOD-FF issued: February 15, 2012

NOD-FF received: February 18, 2012

PFD due: March 9, 2012

PFD filed: April 23, 2013

Days late: 410 days

Late Fee Assessed: $2,500

2011 Tier 2 Annual PFD:

NOD-FF issued: June 6, 2012

NOD-FF received: June 8, 2012

PFD due: June 28, 2012

PFD filed: April 23, 2013

Days late: 299 days

Late Fee Assessed: $2,500

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: NonePrior Late Fees Suspended/Waived: None



Law:
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:
2009 Tier 2 pfd - waive the late fee

2010 Tier 2 pfd - suspend all based on future compliance

2011 Tier 2 pfd - decline to waive and offer a payment plan

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1273- Waiver Request