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Waiver request submitted by Tommy "T.J." Boothe, a former member of the Slaughter Board of Aldermen (East Feliciana Parish), regarding a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 33 days late. |
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Mr. Boothe was issued a Late Fee Order on February 3, 2012 giving him 30 days from the date of the letter to request a waiver or appeal the assessment. The Late Fee Order was transmitted by certified mail. According to Mr. Boothe's attorney, the certified mail was signed for by Mr. Boothe's estranged wife at the time who is now his ex-wife. The staff sent a demand letter to Mr. Boothe when payment was not received nor a waiver request submitted. The demand letter was returned "unclaimed." The staff filed a petition for collection with the 19th JDC.
On receipt of the petition, staff was contacted by Mr. Boothe's attorney seeking some type of relief. Mr. Boothe's attorney states that the address on the petition is "4619 LaBiche Rd., New Iberia" and not an address of Mr. Boothe. However, the staff has only used the "2831 Rush Street" address which was on record at the time the notices and pleadings were issued.
Mr. Boothe's attorney also states that at the time the notice of delinquency was served, Mr. Boothe was undergoing intense personal difficulties involving the dissolution of his marriage and the impending termination of his 28 year employment as a driver with Metso Paper USA, Inc. (formerly Wyesco). Mr. Boothe was quarreling and moving out of his home in November and December of 2011. By the beginning of 2012, Mr. Boothe was no longer living at his former home and his ex-wife signed for the Late Fee Order.
It was these unfortunate circumstances which led to the filing of his 2010 Tier 3 annual pfd 33 days late.
He is now seeking trucking work as an independent contractor. His divorce was finalized in August 2013 and he is now in the process of negotiating a property settlement with his former wife.
Mr. Boothe is no longer a public official and seeks to resolve this matter with the payment of just court costs. He has no outstanding reports to file.
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TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: November 7, 2011
DATE REPORT FILED: January 11, 2012
DAYS LATE: 33 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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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 but $250 based on future compliance plus pay court costs.
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| Assigned Attorney: |
Tracy Barker |
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