Meetings
 
Agenda Item
Docket No. 13-1100
 
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RE:
Untimely waiver request submitted by James Goode, Jr., former Mayor of Sicily Island (Catahoula Parish), regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd 640 days late and a $1,500 late fee assessed for filing his 2009 Tier 3 candidate pfd 640 days late.
Facts:
The Board previously considered this matter and declined to waive with a payment plan. Additional information was received prior to the board meeting but inadvertently was not presented to the Board. Mr. Goode submitted an IRS tax document supporting his claim of financial hardship.

Info previously considered:

The waiver request was filed 21 days late and no reason was given as to why the waiver request was filed late.

Mr. Goode states that he was not required to file these reports until his last year in office and that he did not understand the change in the laws. He also states that in 2009, he was forced to quit farming due to repeated losses. He also states that he was injured in a farming accident, which required back surgery in 2006, 2007, and 2009. Mr. Goode states that he cannot pay the late fees due to the bills and debts he has each month to pay. He states that he is currently paying off farming debts over a ten year period. Supporting documentation was requested.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: September 27, 2010
DATE REPORT FILED: July 16, 2012
DAYS LATE: 640 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TYPE OF REPORT: 2009 Tier 3 Candidate Report (10/2/2010 election)
DATE NOD RECEIVED: September 27, 2010
DATE REPORT FILED: July 16, 2012
DAYS LATE: 640 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No



Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
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:
2009 Tier 3 candidate - suspend all but $250 based on future compliance with a payment plan.

2009 Tier 3 annual - suspend all but $250 based on future compliance with a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1100- Waiver Request