Meetings
 
Agenda Item
Docket No. 13-409
 
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RE:
Reconsideration of an untimely waiver request submitted by Alvin Jackson, the Mayor of Richwood (Ouachita Parish), regarding a $1,500 late fee assessed for filing his 2010 Tier 3 Candidate pfd 134 days late.
Facts:
New Information: At the November 2013 meeting, the Board declined to waive the $1,500 late fee associated with the 2010 Tier 3 candidate pfd.

Mr. Jackson states that he mailed the initial request timely, but that it was mailed to the wrong department.

Mr. Jackson is also seeking a waiver or reduction based on financial hardship. He states he cannot pay this debt at this time. A request for supporting documentation was issued and due by March 7, 2014. No response was received prior to the matter being docketed but has now been received and being presented to the Board for its consideration.

Mr. Jackson states that his daughter died in 2011 immediately following the birth of her son who Mr. Jackson now has full financial responsibility to care for. Mr. Jackson also has another daughter who currently attends University of LA at Monroe and previously attended Wiley College in Texas. Although part of her tuition was paid for, Mr. Jackson had to cover the remaining tuition at both colleges. He also has another daughter who is a sophomore in high school. Mr. Jackson states he is the only working parent in his household and is financially responsible for 5 dependents.


Initial Information:



Mr. Jackson is seeking this waiver because he thought he was already granted a waiver for all late fees because he received several late fee assessments at the same time. However, Mr. Jackson was assessed late fees in connection with the late filing of campaign finance reports and requested a waiver in connection with those late fees. This is the first waiver request in connection with a pfd late fee. The Board, at the August 17, 2012 meeting, reduced $1,760 in late fees to $250. These late fees have been paid.

Comments:
TYPE OF REPORT: 2010 Tier 3 Candidate Report (March 24, 2012 election)

DATE NOD RECEIVED: January 9, 2012
DATE REPORT FILED: June 12, 2012
DAYS LATE: 134 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes. 2010 Tier 3 annual, 2 days late, paid $100 late fee. At the November 2013 meeting, the board suspended all of the $1,500 late associated with the 2009 Tier 3 annual pfd.



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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
2010 candidate report - suspend all but $500 based on future compliance. Offer a payment plan.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-409- Staff Memo
2013-409- 2010 PFD waiver documents
2013-409- Reconsideration Request