Meetings
 
Agenda Item
Docket No. 13-1117
 
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RE:
Reconsideration of a waiver request submitted by Lucien Gauff, III, member of the St. John the Baptist Parish Council, regarding a $2,500 late fee assessed for filing his 2010 Tier 2 annual pfd 355 days late.
Facts:
New Information: Mr. Gauff asks for reconsideration due to not receiving the notice of delinquency or misplacement of the notice. The USPS track and confirm shows receipt at the address listed on Mr. Gauff's pfds. It appears he must have misplaced the notice of delinquency.

Mr. Gauff states that he did not have people in place to help him. He states that since appealing the late fee, he has paid the late fee, but is asking that it be waived. Staff has no matter involving an appeal of this late fee. Mr. Gauf did have other matters involving campaign finance. Mr. Gauff has been submitting $200 monthly payments towards the payment of his late fee.

Initial Information:



Mr. Gauff apologizes for his infraction and states that he has been in constant communication with our office. He states that he has tried to do everything to not be tardy with his forms. He states that he has appeared before our Board, filed an appeal, and is currently under a payment plan of $200/month. A review of the records show no other late fees associated with pfd filings. However, it appears that Mr. Gauff had several late filings involving campaign finance reports which resulted in late fees being assessed. According to campaign finance, Mr. Gauff has paid $2,600 in late fees and does not have anything outstanding.

Comments:
TYPE OF REPORT: 2010 Tier 2 Annual Report
DATE NOD RECEIVED: February 17, 2012
DATE REPORT FILED: February 27, 2013
DAYS LATE: 355 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

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:
Affirm decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1117- Waiver Request
2013-1117: Request the Reconsideration