Meetings
 
Agenda Item
Docket No. 14-359
 
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RE:
Waiver request submitted by Jeff Kershaw, a member of the West Baton Rouge Parish Council, regarding a $350 late fee assessed for filing his 2012 Tier 3 annual pfd 7 days late.
Facts:
Mr. Kershaw states he is remorseful and now understands that he was required to file the 2012 Tier 3 annual pfd. He assumed that he left office on December 31, 2011, he was not required to file. The Secretary of State's website provides that his office ended on January 9, 2012. The position was later filled in January.

He says he received the NOD-FF on January 22, 2014 by personal service by the State Police and it sat on his desk the next day. The winter storm hit on January 24. Roads, schools, and state offices were closed. He returned to his office on February 3rd and the notice was not a priority. He emailed the disclosure director on February 6th. Given the unusual weather conditions at the time, he asks for leniency. He believes the fine is punitive and does not believe the laws were designed to be so. Because there was no intent of wrong doing, he believes the fine serves no purpose.

Comments:
NOD-FF issued: January 2, 2014

NOD-FF received: January 22, 2014

PFD due: January 31, 2014

PFD filed: February 7, 2014

Days late: 7 days

Late Fee Assessed: $350

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

Prior Late Fees Suspended/Waived: None

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 seven (7) business days after receipt of the notice of delinquency.

Recommendations:
Suspend all based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-359: Waiver Request