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Untimely reconsideration of a waiver request submitted by Benjamin Ruiz, constable for St. Bernard Parish, regarding a $2,500 late fee assessed for filing his 2011 Tier 2 annual pfd 38 days late. |
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New Information:
The request for reconsideration was due by October 24, 2013. It was filed on November 8, 2013.
Mr. Ruiz states that he thought the financial disclosure he was dealing with was the one sent out yearly from the attorney general's office. (I think Mr. Ruiz means the Legislative Auditor.) Mr. Ruiz states that it was just an oversight and that it was not done purposely.
Mr. Ruiz also states that he and is wife are not wealthy people and paying the late fee will create a financial hardship. Mr. Ruiz states that he suffered a $36,000 loss in damages suffered in Hurricane Isaac in 2012 and a $10,000 loss in damages during Hurricane Gustave. Mr. Ruiz states that he had to satisfy a $17,000 deductible on his insurance. Supporting documentation was submitted.
To pay the late fee, he will either have to make a withdrawal from his 401K or make monthly payments of $100.
Initial Information:
Mr. Ruiz thought the certified mail letter he signed for involved something else and that the forms and letter overlapped so he disregarded the letter. Also, he states that since the registered voters is less than 5,000, he is not required to file a Tier 2. However, Tier levels are determined by population not registered voters.
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TYPE OF REPORT: 2011 Tier 2 Annual Report
DATE NOD RECEIVED: April 5, 2013
DATE REPORT FILED: May 24, 2013
DAYS LATE: 38 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
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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.
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Suspend all but $500 based on future compliance and offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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