Meetings
 
Agenda Item
Docket No. 14-033
 
Print
RE:
Untimely waiver request submitted by Thomas Cade Benoit, a member of the Acadia Parish Police Jury, regarding a $2500 late fee assessed for filing his 2010 Tier 2 amendment annual pfd 170 days late and a $2500 late fee assessed for filing his 2010 Tier 2 amendment candidate pfd 170 days late.
Facts:
The waiver request was filed 3 days late.

Mr. Benoit filed Tier 2.1 forms instead of the required Tier 2 forms.

Attorney Brad Andrus submitted a waiver request on behalf of Mr. Benoit. Mr. Andrus states that it was not necessary for Mr. Benoit to file a 10 (G) report according to the candidates packet instructions. It appears that Mr. Andrus and Mr. Benoit are confusing the 2010 Annual and Candidate pfd reports with Campaign finance reports.

Mr. Andrus requests that Mr. Benoit be allowed to pay the $2500 late fee in installments of $10 per month as this is all he can afford to pay. On December 3, 2014, a request for supporting documentation was sent to Mr. Benoit. The deadline for submitting the information was January 2, 2014. On January 2, 2014, Mr. Andrus submitted a spreadsheet of income and expenses for a business called Country Seafood that Mr. Benoit owns.

Comments:
2010 Tier 2 Annual PFD (Amendment):

NOD-Amend issued: January 18, 2013

NOD-Amend received: January 28, 2013

PFD due: February 18, 2013

PFD filed: August 7, 2013

Days late: 170

Late Fee Assessed: $2,500

Late Fee Order Received: October 21, 2013

Payment or waiver request due: November 11, 2013

Waiver request received: November 14, 2013

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None



2010 Tier 2 Candidate PFD (Amendment):

NOD-Amend issued: January 18, 2013

NOD-Amend received: January 28, 2013

PFD due: February 18, 2013

PFD filed: August 7, 2013

Days late: 170

Late Fee Assessed: $2,500

Late Fee Order Received: October 21, 2013

Payment or waiver request due: November 11, 2013

Waiver request received: November 14, 2013

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

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:
2010 Tier 2 Annual: Suspend all but $1,500 based on future compliance, offer payment plan.

2010 Tier 2 Candidate: Suspend all but $1,500 based on future compliance, offer payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-033: Untimely Waiver Request