| Reconsideration of an untimely waiver requested submitted by Joseph Jones, member of the Harbor and Terminal District of Morgan City, regarding a $1500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 407 days late. |
|
New Information:
Mr. Jones states that he is retired from Shell after 26 years of service. Mr. Jones states that he has volunteered for many organizations and churches. He states that he is currently working as a carpenter and his wife is a clerical worker. He also states that he is helping support his grandchildren who are presently attending college.
Mr. Jones is requesting a waiver because of all the time he has spent volunteering his time and because had he known he could be assessed a $1,500 fine for not filing a report, he would not have accepted the appointment. He also states the imposition would create a financial hardship due to his part-time employment and support of his grandchildren's educational needs. Mr. Jones did not understand the severity of this matter.
Initial Information:
Attorney Gerard Bourgeois, on behalf of Mr. Jones, untimely submitted a waiver request two days late.
Mr. Bourgeois says the imposition of the late fee would cause a financial hardship. On August 20, 2013 a request for supporting documentation was sent to Mr. Jones. The due date for submitting this information was September 19, 2013. On September 18, 2013 an additional letter was submitted by Mr. Jones stating that the fine will create an undue burden, he is living on a fixed income, and he is no longer on the Board. No supporting documentation has been provided.
On November 26, 2013, a letter was sent to an attorney on Mr. Jones' behalf requesting the supporting documentation. No response has been received.
|
|
TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: March 10, 2012
DATE REPORT FILED: May 10, 2013
DAYS LATE: 407 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
|
|
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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.
|
|
Suspend all but $500 based on future compliance. The $500 is payable within 30 days unless other payment arrangements are entered into within 30 days. Failure to pay within 30 days or enter into a payment within 30 days will result in the full amount becoming due and owing.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|