Meetings
 
Agenda Item
Docket No. 14-646
 
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RE:
Waiver request submitted by Anthony Baltakis, a member of the St. Landry Economic and Industrial Development District, regarding a $1,500 late fee assessed for filing his 2011 Tier 2.1 annual pfd 266 days late.
Facts:
Mr. Baltakis states that he did not willfully or knowingly fail to file his 2011 pfd. He states that at the time the nod was received, his wife was hospitalized for back surgery resulting from disabilities caused by polio. Mr. Baltakis submitted an affidavit from an attorney attesting to his wife's hospitalization and recovery as well as an email from his wife's doctor.

In addition, Mr. Baltakis states that he thought the letter was sent to him in mistake as he thought it referred to his 2012 pfd, which he had just sent in. However, when he received a second notice, he looked at the first notice more closely and realized it was seeking his 2011 and not 2012 pfd. Mr. Baltakis also states that he did not received his reminder from the District as usual as the District had recently fired the Executive Director and hire a new Executive Director.

He asks for a waiver for mistakenly disregarding the first notice and for the disarray of the District's office as well as the illness of his wife.

Comments:
TYPE OF REPORT: 2011 Tier 2.1 Annual Report
DATE NOD RECEIVED: May 3, 2013
DATE REPORT FILED: February 4, 2014
DAYS LATE: 266 days

ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR LATE FEES SUSPENDED/WAIVED: None

Law:
La. R.S. 42:1124.4 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.
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.

Recommendations:
Suspend all but $500 based on future compliance. The $500 is payable within 30 days unless other payment arrangements are made. If other payment arrangements are not made and payment is not received within 30 days, the full amount of the late fee becomes due and owing.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-646: Waiver Request