Meetings
 
Agenda Item
Docket No. 14-564
 
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RE:
Waiver request submitted by Patrick Johnson, a member of the Assumption Parish Police Jury, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd 536 days late; $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 478 days late; $1,500 late fee assessed for filing his 2010 Tier 3 candidate pfd 478 days late; and an untimely waiver request regarding a $1,500 late fee assessed for filing his 2011 Tier 3 annual pfd 232 days late.
Facts:
Mr. Johnson states that he thought he was exempt from filing since he represented a voting district with a population of less than 5,000.

Mr. Johnson was personally served by state police with all notices of delinquency.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report

DATE NOD RECEIVED: January 8, 2012

DATE REPORT FILED: July 19, 2013

DAYS LATE: 536 days

ASSESSED LATE FEE: $1,500

TYPE OF REPORT: 2010 Tier 3 Annual Report

DATE NOD RECEIVED: March 8, 2012

DATE REPORT FILED: July 19, 2013

DAYS LATE: 478 days

ASSESSED LATE FEE: $1,500

TYPE OF REPORT: 2010 Tier 3 Candidate Report (October 22, 2011 election)

DATE NOD RECEIVED: March 8, 2012

DATE REPORT FILED: July 19, 2013

DAYS LATE: 478 days

ASSESSED LATE FEE: $1,500

TYPE OF REPORT: 2011 Tier 3 Annual Report

DATE NOD RECEIVED: November 6, 2012

DATE REPORT FILED: July 19, 2013

DAYS LATE: 232 days

ASSESSED LATE FEE: $1,500

OUTSTANDING PFD LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR LATE FEES SUSPENDED/WAIVED: None

Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
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:
2009 pfd - decline to waive, offer payment plan

2010 pfd - decline to waive, offer payment plan

2010 candidate pfd - decline to waive, offer payment plan

2011 pfd - decline to waive, offer payment plan

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-564: Waiver Request