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Answer submitted by Edward Harris in response to a notice of delinquency issued requesting his 2010 Tier 3 annual pfd. |
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Edward Harris was elected to the position of Aldermen for the Town of Richwood on October 2, 2010. He was commissioned on October 12, 2010. He resigned from the position on October 27, 2010. R.S. 42:1124.3 requires filers to file each year they hold office as well as the year following the termination of their office.
Under a Tier 3 pfd, the only income required to be reported is income received from the state, a political subdivision, or in connection with services performed for a gaming licensee. Although Mr. Harris did not receive any income in 2010 from his elected position, prior to his election, he was employed with the Town of Richwood and received an income during 2010, which would be reportable on his annual pfd. As such, even though Mr. Harris served less than a month as Aldermen, he should file his 2010 Tier 3 annual pfd, which represents the pfd following the year of the termination of his office.
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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.
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Advise that Mr. Harris is required to file a 2010 Tier 3 annual pfd.
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| Assigned Attorney: |
Tracy Barker |
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