Meetings
 
Agenda Item
Docket No. 13-1370
 
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RE:
A second request for reconsideration of a waiver request submitted by Keith C. Johnson, a member of Ringgold Town Council (Bienville Parish), regarding a $1500 late fee assessed for filing his 2010 Tier 3 annual pfd 480 days late and a $1500 late fee assessed for filing his 2011 Tier 3 annual pfd 245 days late.
Facts:
At the May 2014 meeting, the Board considered a reconsideration request submitted by Mr. Johnson. The Board, in regards to the 2010 pfd, suspended all but $500 based on future compliance which was payable within 30 days. In regards to the 2011 pfd, the Board declined to waive, but offered a payment plan.

Mr. Johnson received two letters, one for each pfd waiver result. Mr. Johnson submitted a check for $500. The disclosure department applied $250 to the 2010 pfd and $250 to the 2011 pfd. Demand letters were subsequently issued demanding payment of the outstanding amounts. Mr. Johnson states he was confused by the letters he received and thought he only needed to pay one payment of $500.

Past Information: Mr. Johnson is requesting reconsideration as he did not purposely mean not to file and was given bad advice. Mr. Johnson states that he teaches school for a living and cannot come up with this type of money to pay. He states that he is to pay $120/month for an oral surgery of which he is behind on the payments; he has to pay car insurance and helping with other expenses for his daughter who is a student at ULM; he has to pay $500/month for child support; he has to pay $200/month for insurance for himself and his child. He states it will be next to impossible to come up with $3,000 to pay the late fees. He is hoping for a payment plan as well as any reduction the board can give.



Initial Information:

Mr. Johnson states that he was unaware that he had to file the reports. He was told by someone that since he did not have a campaign nor raise funds that he did not have to report anything. Once he realized his mistake, he says he filed his 2010, 2011, and 2012 reports. He says there was no intent to hide anything.

According to our database, Mr. Johnson filed his 2009 candidate report, 2009, 2010, 2011, and 2012 annual reports all on the same day-- May 13, 2013.

Comments:
TYPE OF REPORT: 2010 Tier 3 Annual Report DATE NOD RECEIVED: December 22, 2011

DATE REPORT FILED: May 13, 2013

DAYS LATE: 480 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

TYPE OF REPORT: 2011 Tier 3 Annual Report

DATE NOD RECEIVED: August 20, 2012

DATE REPORT FILED: May 13, 2013

DAYS LATE: 245 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

Law:
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:
Affirm prior action of the Board.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1370- Waiver Request
2013-1370- Reconsideration Request
2013-1370- Additional Information
2013-1370- Reconsideration Request