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Reconsideration of a waiver request submitted by Johnny Mathews, a member of the East Hodge Board of Aldermen, Jackson Parish, regarding a $1,500 late fee assessed for filing his 2011 Tier 3 annual pfd 261 days late. |
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At the October 2014 meeting, the Board suspended all but $500 based on future compliance, the $500 was payable within 30 days.
Mr. Mathews states he does not understand how the Board received another Alderman's pfd but not his. He states that the clerk faxed the pfd the same day. The IT Department has conducted a thorough fax search and did not find any fax containing Mr. Mathews pfd when he states it was faxed.
Initial Info:
Mr. Mathews state that he faxed the report but has no proof. The IT Department performed a fax search and only found one fax from Mr. Mathews in September 2013 of his 2012 Tier 3 annual pfd. No fax was found of his 2011 Tier 3 annual pfd.
Mr. Mathews also states that the imposition of the late fee would create a financial hardship. In response to a request for supporting documentation, Mr. Mathews submitted an Affidavit of In Forma Pauperis that he completed. The affidavit states that Mr. Mathews is 79 years old and that he is currently unemployed. However, he states in one section that his monthly income is $650 and in another section states it is $6,300 ( I am assuming that this was an error). He also states that he receives $1,450 in social security income.
Mr. Mathews' term ends on December 31, 2014 and he did not qualify to run in the November election.
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TYPE OF REPORT: 2011 Tier 3 Annual Report
DATE NOD RECEIVED: May 3, 2013
DATE REPORT FILED: January 30, 2014
DAYS LATE: 261 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
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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 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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Affirm Board's prior action.
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| Assigned Attorney: |
Tracy Barker |
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