Meetings
 
Agenda Item
Docket No. 15-119
 
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RE:
Waiver request submitted by Vergil J. Sandifer, Ponchatoula City Council - Tangipahoa Parish, regarding a $1,500 late fee assessed for filing his 2012 Tier 3 Annual PFD 378 days late.
Facts:
Ms. McCord, on behalf of Mr. Sandifer, stated that the disclosure statement was not timely filed because Mr. Sandifer thought that the forms and/or reminders to file would be sent by this agency. Ms. McCord goes on to state that Mr. Sandifer does not have the campaign funds to pay the late fee imposed. Ms. McCord states that processes have been put into place to avoid this in the future.

Mr. Sandifer did receive a reminder via the notice of delinquency, which he personally signed the green card evidencing receipt. Further, Mr. Sandifer has been filing this pfd since his 2009 pfd, so he was aware of the requirement to file annually. In addition, campaign funds cannot be used to pay ethics fines; therefore, his lack of campaign funds is irrelevant.

Comments:
TYPE OF REPORT: 2012 Tier 3 Annual Report
DATE NOD RECEIVED: August 26, 2013 [personally signed green card]
DATE REPORT FILED: September 18, 2014
DAYS LATE: 378 days
ASSESSED LATE FEE:
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
Law:
La. R.S. 42:1124.3 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:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
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