| Waiver request submitted by Michael R. McCartney, LaSalle Soil and Water Conservation District, regarding a $1,500 late fee assessed for filing his 2013 Tier 2.1 Annual PFD 32 days late. |
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Mr. McCartney states that he did file his 2013 disclosure statement on or about May 15, 2014; however, it was sent regular mail and he is unable to prove that it was filed timely. He further states that when the Notice of Delinquency was issued, he and his wife were out of state. He states that his sister (Karen McCartney) signed for the Notice; however, they returned subsequent to the seven business days allowed. Mr. McCartney submitted documentation evidencing that he was out of the state when the notice of delinquency was issued and did not return until after the due date.
Mr. McCartney also states that he sought assistance from the board's secretary; however, her husband passed on September 1, 2014 and was unable to provide prompt assistance.
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TYPE OF REPORT: 2013 Tier 2.1 Annual Report
DATE NOD RECEIVED: September 10, 2014 [signed green card by K. McCartney]
DATE REPORT FILED: October 21, 2014
DAYS LATE: 32 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. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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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Suspend all but $500 based on future compliance with the reporting requirements under the Code of Ethics. The $500 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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