| Reconsideration of a waiver request submitted by Walter Roberts, a member of the Lisbon Board of Aldermen, Claiborne Parish, regarding a $1,500 late fee assessed for filing his 2012 Tier 3 annual pfd 323 days late. |
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Mr. Roberts has provided no new information. He again asserts that he received the NOD and called the office. There is no record of any call. In 2012, Mr. Roberts received a NOD requesting his 2011 Tier 3 candidate pfd in connection with the November 2012 election. It was filed within the 7 business day period. In 2013, Mr. Roberts received a NOD requesting his 2012 Tier 3 annual pfd. No response was received. Mr. Roberts received a "second notice." In response to this "second notice," Mr. Roberts filed a candidate pfd and received a non-compliant letter. He subsequently filed the correct annual pfd covering calendar year 2012 on August 13, 2014. However, at this time the 2012 Tier 3 annual pfd was already past due and incurring late fees. During the time of responding to the "second notice," Mr. Roberts did speak with staff. However, again, the 2012 pfd was already late.
Initial Information:
Mr. Roberts states that when he received the notice of delinquency, he called someone at the office whose name he does not recall. There is no record of a phone call in the disclosure or ethics section. Mr. Roberts states that the report he was calling about was a "candidate pfd" not an "annual pfd." Mr. Roberts, in 2012, did receive a notice of delinquency for his candidate pfd and may have called at that time.
When Mr. Roberts received a "second notice," there is a record of him calling the office to speak to someone regarding that notice.
Mr. Roberts states that he has tried to comply with the requirements. Mr. Roberts states that he only received $350 annually from the Town of Libson and the $1,500 late fee would create a financial hardship.
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TYPE OF REPORT: 2012 Tier 3 Annual Report
DATE NOD RECEIVED: September 13, 2013 (signed for by Tonya Roberts)
DATE REPORT FILED: August 13, 2014
DAYS LATE: 323 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 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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Affirm the Board's decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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