| Reconsideration of a waiver request submitted by William Underwood, III, a Constable for Terrebonne Parish, regarding a $2,300 late fee assessed for filing his 2013 Tier 2 annual pfd 23 days late. |
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The Board declined to waive the late fee at a prior board meeting. Mr. Underwood now asserts that he timely mailed the pfd around May 15, 2014, but he has no proof of mailing. He states that he attempted to mail it more than once, twice by regular mail and once by certified mail. However, the dates of mailing are not included nor is a certified mail receipt. Mr. Underwood also asserts that he spoke with staff during May 2014; however, staff has no record of any conversation with Mr. Underwood during May 2014.
Mr. Underwood was personally served with a NOD by State Police on August 23, 2014. Mr. Underwood states that he was unable to respond to the NOD because he had to go off shore to provide for his family. However, staff's first record of speaking with Mr. Underwood was on August 27, 2014 regarding his receipt of the NOD. Staff informed him that we did not receive his pfd that he allegedly mailed earlier and that he had 7 business days to file the pfd without penalty. The pfd was due by September 3, 2014. Staff did not receive the pfd until September 26, 2014. The next date staff spoke with Mr. Underwood was on November 10, 2014 regarding his filing a waiver request.
Mr. Underwood also states that he is a highly decorated disabled combat veteran and has spent more time overseas than in this country. He feels like the Board is treating him like a criminal. He states that he now has a wife and three kids and does not make $100 a day like the fine the Board is trying to charge him. He does not know how the Board feels it is right to fine him when he has been trying to get the pfd to the Board.
Initial Information:
Mr. Underwood states that he was 23 days late because he was offshore conducting services.
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TYPE OF REPORT: 2013 Tier 2 Annual Report
DATE NOD RECEIVED: August 23, 2014 (personally served by state police)
DATE REPORT FILED: September 26, 2014
DAYS LATE: 23 days
ASSESSED LATE FEE: $2,300
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 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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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