Meetings
 
Agenda Item
Docket No. 15-348
 
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RE:
Waiver request submitted by Hayden A. Paul, Rapides Parish Constable - Ward 11, regarding a $2,500 late fee assessed for filing his 2012 Tier 2 Annual PFD 367 days late and a $700 late fee assessed for filing his 2012 Tier 2 Annual Amended PFD 9 days late.
Facts:


Mr. Paul failed to file his original 2012 Tier 2 annual and when filed, failed to accurately disclose his income by exact dollar figure. It was reported on Schedule E rather than Schedule D.


Mr. Paul states that due to health issues he resigned from his position in 2012. It appears a new constable was elected in November 2012. He also states that he is living on a disability pension and cannot afford to pay a fine. A request for supporting documentation was requested. No response was received.

Comments:
TYPE OF REPORT: 2012 Tier 2 Annual Report
DATE NOD RECEIVED: August 27, 2013 [Charlotte Paul signed green card]
DATE REPORT FILED: September 8, 2014
DAYS LATE FROM NOD: 367 days

DAYS LATE FROM INITIAL DUE DATE: 481 days


ASSESSED LATE FEE: $2,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None

TYPE OF REPORT: 2012 Tier 2 Annual Report (Amendment)
DATE NOD RECEIVED: December 22, 2014 [Charlotte Paul signed green card]
DATE REPORT FILED: January 13, 2015
DAYS LATE: 9 days
ASSESSED LATE FEE: $700
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None

Law:
La. R.S. 42:1124.2 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.
Recommendations:
2012 Annual - Suspend all but $1,000 based on future compliance with the reporting requirements under the Code of Ethics. The $1,000 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.

2012 Amendment - waive the late fee.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2015-348 - Waiver Request