| Reconsideration of the Board's denial of a waiver request submitted by William Reily, former member of the East Baton Rouge Parish Gas Utility District #1, regarding a $1,500 late fee assessed for filing his 2012 Tier 2.1 Annual PFD 236 days late. |
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Mr Reily states that he did not receive the notice of delinquency and he should not be assessed a late fee. Mr. Reily clearly signed the green card.
Original Information:
Mr. Reily states he did not receive the notice of delinquency on January 14, 2014; however, the green card shows he personally signed it. He also states that employees at the district filed the disclosure statement for the members. He was under the impression that his disclosure statement covering calendar year 2012 was filed. He says that the gas utility district was going through a lot of turmoil in 2012 and that may have been why the disclosures were not filed. However, this pfd was due in May 2013, the pfd due the year following termination of office.
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TYPE OF REPORT: 2012 Tier 2.1 Annual PFD Report
DATE NOD RECEIVED: January 14, 2014 [personally signed green card]
DATE REPORT FILED: September 17, 2014
DAYS LATE: 236 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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Affirm the Board's decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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