| Reconsideration of the Board's denial of the waiver request submitted by Juan Hays, a member of the Bernice Board of Aldermen, Union Parish, regarding a $1,500 late fee assessed for filing his 2011 Tier 3 annual pfd 345 days late and a $1,500 late fee assessed for filing his 2012 Tier 3 annual pfd 43 days late. |
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Mr. Hays states that he was unaware of the required filings each year. It should be noted that Mr. Hays took the Ethics Training in 2011 and 2012, which training covers pfd filings. Further, Mr. Hays has been filing since his 2009 report in 2010.
During his term, his job relocated to Arkansas. However, he did not resign because he did not want the Town to incur the cost of an election to replace him. He states that since his last request, he has been terminated from his employment due to cutbacks. He is receiving unemployment benefits while he looks for a new job. He states that he does not have the means to pay.
INITIAL INFORMATION
Mr. Hays states that the reports were filed late due to his lack of knowledge of the process and his absence from the state for work. He thought he only had to file disclosure documents during his campaign year. Also, in October 2012, in his job role changed due to cutbacks. Mr. Hays primary work area is Southern Arkansas and Central Arkansas with his primary location being Conway, Arkansas. He still maintains a residence in Bernice, Louisiana.
He states that he has taken the job of Alderman seriously and the responsibilities that come with the position. He considered resigning but the other members of the board and the Mayor have been very supportive and understanding throughout his term.
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TYPE OF REPORT: 2011 Tier 3 Annual Report
ORIGINAL DUE DATE: May 15, 2012
DATE NOD RECEIVED: April 1, 2013
DATE REPORT FILED: March 21, 2014
DAYS LATE FROM NOD: 345 days
DAYS LATE FROM ORIGINAL DUE DATE: 533 days
ASSESSED LATE FEE: $1,500
TYPE OF REPORT: 2012 Tier 3 Annual Report
ORIGINAL DUE DATE: May 15, 2013
DATE NOD RECEIVED: January 28, 2014
DATE REPORT FILED: March 21, 2014
DAYS LATE FROM NOD: 43 days
DAYS LATE FROM ORIGINAL DUE DATE: 303 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 and offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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