Meetings
 
Agenda Item
Docket No. 16-082
 
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RE:
Waiver request submitted by Henry G. Herford, Jr., Constable - Franklin Parish, District 1, regarding a $250 late fee assessed for filing his 2014 Tier 3 Annual PFD 5 days late.
Facts:
Mr. Herford states that he did timely file the disclosure statement; and, it should not be considered late because of the time it took the postal service to deliver it to our agency. A review of the envelope's postmark indicates that it was mailed on November 25, 2015., which is the date deemed filed by the staff. The pfd was not actually received until November 30, 2015. The due date for filing the disclosure statement was November 20, 2015; therefore, it was not mailed timely.
Comments:
TYPE OF REPORT: 2014 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: November 10, 2015 (personally signed green card)
DATE REPORT FILED: November 25, 2015
DAYS LATE FROM NOD: 5 days
DAYS LATE FROM ORIGINAL DUE DATE: 194 days
ASSESSED LATE FEE: $250
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None

He has served since being elected in November 2014. He has filed two pfds with the Board.


Law:
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.
Recommendations:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-082 - Waiver Request