| Reconsideration of the Board's denial of a waiver request submitted by Charles Wesley Allen, Cheneyville Board of Aldermen - Rapides Parish, regarding a $1,500 late fee assessed for filing his 2013 Tier 3 Annual PFD 80 days late. |
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Mr. Allen filed a timely appeal from the Board's denial of his waiver request. Once informed that the EAB has no authority to waive or reduce the late fee, Mr. Allen's attorney, Mr. Lavardain, requested this matter be placed back before the Board for reconsideration. Mr. Lavardain submitted two CDs, which appear to be identical, containing a news clip from the University Hospital relaying the story of Mr. Allen's son, who was in a car wreck resulting in the amputation of his right leg below the knee. While his son was in the hospital, Mr. Allen's sister was also admitted to the hosptial suffering from two brain aneurysms, which required surgery. The CDs provide no dates during the news segment. Prior information submitted show the date of the surgery in March 2015, which would have been after the report was filed. No information was submitted regarding any financial hardship.
INITIAL INFORMATION:
Town Clerk Kayla Goudreau (on behalf of Mr. Allen) states that the former clerk was responsible for assisting the aldermen in filing their disclosure statements. However, she cannot provide any documentation to show that Mr. Allen's disclosure statement was in fact filed timely.
Staff spoke to Mr. Allen who stated that he would not be able to appear at this meeting as his family suffered a tragedy last year resulting in the amputation of his son's leg in March 2015. I advised that he should submit all supporting documentation regarding any issues that kept him from timely filing his pfd and that support any financial hardship in paying the late fee. No additional information was provided at that time.
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TYPE OF REPORT: 2013 Tier 3 Annual Report
DATE NOD RECEIVED: November 15, 2014 [personally signed green card]
DATE REPORT FILED: February 13, 2015
DAYS LATE: 80 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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| Assigned Attorney: |
Tracy Barker |
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