Meetings
 
Agenda Item
Docket No. 16-245
 
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RE:
Waiver request submitted by Daniel Joseph Forestier, Duson Board of Aldermen, regarding a $1,500 late fee assessed for filing his Amended 2011 Tier 3 Annual PFD 211 days late; a $1,500 late fee assessed for filing his Amended 2012 Tier 3 Annual PFD 211 days late; and a $1,500 late fee assessed for filing his Amended 2013 Tier 3 Annual PFD 211 days late.
Facts:
Mr. Forestier was requested to amend all pfds to properly report income received from the Town of Duson. He states that he was following the instructions of the clerk when he completed the personal financial disclosure forms. He states that he did not intentionally file the disclosure statement incorrectly. Mr. Forestier states he corrected the disclosure statements with the assistance of agency staff. He also states that he is currently paying a late fee (related to his 2012 Annual PFD) and cannot afford to pay these late fees under the Board's consideration.
Comments:
TYPE OF REPORT: 2011 Tier 3 Annual PFD Report - Amendment
ORIGINAL DUE DATE: May 15, 2012
DATE NOD RECEIVED: December 17, 2014 (personally served)
DATE REPORT FILED: July 29, 2015
DAYS LATE FROM NOD: 211 days
DAYS LATE FROM ORIGINAL DUE DATE: 1171 days
ASSESSED LATE FEE: $1,500
TYPE OF REPORT: 2012 Tier 3 Annual PFD Report - Amendment
ORIGINAL DUE DATE: May 15, 2013
DATE NOD RECEIVED: December 17, 2014
DATE REPORT FILED: July 29, 2015
DAYS LATE FROM NOD: 211 days
DAYS LATE FROM ORIGINAL DUE DATE: 806 days
ASSESSED LATE FEE: $1,500


TYPE OF REPORT: 2013 Tier 3 Annual PFD Report - Amendment
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: December 17, 2014
DATE REPORT FILED: July 29, 2015
DAYS LATE FROM NOD: 211 days
DAYS LATE FROM ORIGINAL DUE DATE: 441 days
ASSESSED LATE FEE: $1,500

OUTSTANDING PFD LATE FEES: Yes

2012 Annual PFD: $1,500 late fee. Current Balance $1,100 (AG Collection)


OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR LATE FEES SUSPENDED/WAIVED: None

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:
2011 - rescinded

2012 - suspend all based on future compliance with disclosure requirements under the Code of Ethics

2013 - decline to waive


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-245 - Waiver Request