| Reconsideration of the Board's denial of a waiver request submitted by Philip H. Simmons, Jr., a member of the Plaquemines Parish Soil and Water Conservation District, regarding a $1,500 late fee assessed for filing his 2013 Tier 3 Annual PFD 105 days late. |
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No new information has been presented. Mr. Simmons still alleges that the pfd was mailed timely with other members' pfds. However, such is not correct. Mr. Simmons states he will have to resign if the fine is not waived.
Initial Information:
Ms. Fran Martinez (District Secretary) states that the disclosure statement was filed soon after it was notarized, i.e., March 26, 2014. She further states that the disclosure statements for all board members were mailed to this agency at the same time in April 2014. A review of all the member's disclosure statements was conducted. The other members' pfds were not filed on the same date nor through the same manner, therefore, they were not mailed together (one was faxed on 5/14/14; one received by mail on 5/20/14; one received by mail on 4/28/14; and one received by mail on 4/28/14). Further, none of the other pfds were notarized as the tier 2.1 form does not have such a requirement. Without proof of mailing or proof of fax, staff does not believe a notary date proves mailing or receipt of a timely filed pfd.
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TYPE OF REPORT: 2013 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: January 31, 2015 (William Carmen signed green card)
DATE REPORT FILED: May 26, 2015
DAYS LATE FROM NOD: 105 days
DAYS LATE FROM ORIGINAL DUE DATE: 377 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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