Meetings
 
Agenda Item
Docket No. 16-345
 
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RE:
Waiver request submitted by Terry Brian Smith, Converse Board of Aldermen - Sabine Parish, regarding a $200 late fee assessed for filing his 2013 Tier 3 annual PFD 4 days late, and regarding a $200 late fee assessed for filing his 2014 Tier 3 annual PFD 4 days late.
Facts:
Mr. Smith states that he was working out of state (in Midlothian, Texas) at the time the Notices were issued. The notices were sent to the Texas address; however, he states that they were signed for by a friend of the person he was living with. He further states that the notices were not given to him on the day they were received. However, according to the comments in the filing system, Mr. Smith called the staff on 10/21/2015, one day after the notice of delinquency was received. He spoke to a staff member on 10/23/2015 and was advised of the filing requirements and he stated he would file the outstanding pfds by 10/29/2015. However, he failed to file the pfds within the 7 business day period.
Comments:
TYPE OF REPORT: 2013 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: October 20, 2015
DATE REPORT FILED: November 2, 2015
DAYS LATE FROM NOD: 4 days
DAYS LATE FROM ORIGINAL DUE DATE: 536 days
ASSESSED LATE FEE: $200
TYPE OF REPORT: 2014 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: October 20, 2015
DATE REPORT FILED: November 2, 2015
DAYS LATE FROM NOD: 4 days
DAYS LATE FROM ORIGINAL DUE DATE: 171 days
ASSESSED LATE FEE: $200
OUTSTANDING PFD LATE FEES: None
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:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-345 - Waiver Request