| Waiver request submitted by Jody Michael Bourgeois, Gramercy Board of Aldermen - District 2, regarding a $1,500 late fee assessed for filing his 2014 Tier 3 Annual PFD 135 days late. |
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Mr. Bourgeois states that he did not sign for the certified notice of delinquency - his wife (Monique Bourgeois) signed for it. He believes that only he can legally signed for the notice. However, the signature on the green card shows "Jody Bourgeois" signed it and the signature matches the signature on the pfd form. Therefore, it appears Jody signed for the NOD. He also states that the notice contained inaccurate information:
The 2014 annual PFD was mailed to our agency on September 8, 2015. (Note: Our database records do not reflect a filing on or around September 8, 2015 or in 2015 at all.) Mr. Bourgeois did not provide any documentation to support his claim.
The disclosure statement filed on January 28, 2016 was listed as his 2015 disclosure statement and should have been processed as such. (Note: The late fee at issue relates to his 2014 annual PFD - not his 2015 PFD. Furthermore, if the 2014 annual PFD is processed as his 2015 annual PFD, then the 2014 annual PFD remains outstanding.)
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TYPE OF REPORT: 2014 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: September 3, 2015 (personally signed the green card)
DATE REPORT FILED: January 28, 2016
DAYS LATE FROM NOD: 135 days
DAYS LATE FROM ORIGINAL DUE DATE: 258 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: Amendments required on both the 2014 and 2015 pfds.
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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