Meetings
 
Agenda Item
Docket No. 16-459
 
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RE:
Waiver request submitted by Kevin Richard Marcel, a member of the State Police Retirement Board, regarding a $1,500 late fee assessed for filing his amended 2013 Tier 2.1 annual PFD 221 days late.
Facts:
Mr. Marcel states that when he received the NOD-amend (February 2015) he was going through a separation and divorce. He further states that until the divorce was finalized in September 2015, he spent a considerable amount of time on legal and personal situations. In January/February 2015, his wife was admitted to an out-of-state hospital for treatment. Upon her discharge and on February 19, 2015, she filed for divorce. He was responsible for dealing with legal and personal situations.

Mr. Marcel also states that the NOD was sent to his parent's house and he doesn't recall receiving it. (A review of the green card indicates that the NOD was signed for by Roy Marcel.) The NOD was sent to the most recent address on record. The NOD was seeking he amend his report to disclose his income by exact dollar figure. He was assessed a previous late fee for the same mistake that was suspended.




Comments:
TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report - Amendment
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: February 26, 2015 (Roy Marcel signed green card)
DATE REPORT FILED: October 16, 2015
DAYS LATE FROM NOD: 221 days
DAYS LATE FROM ORIGINAL DUE DATE: 519 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: Yes

2009 annual PFD $250 late fee, April 2011 Board meeting: Suspended All




Law:
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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:
Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-459 - Waiver Request