| Answer submitted on behalf of Kirk Boudreaux, a Gonzales City Councilman, in lieu of filing an amendment to his personal financial disclosure statements in response to notices of delinquency. |
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Kirk Boudreaux, a Gonzales City Councilman, received notices of delinquency on October 18, 2016, requesting that he disclose the full amount of income that he received from the City of Gonzales on his 2014 and 2015 Tier 2 Annual Personal Financial Disclosure Statements (PFDs). He disclosed income from the City of $6,100 in 2014 and $6,000 in 2015. However, the Louisiana Legislative Auditor's reports show that Mr. Boudreaux actually received income of $9,600 from the City each year. Nevertheless, Mr. Boudreaux provided copies of his 2014 and 2015 W-2s from the City that show he received $6,000 in taxable income and $3,600 in health insurance benefits from the City.
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La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of five thousand or more persons to file a financial statement by May 15th of each year during which the person holds such office and the year following the termination of the holding of such office.
La. R.S. 42:1124.2C(5)(a)(i)(aa) provides that the financial statement required by this Section shall be filed on a form prescribed by the Board of Ethics and shall include the name, address, type, and amount of each source of income received by the individual or spouse, or by any business in which the individual or spouse, either individually or collectively, owns an interest which exceeds ten percent of that business, which is received from the state or any political subdivision as defined in Article VI of the Constitution of Louisiana.
La. R.S. 42:1124.2G(2)(b) provides that "income" for an individual shall mean taxable income and shall not include any income received pursuant to a life insurance policy.
La. R.S. 42:1124.4 provides that upon discovery of the failure to timely file, omission of information or inclusion of 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 filer 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 a 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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Advise Mr. Boudreaux that he is not required to file an amendment to his 2014 or 2015 Tier 2 PFDs.
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| Assigned Attorney: |
Haley Williams |
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