Meetings
 
Agenda Item
Docket No. 16-1259
 
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RE:
Reconsideration of the Board's denial of a waiver request submitted by James Terry "Bippy" Hoof, Cullen Board of Aldermen - Webster Parish, regarding a $1,500 late fee assessed for not filing his 2015 Tier 3 annual PFD as of this date.
Facts:
New Information:

Mr. Hoof now states that he gave his financial disclosure to the clerk to file for him. He states that she did not file it for him and she no longer works for the town. He states that is the reason the disclosure was not filed.

Initial Information:


Mr. Hoof states that at the time the disclosure statement was due, he was taking care of his ill daughter. He explains that filing the disclosure statement slipped his mind. A review of the database indicates that two NODs-FF were issued to Mr. Hoof. One NOD-FF dated 8/3/16 was received on 8/5/16 that was requesting a candidate PFD for 2015 related to his candidacy for mayor in the November 2016 election. That PFD was timely filed with 7 business days. A second NOD-FF dated 8/3/16 was received on 8/5/16 requesting an annual PFD covering 2015 related to his position as aldermen. This PFD was NOT filed at the time of initial consideration of his waiver request.

Comments:
TYPE OF REPORT: 2015 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2016
DATE NOD RECEIVED: August 5, 2016 (personally signed green card)
DATE REPORT FILED: February 9, 2017
DAYS LATE FROM NOD: 177 days
DAYS LATE FROM ORIGINAL DUE DATE: 269 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

He has filed 5 prior reports or amendments.


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:
Affirm decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-1259- Request for Reconsideration James Terry Hoof
2016-1259 Waiver Request