Waiver request submitted by Milton Vance Linder, Richland Parish Police Jury - District 1, regarding a $1500 late fee assessed for filing his 2015 Tier 3 annual pfd 180 days late. |
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Attorney Molly McEacharn (Linder's daughter) stated that her father is a 77 year-old retired educator and principal; however, he suffers form dementia and Alzheimer's disease. She states that Mr. Linder's decline in health began prior to the October 2015 election. She explained that Alzheimer's disease affects his memory and cognition. She states that he is very forgetful and unorganized. She states he is unable to complete tasks or follow through with his daily tasks. She states that he is no longer able to conduct any kind of business, nor is he aware of any responsibility for personal business such as filing a personal financial disclosure statement.
Attorney McEacharn explained that Mr. Linder's wife was not aware of the Ethics' requirement until recently. Additionally, she states that the imposition of the late fee would cause a financial hardship. Attorney McEacharn attached medical and financial documentation.
Note: Attorney McEacharn references late fees for the 2015 and 2016 PFDs; however, late fees were only assessed on the 2015 PFD. The 2016 PFD was filed prior to the issuance of a NOD.
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TYPE OF REPORT: 2015 Tier 3 Annual Report ORIGINAL FILING DATE: May 15, 2016
DATE NOD RECEIVED: November 30, 2016 (personally signed green card)
DATE REPORT FILED: June 7, 2017 DAYS LATE FROM NOD: 180 days DAYS LATE FROM ORIGINAL DUE DATE: 387 ASSESSED LATE FEE: $1500 OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 8 reports or amendments
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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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