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Waiver request submitted by James Rodney Hutchins, of the Tensas Basin Levee District, regarding a $1500 late fee assessed for filing his 2015 Tier 2.1 annual pfd 189 days late. |
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Mr. Hutchins stated that his wife of 36 years died in March 2016 and he cannot explain why or how the disclosure statement was filed late. (Death certificate attached.) Mr. Hutchins went on to say that he missed one of the levee board meetings when his wife died and that could have been the month that the members were given the PFD form to file with this agency. Mr. Hutchins stated that a new policy is now in place. The disclosure form will now be mailed to each member and the process will no longer be handled by the levee district staff members.
Mr. Hutchins request that the late fee be waived.
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TYPE OF REPORT: 2015 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2016
DATE NOD RECEIVED: September 6, 2016 (personally signed green card)
DATE REPORT FILED: March 23, 2017
DAYS LATE FROM NOD: 189 days
DAYS LATE FROM ORIGINAL DUE DATE: 311 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 10 reports or amendments
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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.
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Suspend all but $850 based on future compliance with the reporting requirements under the Code of Ethics. The $850 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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