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Waiver request submitted by Donald Joseph "Phonse" Martin, Delcambre Board of Alderman, District 4 - Iberia and Vermilion Parishes (Pop. 1,866), regarding a $1500 late fee assessed for filing his amended 2016 Tier 3 annual pfd 140 days late. |
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Mr. Martin stated that he remembers responding to the notice of delinquency immediately after receiving it. He stated that he completed the amendment and mailed it to our agency "regular" mail. He stated that he cannot explain why it was not received by the agency.
Mr. Martin request that the late fee be waived based on his prior filings - all of which were timely filed.
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TYPE OF REPORT: 2016 Tier 3 Annual Report - Amendment
ORIGINAL FILING DATE: May 15, 2017
DATE NOD RECEIVED: April 10, 2017 (wife signed green card)
DATE REPORT FILED: September 7, 2017
DAYS LATE FROM NOD: 140 days
DAYS LATE FROM ORIGINAL DUE DATE: 115 days
ASSESSED LATE FEE: $1500
PRIOR OR OUTSTANDING PFD LATE FEES: None
PRIOR OR OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 9 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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Suspend all but $400 based on future compliance with the reporting requirements under the Code of Ethics. The $400 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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