Meetings
 
Agenda Item
Docket No. 17-790
 
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RE:
Reconsideration of the Board's denial of a waiver request submitted by Michael Henry Stelly II, the Merryville Chief of Police- St. Landry Parish (Pop. 1,103), regarding a $1,500 late fee assessed for filing his 2015 Tier 3 annual pfd 105 days late.
Facts:
Reconsideration:

Mr. Stelly is requesting reconsideration of the Board's denial of his waiver for the 2015 Tier 3 PFD and he is now also asking for a waive of the $1500 late fee assessed for the failure to file his amendment to the 2014 Tier 3 PFD, which amendment has not been filed. Mr. Stelly's initial waiver stated he was ill; however, the illness took place in January 2017. The NOD for the 2014 amendment was received on June 27, 2016, six months prior to the illness; and, the NOD for the 2015 PFD was received in November 2016, two months prior to his illness.


Mr. Stelly states he resigned from his elected position in May 2015. He states that he is employed with Trinity Material, that he is a father of three, and paying $3000 would create a financial hardship.


Initial Info:


Mr. Stelly stated that he was unable to timely respond to the notice of delinquency because he was admitted into the hospital for pneumonia. He has requested documentation from the hospital and will forward the documents to this agency once received. Documents submitted show that he was hospitalized on January 15, 2017 with pneumonia and discharged on January 18, 2017. The original pfd was due on May 15, 2016 and due with in 7 days of receipt of the NOD on November 14, 2016. He became sick two months after receipt of the NOD.

Comments:
TYPE OF REPORT: 2015 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2016

DATE NOD RECEIVED: November 14, 2016 (personally signed green card)


DATE REPORT FILED: March 8, 2017
DAYS LATE FROM NOD: 105 days
DAYS LATE FROM ORIGINAL DUE DATE:
296
ASSESSED LATE FEE: $1,500
PRIOR PFD LATE FEES:
Yes, 2014 annual PFD amendment: $1,500 late fee


PRIOR CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: Yes

2014 annual PFD - amendment

NOD requesting amendment to disclose income from Town of Merryville and Beauregard Parish Sheriff's Office.

PRIOR EXPERIENCE: has filed 3 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:
2015 - Based on days late and waiver guidelines, suspend all but $1000 based on future compliance. Offer a payment plan. Only the late filing regarding the 2014 Tier 3 amendment will not serve as a trigger for reassessment. However, any other late filing will trigger reassessment.

2014 Amendment - Decline to waive. Offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2017-790- REVISED MEMO (reconsideration and waiver)
2017-790- Reconsideration Request Michael Stelly II agenda
2017-790 Waiver Request