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Waiver request submitted by James Carl "Jim" Davis, former member of the St. Francisville Board of Aldermen, West Feliciana Parish (Pop. 1765), regarding $1500 late fee assessed for filing his 2016 Tier 3 annual PFD 97 days late. |
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Mr. Davis stated that he was not aware of the requirement to file a disclosure statement the year after leaving office. He stated that his mail carrier ( Beverly Sims) signed for the certified and he did not receive the NOD until the first days February 2018. He further stated that when he received the NOD he responded immediately by faxing the disclosure statement to this agency (fax transmittal provided).
A request was made to the IT Division asking that a search of the server be conducted to determine if a disclosure statement was received. Search result: A fax transmittal was received on 2/8/18. There was a cover page with no identifying information and the second page was blank.
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TYPE OF REPORT: 2016 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2017
DATE NOD RECEIVED: January 27, 2018 (B. Simms signed the green card)
DATE REPORT FILED: May 14, 2018
DAYS LATE FROM NOD: 97 days
DAYS LATE FROM ORIGINAL DUE DATE: 364 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 12 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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