Meetings
 
Agenda Item
Docket No. 18-722
 
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RE:
Reconsideration of the Board's denial of a waiver request submitted by Edward M. Beaver III, Constable, Ward 3 - Rapides Parish, regarding $1500 late fee assessed for failing to file his 2016 Tier 3 annual PFD.
Facts:
The Board initially declined because the report had not been filed. The report has now been filed and Mr. Beaver seeks reconsideration. He states he was confused over which reports were required to be filed. He has other filings with the office. He has filed PFDs since 2014 beginning with his 2013 Tier Candidate PFD.


Initial Information:


Alicia Beaver (on behalf of her husband Edward Beaver) stated that she filed the financial statement in April 2017- realizing that the statement was due in March 2017. She stated that she contacted this agency to better understand what was needed in the NOD; however, she stated that she did not receive a return call after leaving a message.

Ms. Beaver submitted a "financial statement" with this agency - along with her waiver request. This statement is a financial statement required to be filed with the Legislative Auditor (copy attached).

Comments:
TYPE OF REPORT: 2016 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2017

DATE NOD RECEIVED: January 17, 2018 (personally signed green card)


DATE REPORT FILED: 8/25/18/
DAYS LATE FROM NOD: 208 days
DAYS LATE FROM ORIGINAL DUE DATE: 467 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: No.


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:
Suspend all but $800 based on future compliance with the reporting requirements under the Code of Ethics. The $800 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.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2018-722- Reconsideration Request Edward M. Beaver, III
2018-722 Staff Memo