Meetings
 
Agenda Item
Docket No. 18-1337
 
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RE:
Waiver request submitted by Mark Wayne Allen, with the Merryville Board of Aldermen, Beauregard Parish (Pop. 1103), regarding two $1,500 late fees assessed for filing his amended 2016 Tier 3 annual PFD & amended 2017 Tier 3 Candidate PFD178 and 178 days late, respectively.
Facts:
Mr. Allen has two late fee orders for his 2016 Annual and 2017 Candidate PFDs. Mr. Allen is a paraplegic who cared for his mother during an illness from 2015 until her death in July, 2017. (Medical records and his mother's death certificate confirm these statements.) He indicates that the 2016 and 2017 filings were not filed because of this. He states that because of the medical cost associated with his paraplegia, he and his wife are unable to afford the late fees assessed.

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

DATE NOD RECEIVED: January 25, 2018 (Arlene Evans signed green card)


DATE REPORT FILED: August 2, 2018
DAYS LATE FROM NOD: 178 days
DAYS LATE FROM ORIGINAL DUE DATE: 444 days



TYPE OF REPORT: 2017 Tier 3 Candidate Report - Amendment
ORIGINAL FILING DATE: January 10, 2018

DATE NOD RECEIVED: January 25, 2018

DATE REPORT FILED: August 2, 2018
DAYS LATE FROM NOD: 178 days
DAYS LATE FROM ORIGINAL DUE DATE: 204 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES:
None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 15 reports or amendments



Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within three (3) business days after the close of the qualifying period during which the candidate files his notice of candidacy for the office.

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:
2016 - Suspend all based on future compliance with the reporting requirements under the Code of Ethics.

2017 - Suspend all based on future compliance with the reporting requirements under the Code of Ethics.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2018-1337 Waiver Request