Meetings
 
Agenda Item
Docket No. 18-1423
 
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RE:
Untimely waiver request submitted by James Neal Kirkham, a former member of the Bienville Board of Aldermen, regarding a $1500 late fee assessed for filing his 2016 Tier 3 annual PFD 137 days late.
Facts:
Mr. Kirkham filed an untimely waiver request. His request states that he is unemployed and unable to pay the late fee. The Director of Disclosure spoke with Mr. Kirkham in an attempt to obtain documentation to support his statements. Mr. Kirkham stated that he is self-employed in the oil industry and has not had any work since June, 2018. He has not filed for unemployment benefits because he is ineligible as a self employed person. He stated that he is only paid $30 per month to be on the Board and that he uses this money to pay his water bill. The Board objected to his candidacy, and Mr. Kirkham withdrew from the election.


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

DATE NOD RECEIVED: February 17, 2018 (signature not legible)


DATE REPORT FILED: July 14, 2018
DAYS LATE FROM NOD: 137 days
DAYS LATE FROM ORIGINAL DUE DATE: 425 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 7 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:
Consider the untimely waiver. Suspend all but $400 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2018-1423 Waiver Request