Meetings
 
Agenda Item
Docket No. 18-996
 
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RE:
Reconsideration of the Board's decision to decline to waive in regards to a waiver request submitted by Donnie White, Constable/District 4/St. Charles Parish, regarding a $2500 late fee assessed for filing his 2016 Tier 2 annual PFD 258 days late.
Facts:
Mr. White was advised that his supporting documentation regarding his medical treatment showed his was receiving treatments in 2018, after he filed the PFD in question. Mr. White submitted additional documentation that shows he received medical treatment in September 2016, which is almost one year prior to when he received the NOD for the PFD in question. Further, Mr. White has two previous late filings with an assessed late fee and he is still holding public office.

Initial Information:


Mr. White is requesting a waiver as he was out of state due to a medical condition that required him to travel in early September (2017); therefore his NOD letter was misplaced. Mr. White states this has been a difficult time due to the stress of treatment for his medical conditions and this caused him to be delinquent.

Request for supporting documentation was issued. Mr. White's response to the NOD was due on September 6, 2017. The supporting documentation provides that he was at MD Anderson on September 2, 2018 through September 14, 2018.

Comments:
TYPE OF REPORT: 2016 Tier 2 Annual Report
ORIGINAL FILING DATE: May 15, 2017

DATE NOD RECEIVED: August 25, 2017 (signature not legible)


DATE REPORT FILED: May 22, 2018
DAYS LATE FROM NOD: 258days
DAYS LATE FROM ORIGINAL DUE DATE: 372
ASSESSED LATE FEE: $2500
OUTSTANDING PFD LATE FEES:
Yes

PRIOR LATE FEES: yes

2013 Annual PFD Tier 2- Amendment - at AG office for collection, $1,004.18 still due


REASSESSED LATE FEES: yes

2009 Annual PFD Tier 2 - Suspended portion reassessed. Original Fine $500. Sent to AG. Balance due $200.82

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 14 reports or amendments

Law:
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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:
Affirm decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2018-996 Staff Memo- Waiver