Meetings
 
Agenda Item
Docket No. 20-018
 
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RE:
Waiver request submitted by Calvin Lynn Vogel, with the Creola Board of Aldermen, Grant Parish (Pop. 213), regarding a $1500 late fee assessed for filing his 2017 Tier 3 annual pfd 413 days late.
Facts:
Mr. Vogel is requesting a waiver for the following reasons:

Mr. Vogel stated he lives in the small town of Creola, Louisiana, where the overall populations income falls in the lower income bracket. As he "hates to admit it", he too has a low income and cannot afford to pay the $1500 fine. Mr. Vogel stated that he was recently diagnosed with Barrett's Esophagus Disease; has had two scopes and one abrasion with another appointment scheduled for December 20, 2019 for his medical condition. He also stated that he gets back injections for his Degenerative Arthritis (his last injection date was November 14, 2019). However, his insurance company requires that he gets the injections in lieu of or prior to proceeding to alternative treatment procedures for his arthritis. Mr. Vogel mentioned that his wife had to resign from her job due to severe Migranes. He says that "life is throwing him some hard balls", and the hard times do not seem to be slowing down. This is Mr. Vogel's first late fee and he sincerely request a waiver.

Comments:
TYPE OF REPORT: 2017 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2018

DATE NOD RECEIVED: September 20, 2018 (Melissa Vogel signed green card)


DATE REPORT FILED: November 18, 2019
DAYS LATE FROM NOD: 413 days
DAYS LATE FROM ORIGINAL DUE DATE:
552 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 11 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 $1000 based on future compliance with the reporting requirements under the Code of Ethics. The $1000 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:
2020-018 - Waiver Request Calvin Lynn Vogel