Meetings
 
Agenda Item
Docket No. 20-044
 
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RE:
Waiver request submitted by Brian Timothy McCarthy, with the Sterlington Board of Aldermen, Ouachita Parish (Pop. 1,594) regarding a $1500 late fee assessed for filing his 2018 Tier 3 annual pfd 62 days late.
Facts:
Brian McCarthy is requesting a waiver for the following reasons:

Mr. McCarthy recognizes his delinquency and stated he has no excuse for not filing timely, other than he was a newly elected official - unaware of the annual filing process. After speaking with the PFD Director, Mr. McCarthy stated he now has a better understanding of the filing requirements.

Mr. McCarthy stated when he received the first NOD-FF, he thought it was a mistake, since he filed a 2017 Candidate/Election PFD Statement for the Town of Sterlington Aldermen. While on a business trip he lost the NOD-FF, and forgot to follow up with the BOE upon his return. When he received the Late Fee letter (2nd notice), he contacted the BOE to understand what he did wrong.

Mr. McCarthy stated he has no future plans for running for public office and apologizes for the inconvenience that this has caused. He ask for the Ethics Board for leniency when considering waiving his late fee of $1500 as this is first offense and it will not happen again.


Comments:
TYPE OF REPORT: 2018 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2019

DATE NOD RECEIVED: September 13, 2019 (Katrina McCarthy signed green card)


DATE REPORT FILED: November 25, 2019
DAYS LATE FROM NOD: 62 days
DAYS LATE FROM ORIGINAL DUE DATE:
194 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

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 $200 based on future compliance with the reporting requirements under the Code of Ethics. The $200 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:
2020-044 - Waiver Request Brian Timothy McCarthy