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Request to reconsider the Board's suspension of all but $1000 of a $1500 late fee assessed against Leon Boudreaux, Constable/District 8/ St. Landry, for filing his 2016 Tier 3 annual pfd 301 days late. |
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Mr. Boudreaux states that he timely mailed the report and that he has trouble each year with mailing his report. A review of Mr. Boudreaux's record shows that he faxed two reports in 2018 without issue and the he mailed two reports to the Board in 2019 without issue.
Mr. Boudreaux also claimed financial hardship. A request was sent to Mr. Boudreaux seeking supporting documentation and the completion of the financial hardship form. No response has been received.
Original Information:
Mr. Boudreaux is requesting a waiver because at first he thought he didn't need to file. He stated that he had a conversation with someone that he did need to file and that his report was never received. He states that he mailed it in and was eventually told that it was received. According to our database and comment history, I do not see such a comment and we did not have a report.
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TYPE OF REPORT: 2016 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2017
DATE NOD RECEIVED: August 24, 2018 (personally signed green card)
DATE REPORT FILED: July 3, 2019
DAYS LATE FROM NOD: 301 days
DAYS LATE FROM ORIGINAL DUE DATE: 779 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 5 reports or amendments
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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.
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Affirm the Board's prior decision to suspend all but $1000 based on future compliance with the reporting requirements under the Code of Ethics. The $1000 is payable within 20 days and if payment is not received within 20 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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