Meetings
 
Agenda Item
Docket No. 11-1678
 
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RE:
Waiver request of Albert Mincey, Sr. regarding a $2,500 late fee assessed for filing his 2009 Tier 2 annual personal financial disclosure statement 225 days late.
Facts:
On May 17, 2010 (May 15, 2010 fell on a Saturday), Albert Mincey, Sr. filed a notice of extension that he would file his 2009 Tier 2 personal financial disclosure statement within 30 days of filing his federal tax return.

On November 26, 2010, Mr. Mincey received a notice of delinquency requesting he file his 2009 Tier 2 pfd. Mr. Mincey did not file his 2009 Tier 2 pfd until July 29, 2011, 225 days late. Mr. Mincey was assessed a $2,500 late fee.

Comments:
TIER: 2
TYPE OF REPORT: 2009 Annual Report

DAYS LATE: 225

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: No

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. 42:1124.2(B)(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the financial statement required by this Section may be filed within thirty days after the individual files his federal tax return for the year on which he is reporting, taking into consideration any extensions filed by the individual, provided that he notifies the Board of Ethics prior to the deadline provided in Paragraph (1) of this Subsection of his intention to do so.

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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Rescind the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2011-1678- Staff Memo