Meetings
 
Agenda Item
Docket No. 12-865
 
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RE:
Waiver request submitted by Wilton Guidry regarding a $1,500, $1,500 and a $1,500 late fees assessed for filing his 2009 Tier 3 candidate pfd, 2009 Tier 3 annual pfd and his 2010 Tier 3 annual pfd late.
Facts:
Wilton Guidry is the chief of police for Grand Coteau. He states that he did not receive the notices of delinquencies since they were sent to his physical address and not his post office box. Further, he states that he was ill and could not do his taxes and therefore could not put correct amounts on the disclosure statements. In addition, at this time he is in a financial crisis. His home is being foreclosed and he is considering filing for bankruptcy. Mr. Guidry has submitted documentation regarding the seizure of his home.

Comments:
TIER: 3

TYPE OF REPORT: 2009 Candidate Report (10/2/2010 election)

DATE NOD RECEIVED: September 27, 2010

DATE REPORT FILED: April 5, 2012

DAYS LATE: 538 days late

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No



TIER: 3

TYPE OF REPORT: 2009 Annual Report

DATE NOD RECEIVED: September 15, 2011

DATE REPORT FILED: April 6, 2012

DAYS LATE: 184 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No



TIER: 3

TYPE OF REPORT: 2010 Annual Report

DATE NOD RECEIVED: September 15, 2011

DATE REPORT FILED: April 6, 2012

DAYS LATE: 184 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Suspend all but $1,500 based on future compliance with the Code. Direct the staff to enter into a payment plan of $50/month.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-865- Staff Memo