Meetings
 
Agenda Item
Docket No. 12-997
 
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RE:
Waiver request submitted by Daniel Carruth regarding a $1,500, a $1,500 and a $1,500 late for filing his 2009 and 2010 Tier 3 annual pfds and his 2009 Tier 3 candidate pfd each 56 days late.
Facts:
Daniel Carruth is a member of the Greensburg Board of Aldermen. Mr. Carruth states that he was not aware of the filing requirement. Further, he states that he has been working out of the state during much of 2010 and 2011. He also states that he has three teenage sons . In addition, during 2010 and 2011, his wife was in nursing school and just began working. They have student loans they are trying to repay and do not have the money to pay a $4,500 late fee.



Comments:
TIER: 3
TYPE OF REPORT: 2009 Annual Report

DATE NOD RECEIVED: January 6, 2012
DATE REPORT FILED: March 26, 2012
DAYS LATE: 56 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TIER:
3
TYPE OF REPORT: 2009 Candidate Report (March 24, 2012 election)

DATE NOD RECEIVED: January 19, 2012
DATE REPORT FILED: March 26, 2012
DAYS LATE: 56 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No



TIER: 3
TYPE OF REPORT: 2010 Annual Report DATE NOD RECEIVED: January 6, 2012
DATE REPORT FILED: March 26, 2012
DAYS LATE: 56 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 complaiance and allow Mr. Carruth to pay in $100 monthly installments.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-997- Staff Memo