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Reconsideration of a waiver request submitted by Arnie Fielkow regarding a $2,500 late fee assessed for filing his amended 2009 Tier 2 annual pfd 328 days late. |
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TIER: 2
TYPE OF REPORT: 2009 Amended Annual Report
DAYS LATE: 328 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
Arnie Fielkow was the Member at Large on the Orleans Parish Council. On October 14, 2010, Mr. Fielkow received a notice of delinquency requesting that he amend his 2009 Tier 2 annual pfd to disclose income received from Orleans Parish. The report was filed on September 28, 2011, 328 days late. He was assessed a $2,500 late fee.
Mr. Fielkow states he does not remember receiving the notice of delinquency. The USPS shows that the notice was received by Mr. Fielkow. Further, Mr. Fielkow states that the information omitted was not significant as it is public record. Mr. Fielkow states that the payment of the late fee will deplete his campaign surplus funds, which have been pledged to a nonprofit. However, Mr. Fielkow is prohibited by law from using his campaign surplus funds to pay an ethics late fee.
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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. 42:1124.4 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.
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Affirm denial of waiver request.
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| Assigned Attorney: |
Tracy Barker |
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