Meetings
 
Agenda Item
Docket No. 13-087
 
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RE:
Untimely waiver request submitted by Harry Voight, Jr., the Police Chief for the Village of Provencal, regarding a $500 late fee assessed for filing his 2009 Tier 3 annual pfd 10 days late; and a $1,500 late fee for filing his 2009 Tier 3 candidate pfd 402 days late.
Facts:
TIER: 3
TYPE OF REPORT: 2009 Candidate and 2009 Annual Report

DATE NOD RECEIVED: October 28, 2011 (Annual) / October 4, 2010 (Candidate)
DATE REPORT FILED: November 28, 2011 (Annual) / November 28, 2011 (Candidate)
DAYS LATE: 10 days (Annual) / 402 days (Candidate)

ASSESSED LATE FEE: $500 (Annual) / $1,500 (Candidate)
OTHER LATE FILINGS: No

Comments:
Max Voight received two late fee orders on February 8, 2012. Mr. Voight failed to request a waiver in connection with either late fee orders. On January 11, 2013 and January 18, 2013, two demand letters were issued demanding payment of the two outstanding late fees. In response, Mr. Voight submitted this untimely request for a waiver. He alleges he never received the late fee orders. However, the letter were sent to the address he provided on his reports, the address of the Village of Provencal Town Hall.

Mr. Voight asserts he has recently been diagnosed with lung disease and suffers from reoccuring kidney stones. Supporting documentation has been requested and not received at this time.

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:
Decline to consider based on untimeliness.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-087- Staff Memo