Meetings
 
Agenda Item
Docket No. 13-094
 
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RE:
Untimely waiver request submitted by Fred Ballard, a member of the Provencal Board of Aldermen, regarding a $850 late fee assessed for filing his 2010 Tier 3 annual pfd 17 days late.
Facts:
TIER: 3
TYPE OF REPORT: 2010 Annual Report

DATE NOD RECEIVED: October 3, 2011
DATE REPORT FILED: November 7, 2011
DAYS LATE: 17 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

Comments:
On February 7, 2012, Fred Ballard received a late fee order. He did not request a waiver or appeal the assessment. On January 15, 2013, Mr. Ballard received a demand letter requesting payment of the late fee.

In response, Mr. Ballard submitted this untimely waiver request stating that he is unable to pay the late fee due to lack of means. He states that he has four (4) children in school, which is expensive. He states that he lives paycheck to paycheck and day to day. The only vehicle he has broke down and he used what little money he had to replace the motor with another used motor. He recently had his paycheck at work cut and had to drop the family off of the insurance.

In addition, during the January 2013 storms, the roof of thier home was torn off damaging the interior of their home. Mr. Ballard has submitted documentation and pictures concerning the vehicle issues as well as the home issues.

Law:
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 based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-094- Staff Memo