Meetings
 
Agenda Item
Docket No. 13-412
 
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RE:
Waiver request submitted by Kermit Brown, St. Helena Parish Constable, regarding a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 305 days late.
Facts:
Mr. Brown is requesting a waiver as he was newly elected due to the death of the former constable and was unfamiliar with the filing requirements. He believes he may have filed the wrong report with the wrong calendar year which attributed to his being late. He states he has now completed training and knows how to go online to get copies of the forms to file so they do not have to be mailed to him. Further, he will mail by certified mail in the future to ensure receipt.

Comments:
TIER: 3
TYPE OF REPORT: 2010 Annual Report

DATE NOD RECEIVED: January 27, 2012
DATE REPORT FILED: December 17, 2012
DAYS LATE: 305 days

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

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:
Based on waiver guidelines, waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-412- Staff Memo