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Waiver request submitted by Michael Theriot, a member of the Henderson Town Council, regarding a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 390 days late and a $1,500 late fee assessed for filing his 2011 Tier 3 annual pfd 55 days late. |
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Mr. Theroit was not aware of the filing requirements. Mr. Theriot indicated that typically, the town clerk provides the council members all forms that need to be filled out and he was not given the form. He states that his income with the Town is only $1,040 per year. He is aware of the filing requirements and will file forms in the future.
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TIER: 3
TYPE OF REPORT: 2010 Annual Report
DATE NOD RECEIVED: October 29, 2011
DATE REPORT FILED: December 12, 2012
DAYS LATE: 390 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
TIER: 3
TYPE OF REPORT: 2011 Annual Report
DATE NOD RECEIVED: September 28, 2012
DATE REPORT FILED: December 12, 2012
DAYS LATE: 55 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: yes, see above
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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.
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Based on waiver guidelines, waive the late fee associated with the 2010 Tier 3 annual pfd.
Suspend all but $250, based on future compliance with the Code of Ethics, the late fee associated with the 2011 Tier 3 annual pfd.
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| Assigned Attorney: |
Tracy Barker |
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