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Waiver request submitted by Parnell Baham, member of the Independence Town Board of Aldermen, regarding a $1,500 late fee assessed for filing his 2009 Tier 3 annual pfd 196 days late, a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 196 days late, and a $1,500 late fee assessed for filing his 2010 Tier 3 candidate pfd (3/24/12 election) 196 days late. |
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Mr. Baham states he did not know he needed to file or what to file. He is no longer in office. He states that he does not make a lot of money and the $4,500 in late fees would create a financial hardship. Mr. Baham earns about $28,000 annually.
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TIER: 3
TYPE OF REPORT: 2009 Annual Report
DATE NOD RECEIVED: January 5, 2012
DATE REPORT FILED: August 10, 2012
DAYS LATE: 196 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
TIER: 3
TYPE OF REPORT: 2010 Annual Report
DATE NOD RECEIVED: January 5, 2012
DATE REPORT FILED: August 10, 2012
DAYS LATE: 196 days
ASSESSED LATE FEE:
OTHER LATE FILINGS: No
TIER: 3
TYPE OF REPORT: 2010 Candidate Report
DATE NOD RECEIVED: January 5, 2012
DATE REPORT FILED: August 10, 2012
DAYS LATE: 196 days
ASSESSED LATE FEE:
OTHER LATE FILINGS: No
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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.
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Based on the waiver guideline, waive the late fee associated with the 2009 Tier 3 annual pfd.
Suspend all but $500, based on future compliance, of the late fee associated with the 2010 Tier 3 annual pfd.
Suspend all but $500, based on future compliance, of the late fee associated with the 2010 Tier 3 candidate pfd.
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| Assigned Attorney: |
Tracy Barker |
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