Meetings
 
Agenda Item
Docket No. 16-607
 
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RE:
Waiver request submitted by Milton Edward "Butch" Stewart, a former member of the Kisatchie Delta Regional Planning and Development District Workforce Investment Board, Area #60, regarding a $1,500 late fee assessed for filing his 2014 Tier 2.1 annual PFD 201 days late.
Facts:
Mr. Steward states that he is 73 years old and receives no compensation for serving on these boards. He states that he attempted to file the correct PFD; however, he filed the wrong tier level form. Mr. Stewart states that he had numerous conversations with agency staff and the Tier 2.1 PFD was ultimately filed. This confusion involved the 2013 pfd filed in 2014. he initially filed a R.S. 42:1114 financial disclosure statement and was directed to file a R.S. 42:1124.2.1 disclosure statement. The disclosure at issue herein is the 2014 Tier 2.1 that was due in 2015.

He states that since the PFD does not violate the Ethics Code, he requests that the late fee be waived.

Comments:
TYPE OF REPORT: 2014 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: August 3, 2015 (personally signed green card)
DATE REPORT FILED: February 29, 2016
DAYS LATE FROM NOD: 201 days
DAYS LATE FROM ORIGINAL DUE DATE: 290 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None

He has filed four disclosures with the Board.


Law:
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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 seven (7) business days after receipt of the notice of delinquency.
Recommendations:
Suspend all but $850 based on future compliance with the reporting requirements under the Code of Ethics. The $850 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-607 - Waiver Request