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Waiver request submitted by Darry Dewayne Green, Jr., Bastrop Board of Alderman (Pop. 11,365) / District D /Morehouse Parish, regarding a $1500 late fee assessed for filing his amended 2018 Tier 3 annual pfd 212 days late. |
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Darry Green submitted an Untimely Wavier Request for the following reasons:
Mr. Green paid this late fee in January 2021 in order to qualify for the March 2021 election. He is now seeking an untimely waiver because he was distracted from the loss of his bother on August 8, 2020. The Late Fee Order was received on October 26, 2020 and waiver due on November 16, 2020.
He states that he timely mailed the amendment after receiving the notice because he could not use the fax machine as normal due to the COVID outbreak and employees testing positive. He did not think to send it by certified mail. As not to risk exposure to himself and his family, he decided to mail his disclosure (amendment) for the first time by regular USPS Mail. He stated that at the beginning of the Covid-19 Pandemic everything including his mail services "was off track" He "doesn't not think it is fair to be penalized from the actions of the pandemic". The $1500 fine he had to pay during the March 20, 2021 Election Qualifying Period to remain in office has put a financial strain on him and family. He is "begging" that BOE reimburse his payment of $1500.
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TYPE OF REPORT: 2018 Tier 3 Annual Report - Amendment
ORIGINAL FILING DATE: May 15, 2019
DATE NOD RECEIVED: 3/18/2020
DATE REPORT FILED: 2/3/2021
DAYS LATE FROM NOD: 212 days
DAYS LATE FROM ORIGINAL DUE DATE: 630days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 8 reports or amendments
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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 seven (7) business days after receipt of the notice of delinquency.
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Consider the untimely waiver request.
Suspend all based on future compliance with the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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