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Waiver request submitted by Sam DiVittorio, Hammond City Council (Pop. 20,019)/ District 4 / Tangipahoa Parish, regarding a $1500 late fee assessed for filing his 2018 Tier 3 annual pfd 587 days late. |
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Initial Request for Waiver:
Sam DiVittorio stated he did not realize he had to file a 2018 Annual PFD, as he was a newly elected official and did not take office until 2019. Once he received his NOD, it took him a longer than expected to locate his 2018 records to complete the forms accurately. Mr. DiVittorio would greatly appreciate if his fine would be waived. This is Mr. DiVittorio first late fee assessment.
Reconsideration Request:
Mr. Divittorio's brother has submitted this request to reconsider the Board's action since his brother did not receive timely notice of the date of the consideration of this matter. Mr. Frank states that the position held by his brother is a part-time position and only has a single clerk to assist with administrative matters and she did not assist him with this filing. Mr. Frank states it is his brother's belief that he filed timely or would have filed timely on receiving notice to do so. He states the fine is nearly an entire month of compensation received for his service.
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TYPE OF REPORT: 2018 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2019
DATE NOD RECEIVED: 9/27/2019 (personally signed green card)
DATE REPORT FILED: 5/17/2021
DAYS LATE FROM NOD: 587 days
DAYS LATE FROM ORIGINAL DUE DATE: 733 days
ASSESSED LATE FEE: $1500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: Yes, 2 reports, $400 each
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Yes
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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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Suspend all but $1000 based on future compliance.
The $1000 is payable within 20 days and if payment is not received
within 20 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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