Meetings
 
Agenda Item
Docket No. 22-623
 
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RE:
Untimely waiver request submitted by Kevin Dale Guidry, Calcasieu Parish Police Jury / District 9, regarding a $2500 late fee assessed for filing his 2019 Tier 2 annual pfd 442 days late.
Facts:
Mr. Guidry states that the postal office that services his area was heavily impacted by Hurricane Laura and short staffed due to Covid. He states he did not receive notice of the failure to file until he received the Late Fee Order dated 2/24/2022. Mr. Guidry came to the office on 4/1/2022 and made his filings on 4/8/2022, including the waiver request.
Comments:
TYPE OF REPORT: 2019 Tier 2 Annual Report
ORIGINAL FILING DATE: 7/6/2020
DATE NOD RECEIVED: 1/11/2021 (Covid)
DATE REPORT FILED: 4/8/2022
DAYS LATE FROM NOD: 442 days
DAYS LATE FROM ORIGINAL DUE DATE: 641 days
ASSESSED LATE FEE: $2500
PRIOR OR OUTSTANDING PFD LATE FEES: Yes: $2500, 2008 Tier 2 Annual Amendment, all but $1250 suspended, paid (suspended portion has not been reassessed)
PRIOR OR OUTSTANDING CF LATE FEES: Yes, $1560, 2020 Supplemental for the 10/12/2019 election, not paid; $60, 10-G for the 10/12/2019 election, paid; $40, 2017 Supplemental report for the 10/24/2015 election, paid
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2009
Law:
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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.

Recommendations:
Consider the untimely waiver request.

Suspend all but $1250 based on future compliance with the Code of Ethics. The $1250 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.


Reassess the prior suspended amount.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2022-623 - PFD Waiver