Meetings
 
Agenda Item
Docket No. 22-786
 
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RE:
Waiver request submitted by Carl Wayne Smith, City of Oberlin Alderman at Large / Allen Parish, regarding a $125 late fee assessed for filing his 2020 Tier 3 annual pfd 5 days late.
Facts:
Carl Wayne Smith stated he was out of town on a business trip and vacation when the notice was issued/received. He was not informed or reminded by the city staff to file his report. Mr. Smith submitted a waiver request referencing his Quarterly Purchasing Plan Affidavit. However, his late fee assessment is for failing to file his 2020 Annual PFD Statement late, not the Quarterly Affidavit. His documentation supports him being out of town when the LFO was issued/delivered but does not support when the NOD-FF letter was issued/delivered in October 2021.
Comments:
TYPE OF REPORT: 2020 Tier 3 Annual Report
ORIGINAL FILING DATE: May 17, 2021
DATE NOD RECEIVED: 10/19/2021 (Mary Ledoux)
DATE REPORT FILED: 11/2/2021
DAYS LATE FROM NOD: 5 days
DAYS LATE FROM ORIGINAL DUE DATE: 169 days
ASSESSED LATE FEE: $125
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2014
Law:
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.

Recommendations:
Suspend all based on future compliance with the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2022-786 - PFD Waiver