Meetings
 
Agenda Item
Docket No. 24-945
 
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RE:
Waiver request submitted by Richard L. Wales, Walker City Council / at Large / Livingston Parish, regarding a $2500 late fee assessed for filing his 2023 Tier 2 annual pfd 27 days late.
Facts:
Maggie Madden is submitting a waiver on behalf of Richard Wales. The untimely filing of the report was due to Ms. Madden's confusion about Mr. Wales needing to file, and she believed she had 20 business days to submit the request. It is also a hectic time for most CPA offices. They were dealing with Hurricane Francine, and her office was closed from 9/11/24-9/12/24. Ms. Madden understands the need to enforce guidelines, but this was an unusual and forgivable circumstance.

In November 2022, Mr. Wales was diagnosed with Ramsey Hunt Syndrome, which caused severe balance issues and permanent hearing loss. He was forced to take early disability retirement from his chemical plant job and will not run for office in the future. This is the first late fee Mr. Wales received in his 13 years of being required to file. Extra measures have been taken to ensure he will file his next and last report on time.


Comments:
TYPE OF REPORT: 2023 Tier 2 Annual Report
ORIGINAL FILING DATE: May 15, 2024
DATE NOD RECEIVED: 7/15/2024 (Kathy Wales)
DATE REPORT FILED: 8/20/2024
DAYS LATE FROM NOD: 27 days
DAYS LATE FROM ORIGINAL DUE DATE: 97 days
ASSESSED LATE FEE: $2500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: Yes - 2004 $40 (paid)
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 16 reports or amendments
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 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 $250 based on future compliance with the Code of Ethics. The $250 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.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2024-945 - Untimely PFD Waiver 2023 Tier 2