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Answers submitted in response to a notice of delinquency received requesting a personal financial disclsoure statement be filed. |
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Many elected officials received a notice of delinquency requesting they file their 2011 annual pfds, which were due by May 15, 2012. Each of these elected officials filed an answer stating that since they left office on December 31, 2010, the lst report due was the 2010 annual pfd by May 15, 2011.
The newly elected officials would have taken office sometime in January 2011. Pursuant to La. R.S. 42:2 every public officer in this state, except in case of impeachment, suspension, or meeting the term limitations set forth in R.S. 42:3.2, shall continue to discharge the duties of his office until his successor is inducted into office.
Both Tier 2 and Tier 3 provisions provide that the filer file during each year the person holds office. If a newly elected official is not sworn into office until January 10th, then the previous elected official is holding office from January 1st through January 9th, and technically a report is due for that year.
As such, the year following the termination of office would be the following year. In the case herein, if the newly elected official was inducted into office on January 2, 2011 or thereafter, the former elected official owes a 2010 report by May 15, 2011 and a 2011 report by May 15, 2012.
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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 fourteen (14) business days after receipt of the notice of delinquency.
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.
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Advise that the filers are required to file and issue new notices of delinquencies.
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| Assigned Attorney: |
Tracy Barker |
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