Meetings
 
Agenda Item
Docket No. 13-814
 
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RE:
Waiver request submitted by Charlene Young, constable for St. Mary Parish, regarding a $1,500 late fee assessed for filing a 2010 Tier 3 candidate pfd 656 days late, a $1,500 late fee assessed for filing a 2010 Tier 3 annual pfd 331 days late and a $1,500 late fee assessed for filing a 2011 Tier 3 annual pfd 282 days late.
Facts:
Ms. Young states this has been a learning process since 2010. She also states that her husband suffered a heart attack in 2011 leaving them with hardship and emotional stress. She states that she is also a heart patient and needs help from family members to pay her bills. She has submitted a statement from Curtis Gailes who states he has loaned Ms. Young $2,000 and $95.64 at Conn's appliances. She has submitted a bill from her husband's doctor dated 5/7/2013 in the amount of $5,183.66 and one for her benefit of the same date in the amount of $1.650.31. Ms. Young's son has submitted a statement stating that he has been helping pay her electricity and grocery bill.

Comments:
TYPE OF REPORT: 2010 Tier 3 Candidate Report (April 2, 2011 election)
DATE NOD RECEIVED: March 28, 2011
DATE REPORT FILED: January 30, 2013
DAYS LATE: 656 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TYPE OF REPORT: 2010 Tier 3 Annual Report

DATE NOD RECEIVED: February 13, 2012
DATE REPORT FILED: January 30, 2013
DAYS LATE: 331 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TYPE OF REPORT: 2011 Tier 3 Annual Report
DATE NOD RECEIVED: June 13, 2012
DATE REPORT FILED: April 11, 2013
DAYS LATE: 282 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes, see above.





Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
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 fourteen (14) business days after receipt of the notice of delinquency.
Recommendations:
Based on the waiver guidelines, waive all of the late fee associated with the 2010 Tier 3 candidate pfd.

2010 Tier 3 annual - supsend all based on future compliance based on her financial hardship.

2011 Tier 3 annual - supsend all based on future compliance based on her financial hardship.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-814- Staff Memo (agenda)