Meetings
 
Agenda Item
Docket No. 13-1262
 
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RE:
Waiver request submitted by Kimberly Kennedy, member of the Varnado Board of Aldermen, regarding a $1,500 late fee assessed for filing her 2009 Tier 3 annual pfd 345 days late.
Facts:
Kimberly Kennedy states that in late 2009 her 12 yr old daughter was diagnoses with a rare form of cancer. Through out 2010, her daughter underwent 33 chemo treatments and 31 radiation treatments which left her hospitalized weeks at a time. Ms. Kennedy spent most of 2010 at Children's Hospital in New Orleans, which is why she overlooked the 2009 pfd due on May 15, 2010. Her daughter has been cancer free since 2011. However, in early 2012, her daughter became pregnant. Ms. Kennedy is now raising her granddaughter. Her father is also battling stage 4 lung cancer and as his only daughter, she is the primary caregiver. She states that she is unable to work due to caring for her grandchild and father. Her husband works out-of-state and although he makes decent money, they are still barely making ends meet. She states that the imposition of this late fee will create a financial hardship.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: February 21, 2012
DATE REPORT FILED: February 20, 2013
DAYS LATE: 345 days

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

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:
2013-1262- Waiver Request