Meetings
 
Agenda Item
Docket No. 13-1265
 
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RE:
Waiver request submitted by former Rep. Nickie Monica regarding a $2,500 late fee assessed for filing his 2011 Tier 2 annual pfd 212 days late.
Facts:
Rep. Monica filed a notice for extension to file his 2011 pfd within 30 days of filing his 2011 federal tax return. However, this notice was not filed by May 15, 2012. As such, Rep. Monica was not entitled to an extension. Rep. Monica filed his federal tax return on March 13, 2013 and his 2011 pfd on March 15, 2013. Rep. Monica is no longer in office.

Rep. Monica states that the imposition of the late fee would create a financial hardship. Rep. Monica recently went through a divorce, which has taxed him considerably. He is responsible for private school education for two children as well as college education for one child. Hurricane Isaac also took a devastating toll on his parish as well as his personal home. In addition, Rep. Monica has outstanding debt owed to the IRS and State Revenue. Supporting documentation has been submitted.

Comments:
TYPE OF REPORT: 2011 Tier 2 Annual Report
DATE NOD RECEIVED: July 26, 2012
DATE REPORT FILED: March 15, 2013
DAYS LATE: 212 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

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 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 complaince with the Code of Ethics.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1265- Waiver Request