Meetings
 
Agenda Item
Docket No. 13-1102
 
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RE:
Waiver request submitted by Dorothy Spencer, a member of the Pleasant Hill Board of Aldermen, regarding a $1,500 late fee assessed for filing her 2009 Tier 3 annual pfd 327 days late; a $1,500 late fee assessed for filing her 2010 Tier 3 annual pfd 360 days late; and a $1,500 late fee assessed for filing her amended 2011 Tier 3 candidate pfd 149 days late.
Facts:
Ms. Spencer does not understand why she is being assessed as she states she filled out the forms at the LMA conference ethics meeting. Further, she states the Mayor told her she was not required to file. Ms. Spencer states she is 71 years old on a fixed income with medical bills, medicines, and under a nephrologist care. She states that she is under a debt consolidation for $350/month.

Supporting documentation was requested and nothing was submitted in response.

Comments:
TYPE OF REPORT: 2009 Tier 3 Annual Report
DATE NOD RECEIVED: January 30, 2012
DATE REPORT FILED: January 9, 2013
DAYS LATE: 327 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2010 Tier 3 Annual Report
DATE NOD RECEIVED: January 30, 2012
DATE REPORT FILED: February 11, 2013
DAYS LATE: 360 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes

TYPE OF REPORT: 2011 Tier 3 Candidate Report (Nov. 6, 2012) (Amendment)
DATE NOD RECEIVED: February 14, 2013
DATE REPORT FILED: July 24, 2013
DAYS LATE: 149 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: Yes





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 seven (7) business days after receipt of the notice of delinquency.

Recommendations:
2009 pfd - waive all.

2010 pfd - decline to waive, offer a payment plan

2011 pfd (candidate) - decline to waive, offer a payment plan

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1102- Waiver Request
2013-1102- NOD-amend for 2011
2013-1102- Late Fee Order (for 2011 amendment)