Meetings
 
Agenda Item
Docket No. 7113-04
 
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RE:
Untimely waiver request submitted by Shawna Cockerham, a candidate for the Tullos Board of Aldermen in the October 2, 2010 election, regarding a $1,500 late fee assessed for filing her 2009 Tier 3 candidate pfd 553 days late.
Facts:
A waiver request or payment of the late fee was due by June 25, 2012. Ms. Cockerham states that she mailed a waiver request several times which staff has no record receiving. It appears that she may have mailed it to the physical address rather than the p.o. box address.

Since no waiver request was received by the staff, a demand letter was issued to Ms. Cockerham and the staff filed suit for collection in the 19th JDC.

Ms. Cockerham states that she cannot afford to pay the late fee assessment. She states that she lives in a one-income household and she is unable to work due to illness. A letter from her doctor has been submitted stating that she suffers from Interstitial Cystitis, which cause cysts and ulcers in the bladder. It is a genetic disorder that can lead to the removal of her bladder. This disease prevents her working.

Further, Ms. Cockerham does not believe the assessment is appropriate as she withdrew from the election before election day. After filing her qualifying papers, she was informed that her residence was not incorporated into the city limits, thus she could not run for office. It took two days to sort out for certain that her residence was not included in the city limits since they had attempted to have all of their property including the residence incorporated. The error that the home was not incorporated did not come to light until Ms. Cockerham attempted to run for public office. This was her first and only time to attempt to run for office. The day after qualifying, Ms. Cockerham, her husband, and mother met with the Town Clerk and Registrar of Voters who assured her that she could not run for the office without being challenged. Ms. Cockerham withdrew and did not open the packet she was given when she qualified.

A week before the election Ms. Cockerham was contacted by the Registrar of Voters to ask why she did not have her name removed from the ballot. Ms. Cockerham was not aware that anything needed to be done than what she had already done. She was told she needed to file withdrawal papers with the Secretary of State's office. The paperwork was filled out on September 27, 2010 and received by the Secretary of State on September 29, 2010. Supporting documentation has been submitted.

In December 2011, Ms. Cockerham received a "second notice" requesting the pfd report. The report was filed on April 12, 2012.

Ms. Cockerham is willing to remit court costs to settle this matter.

Comments:
TYPE OF REPORT: Tier Candidate Annual Report
DATE NOD RECEIVED: September 17, 2010
DATE REPORT FILED: April 12, 2012
DAYS LATE: 553 days

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

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:
Waive the late fee conditioned on receipt of court costs to cover the filing and dismissal of the collection lawsuit.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
7113-004- File Stamped Petition and Memo in Support for Rule to Show Cause
7113-004- Request for Reconsideration