| Untimely waiver request submitted by Pamela Metzger, a member of the Louisiana Public Defender Board, regarding a $1500 late fee assessed for filing her 2010 Tier 2.1 annual pfd 298 days late. |
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On June 17, 2013, Ms. Metzger received a late fee order for failing to timely file the above referenced disclosure statement.
The deadline for requesting a waiver or paying the $1500 late fee was July 8, 2013. Neither was received. On September 16, 2013, Ms. Metzger received a Demand Letter of failure to pay late fees. She filed a waiver on September 13, 2013. It was 70 days late.
Ms. Metzger states that although the certified late fee assessment letter was received by the university on June 17, 2013, she did not receive it until much later after school started on August 23, 2013. She explains that she did not read the letter until September 6, 2013 when she sorted through her summer mail. Because of these circumstances, she requests that the Board consider her waiver request timely. The late fee order was sent to the address listed on her pfd report, which was Tulane Law School.
Ms. Metzger says she was not aware of the failure to file her 2010 report until the spring of 2013. (It should be noted that she was personally served in May 2012 by State Police with a notice of delinquency) It was at that point that she reached out to the staff and filed her report. Although she cannot explain why she did not timely file her report, she believes the fine is excessive. She says she works hard on the Public Defender Board to help Louisiana citizens receive fair representation in criminal court. Ms. Metzger states that because of her role on the Board she incurred personal and professional costs to include childcare expenses and vehicle depreciation. She has also had to postpone a promotion from Tulane. Because of the amount of time (personal and professional) she has sacrificed to the Board, she asks that her fine be waived.
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TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: May 14, 2012
DATE REPORT FILED: April 8, 2013
DAYS LATE: 298 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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.
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| Assigned Attorney: |
Tracy Barker |
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