| Waiver request submitted by Andrea Lemoine, a member of the Plaucheville Board of Aldermen, Avoyelles Parish, regarding a $350 late fee assessed for filing his 2012 Tier 3 annual pfd 7 days late. |
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Ms. Lemoine states that she called the office when she received the Notice of Delinquency and did not receive a returned phone call after leaving several messages. She states her time is limited as she spends her day in a classroom. She states she was misinformed of how to fill out the paperwork and this was the first time doing so. Ms. Lemoine states she does not make much money and the aldermen position pays less than $100 a month. Ms. Lemoine states the imposition of the late fee would cause a financial hardship.
On November 6, 2013, a request for supporting documentation was sent to Ms. Lemoine. The deadline for submitting the information was December 6, 2013. On December 6, 2013, Ms. Lemoine submitted her w-2's, credit card bills, phone bills, and tuition statements.
A review of our database indicates that staff returned Ms. Lemoine's phone call at the number she provided on the message on the morning of September 25, 2013, but there was no answer and the voicemail did not pick up. The same afternoon, staff calls the number again and speaks with Ms. Lemoine and explains the filing requirement. At the time of the phone call, Ms. Lemoine was already 5 days late.
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2012 Tier 3 Annual PFD:
NOD-FF issued: August 23, 2013
NOD-FF received: September 11, 2013
PFD due: September 20, 2013
PFD filed: September 27, 2013
Days late: 7
Late Fee Assessed: $350
Outstanding PFD Late Fees: None
Outstanding CF Late Fees: None
Outstanding Disclosure Reports: None
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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.
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Suspend all but $175 based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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