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Reconsideration of a waiver request submitted by Terri Brock, a former member of the Louisiana Emergency Response Network, regarding a $1,500 late fee assessed for filing her 2010 Tier 2.1 annual pfd 319 days late. |
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New Information
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Ms. Brock states that due to financial hardship to her employer, in January 2010, she notified the Executive Director of LERN that she would not be able to serve on the LERN board. In December 2009, the agency authorized to appoint a replacement was unable to appoint a replacement. Ms. Brock's initial waiver stated that her term ended on December 31, 2010. Ms. Brock states she did not receive the notice of delinquency because it was sent to her former employer's address, the address the staff had on record, and Ms. Brock states she did not notify Boards and Commissions (Secretary of State) nor the Board of Ethics because she resigned in January 2010, although her letter states her term ended in December 2010. Ms. Brock also states she spoke with Disclosure Section Director who stated that this was no more than a "clerical oversight." Filemaker does not record any telephone conversation between Ms. Brock and the Director.
Initial Information:
Ms. Brock states that her term ended on December 31, 2010. Ms. Brock states that after speaking with staff it was discovered that her report had not been submitted and was rejected without notification to her or her personnel. According to the records, Ms. Brock had not submitted any report for 2010 until May 6, 2013 in response to receiving a "second Notice." Ms. Brock has not submitted any records showing she either faxed or mail in the report prior to May 6, 2013. The report that was originally filed on May 6, 2013 was first filed on the wrong form, then submitted without a signature. It was finally corrected and submitted compliantly on May 6, 2013. The staff has no other record of any report being filed with the Board prior to this date.
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TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: June 1, 2012
DATE REPORT FILED: May 6, 2013
DAYS LATE: 319 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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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.
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.
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Suspend all but $250 based on future compliance if paid within 30 days.
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| Assigned Attorney: |
Tracy Barker |
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