Meetings
 
Agenda Item
Docket No. 13-281
 
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RE:
Waiver request submitted by Deborah Alexander, a member of the St. Gabriel City Council, regarding a $2,500 late fee assessed for filing her 2009 Tier 2 annual pfd 339 days late; a $2,500 late fee assessed for filing her 2010 Tier 2 annual pfd 339 days late; and a $2,500 late fee assessed for filing her 2011 Tier 2 annual pfd 94 days late.
Facts:
At a prior board meeting, the Board waived the late fee associated with the 2009 Tier 2 pfd; suspended all but $1,000 of the late fee associated with the 2010 Tier 2 annual pfd, which has been paid in full; and the Board decline to waive the $2,500 late fee associated with the 2011 Tier 2 annual pfd. Ms. Alexander requests reconsideration of this denial by the Board to waive this late fee.

New Information: Ms. Alexander requests a waiver as this is a large amount to be asked to pay. Further, she wants to know why it took so long to notify her of her late filing. The Board took that issue into consideration when it waived and reduced the late fees associated with the 2009 and 2010 pfds, respectively. However, the 2011 pfd was due by May 15, 2012 and the notice of delinquency was issued by August 17, 2012 and received at the address that Ms. Alexander has listed on all of her reports. Therefore, this notice was sent timely; however, the response was untimely. Initial Information: Ms. Alexander was not aware of the requirement to file these reports and did not mean to not file.



Comments:
TIER: 2
TYPE OF REPORT: 2009 Annual Report

DATE NOD RECEIVED: January 18, 2012
DATE REPORT FILED: January 11, 2013
DAYS LATE: 339 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

TIER: 2
TYPE OF REPORT: 2010 Annual Report

DATE NOD RECEIVED: January 18, 2012
DATE REPORT FILED: January 11, 2013
DAYS LATE: 339 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

TIER: 2
TYPE OF REPORT: 2011 Annual Report

DATE NOD RECEIVED: August 21, 2012
DATE REPORT FILED: December 14, 2012
DAYS LATE: 94 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: NO






Law:
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Affirm decline to waive the $2,500 late fee associated with the 2011 Tier 2 annual pfd.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-281- Staff Memo
2013-281- Reconsideration Request