| Waiver request submitted by Juston Thomas, a member of the Washington Parish Council, regarding a $2,500 late fee assessed for filing a 2012 Tier 2 annual pfd 268 days late. |
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When Mr. Thomas received the notice of delinquency and read the general information section of the Tier 2 form, he misinterpreted the requirement of filing if you represent a voting district with a population of 5,000 or more as the population of "registered voters." Since his district has less than 5,000 registered voters, he did not think he needed to file.
When Mr. Thomas received a "second notice" and it was explained to him by staff that he did need to file, he filed the report.
Mr. Thomas states it was a misunderstanding that he did not file. He also states that the late fee will create a financial hardship. The Council position only pays a $1,000 a month. He states that he does have another source of income, but his household responsibilities are extremely high right now and his family's financial obligations are burdensome.
A request for supporting documentation was issued. Mr. Thomas replied stating that his wife's vehicle is broken and the repair estimate is $7,000, so he either has to fix it or buy a new car. He states that he refinanced his home and his mortgage payment increased to $1,900/month. He states that he has $10,000 in medical bills and owes $26,000 to the IRS. No actual documentation or bills was supplied. These debts are on top of his normal family-financial obligations.
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TYPE OF REPORT: 2012 Tier 2 Annual Report
DATE NOD RECEIVED: August 24, 2013 (personally signed green card)
DATE REPORT FILED: May 30, 2014
DAYS LATE: 268 days
ASSESSED LATE FEE: $2,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
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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 seven (7) business days after receipt of the notice of delinquency.
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Suspend all but $1,000 based on future compliance with the Code of Ethics disclosure requirements. The $1,000 is payable within 30 days or the full amount becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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