| Reconsideration of a waiver request submitted by Caroline Gaston, a member of the Farmerville Board of Aldermen, Union Parish, regarding a $1,500 late fee assessed for filing her 2012 Tier 3 annual pfd 246 days late. |
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At the January meeting, the Board declined to waive the late fee. Ms. Gatson, again asserts that she did not know she was required to file when she took office in 2013 since the report covered 2012 information, when she was not an elected official. She again asserts that she did not receive the notice of delinquency, although she personally signed the green card.
Ms. Gatson now asserts that she cannot afford to the late fee. She submitted a spreadsheet of income and expenses. Ms. Gatson states she receives $2,623/month. From the spreadsheet, it appears she has monthly expenses of $2,231.32. She states the expenses do not take into account unknown and unexpected expenditures like car expenses, or an air conditioning unit going out.
Initial Information:
Ms. Gatson states that she was elected in 2012 and did not realize she needed to file a report that covered 2012. She also states that she never received the notice of delinquency. However, she personally signed the green card evidencing receipt of the notice of delinquency.
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TYPE OF REPORT: 2012 Tier 3 Annual Report
DATE NOD RECEIVED: September 20, 2013 (personally signed green card)
DATE REPORT FILED: June 4, 2014
DAYS LATE: 246 days
ASSESSED LATE FEE: $1,500
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. 42:1124.3 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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Affirm the decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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