| Reconsideration of a waiver request submitted by Theresa Simon, candidate for the Mermentau Board of Aldermen - Acadia Parish - in the November 4, 2014 election, regarding the denial to waive a $1,500 late fee assessed for failing to file her 2013 Tier 3 Candidate PFD. |
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The Board initially declined to waive the late fee since the pfd had not been filed. The pfd has now been filed.
Ms. Simon submitted a notarized statement (and supporting documentation) to show that she had personal problems and medical issues that resulted in her not being able to timely respond to the Notice of Delinquency. Ms. Simon alleges that she is the victim of stalking and that she suffered a nervous break down. The medical records appear to show depression and insomnia. She also states that her daughter is fighting Lymphoma at MD Anderson submitting receipts from the cafe and parking at MD Anderson.
Ms. Simon was not elected.
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TYPE OF REPORT: Tier 3 Candidate Report
DATE NOD RECEIVED: September 26, 2014 [personally signed green card]
DATE REPORT FILED:
DAYS LATE:
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. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within three (3) business days after the close of the qualifying period during which the candidate files his notice of candidacy for the office.
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 $500 based on future compliance with the reporting requirements under the Code of Ethics. The $500 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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