| Reconsideration of the Board's denial of a waiver request submitted by James Michael "Jimmy" Santangelo, East Baton Rouge Parish Constable - Ward 2, District 1, regarding a $1,200 late fee assessed for filing his 2014 Tier 2 Annual PFD 12 days late. |
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This matter was reconsidered at the February 2016 meeting. Following the meeting, it was determined that Mr. Santangelo, a constable, was placed in the wrong reporting tier and he is a Tier 3, not a Tier 2. Staff is in the process of collecting the correct tier form from Mr. Santangelo.
New Information:
Mr. Santangelo states that he attends the Attorney General's Conference every year. He states they were given the required paperwork to fill out and send to the Board's office. He stated that his Judge, Justice of Peace Virginia Forbes sent in their paperwork together at the same time, hers through certified mail and his via regular mail. He states he was then contacted that the Board did not receive his paperwork and that he had to go online to download the forms and resubmit them.
It should be noted that the Justice of the Peace is not required to file any reports with the Board. However, both Mr. Santangelo and his Judge are required to file financial reports with the Legislative Auditor and it is assumed this is the report that both he and his Judge filed at the same time. It appears he has confused the two reports.
He also states that he does not make much as a constable, not even enough to cover his expenses.
Initial Information:
Mr. Santangelo states that he immediately responded to the Notice of Delinquency and believes that he did timely file. He explains that he only receives $300 compensation and has two other jobs.
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TYPE OF REPORT: 2014 Tier 2 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: June 8, 2015 [Marissa Stone signed green card]
DATE REPORT FILED: June 29, 2015
DAYS LATE FROM NOD: 12 days
DAYS LATE FROM ORIGINAL DUE DATE: 45 days
ASSESSED LATE FEE: $1,200
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: $2,500 waived (2011 annual PFD)
PRIOR DISCLOSURE LATE FEES: Yes
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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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| Assigned Attorney: |
Tracy Barker |
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