Meetings
 
Agenda Item
Docket No. 17-787
 
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RE:
Waiver request submitted by Deborah Hale "Diane" Fabela, a member of the Epps Board of Aldermen - West Carroll Parish (Pop. 854), regarding a $1,500 late fee assessed for filing her 2015 Tier 3 annual pfd 147 days late.
Facts:
Ms. Fabela served as alderman until March 2016 when she was elected justice of the peace (in the March 2016 Election). Justices of the peace are not required to file PFD's. Therefore, as alderman, Ms. Fabela was required to file PFDs for 2015 and 2016.

Ms. Fabela stat that she is unfamiliar with the requirement in filing disclosure statements. She further stated that she files reports with the Legislative Auditor's Office and she may be getting those two requirements confused because both of the agencies are located in Baton Rouge. Ms. Fabela went on to say that she is unemployed and her son pays all of her expenses. Ms. Fabela request that the late fee be waved. She wants to assure the agency that she will timely file all future reports.

Comments:
TYPE OF REPORT: 2015 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2016

DATE NOD RECEIVED: December 23, 2016 (Byron Fabela signed green card)


DATE REPORT FILED: June 1, 2017
DAYS LATE FROM NOD: 147
DAYS LATE FROM ORIGINAL DUE DATE: 381
ASSESSED LATE FEE: $1,500
PRIOR PFD LATE FEES:
None

PRIOR CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 5 reports or amendments

Law:
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.

Recommendations:
Suspend all but $600 based on future compliance with the reporting requirements under the Code of Ethics. The $600 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
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2017-787 Waiver Request