Meetings
 
Agenda Item
Docket No. 18-814
 
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RE:
Waiver request submitted by Margaret Anne LeGrande Dickerson, a candidate in the March 24, 2018 election for the the Stonewall Town Council, Desoto Parish (Pop. 1,814), regarding $1500 late fee assessed for filing her 2017 Tier 3 Candidate PFD 92 days late.
Facts:
Ms. Dickerson states that when she filed for re-election she thought her Tier 2.1 annual PFD would satisfy the requirement for the Tier 3 Candidate PFD. Ms. Dickerson believes that since she filed at a higher level (2.1) than what was required for her annual report that her submission was timely. On January 26, 2018, she spoke with staff, was told that she was correct in filing the 2.1PDF statement. She states she was not told that she needed to file the Tier 3 Candidate PFD. On May 7, 2018, Ms. Dickerson called the office again and stated that she thought she was not required to file a Tier 3 Candidate PFD because the Tier 2.1 annual PFD would satisfy the requirements. She states the staff then told her to request a waiver. Ms. Dickerson states she was told that she was required to file a Tier 3 Candidate PFD and to file the request and the PFD prior to 5/25/18. Ms. Dickerson states she was under the belief that she was in compliance and a late fee is not warranted.

Comments:
TYPE OF REPORT: 2017 Tier 3 Candidate Report
ORIGINAL FILING DATE: January 10, 2018

DATE NOD RECEIVED: January 26, 2018 (personally signed green card)


DATE REPORT FILED: May 9, 2018
DAYS LATE FROM NOD: 92 days
DAYS LATE FROM ORIGINAL DUE DATE:
119 days
ASSESSED LATE FEE:
$1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 12 reports or amendments

Law:
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.

Recommendations:
Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2018-814 Staff Memo- Waiver Request