Meetings
 
Agenda Item
Docket No. 20-037
 
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RE:
Waiver request submitted by Gary V. Evans, District Attorney, 42nd Judicial District Court, DeSoto Parish, regarding a $2500 late fee assessed for filing his 2017 Tier 2 annual pfd 489 days late.
Facts:
Gary Evans is disputing /appealing the late fee assessed for the late filing of his 2017 PFD for the following reasons:

Mr. Evans stated he filed his report in a timely manner as he always does since he was elected DA. He stated he will provide copies of the 2017 Disclosure Statement with the fax transmittal confirmation as his supporting documentation. This is Mr. Evans' first late filing and PFD late fee.

Mr. Evans did not provide any supporting documents. An IT Helpdesk Ticket was created using the fax numbers provided by Mr. Evans. A search did not locate any faxes being sent from Mr. Evans to the Board transmitting his 2017 filing.

Comments:
TYPE OF REPORT: 2017 Tier 2 Annual Report
ORIGINAL FILING DATE: May 15, 2018

DATE NOD RECEIVED: July 20, 2018 (Mary Dukes signed green card)


DATE REPORT FILED: December 2, 2019
DAYS LATE FROM NOD: 489 days
DAYS LATE FROM ORIGINAL DUE DATE:
566 days
ASSESSED LATE FEE: $2500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

PRIOR CF LATE FEES: Yes; 2014 - $360 & 2015 - $560; Both Paid

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 7 reports or amendments

Law:
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.

Recommendations:
Suspend all but $1,250 based on future compliance with the reporting requirements under the Code of Ethics. The $1,250 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:
2020-037 - Waiver Request Gary V. Evans