Meetings
 
Agenda Item
Docket No. 20-040
 
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RE:
Reconsideration of the Board's suspension of all but $1,000 of a $1500 late fee for a waiver request submitted by Tommy Evans, Mayor, Clarence, Natchitoches Parish (Pop. 499), regarding filing his 2017 Tier 3 annual pfd 483 days late.
Facts:
Mr. Evans is requesting reconsideration based on financial hardship. He was sent a request to complete the financial form and submit supporting documentation. Mr. Evans responded he is out of work due to the pandemic and unemployment benefits have stopped. He failed to complete the form or provide and supporting documentation.


Initial Information:


Mr. Evans stated he was given the incorrect information regarding filing annual PFD's. According to Mr. Evans, another elected official instructed him to only file a PFD when he had out of pocket cost expenses for an election.

Also, he shares a post office box with his family. He stated he was not aware he received a notification that was delinquent since he never received or signed for the NOD-FF. He says one of the family members that shares the PO Box may have signed and taken the notification letter.

Mr. Evans stated he spent June 2018 and 6-8 months thereafter under the care of a physician in Shreveport. Mr. Evans humbly asks the Ethics Board to dismiss the $1500 late fee or reduce the fine. Mr. Evans stated he is gathering his hospital documentation and would like to meet with a BOE representative. I have not received any supporting documents at this time.

Comments:
TYPE OF REPORT: 2017 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2018

DATE NOD RECEIVED: July 19 2018 (personally signed green card)


DATE REPORT FILED: November 25, 2019
DAYS LATE FROM NOD: 483 days
DAYS LATE FROM ORIGINAL DUE DATE:
559 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: Yes, $1500 for the 2016 Tier 3


OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 8 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:
Affirm decision to suspend all but $1000 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2020-040- Reconsideration Request (Tommy Evans)
2020-040- Reconsideration Response from - Tommy Evans
2020-040 - Waiver Request Tommy Evans