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Waiver request submitted by Erika L. Green, Metro Council/District 5/East Baton Rouge Parish, regarding a $2500 late fee assessed for filing her amended 2018 Tier 2 annual PFD 225 days late. |
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Erika Green is submitting a waiver request for the untimely filing of her 2018 Amended Tier 2 PFD Statement for the following reasons:
Ms. Green stated that on May 15, 2019, she filed a Tier 2 Candidate PFD (records show she filed a Tier 2. 1 Annual PFD not a Tier 2). She then received a notice dated August 24, 2020 stating she had been assessed a late fee of $2500 and to amend her 2018 PFD by completing the correct disclosure: Form 416A, not 417. Ms. Green contacted the BOE and was informed that the staff had attempted to contact her but were unsuccessful and was provided the dates she needed to file her amendment without penalty (January 21- 30, 2020).
Ms. Green
asserts she timely filed her 2018 PFD by the annual deadline of
5/15/ 2019, although it was filed on the incorrect form. She stated that the
Candidate's PFD filed 7/27/2020 (1st attempt to amend) was filed in error, but
the report contained all of the necessary information required for public disclosure
in accordance with Section 1124.2 of the Code of Governmental Ethics.
Ms. Green has also claimed financial hardship and submitted additional information.
Staff Notes:
The initial report filed by Ms. Green that she claims was timely filed was a Tier 2.1 form, which requires less disclosure than that required by her office. Also, the report referred to by Ms. Green filed on 7/27/2020 as her "attempted amendment" was her 2019 Tier 2 Candidate PFD filed for the November 2020 election refiled with "2019" scratched out and "2018" written above it.
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TYPE OF REPORT: 2018 Tier 2 Annual Report - Amendment
ORIGINAL FILING DATE: May 15, 2019
DATE NOD RECEIVED: 1/21/2020 (personally signed green card)
DATE REPORT FILED: 9/11/2020
DAYS LATE FROM NOD: 225 days
DAYS LATE FROM ORIGINAL DUE DATE: 485 days
ASSESSED LATE FEE: $2500
PRIOR PFD LATE FEES: None
PRIOR CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 10 reports or amendments
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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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Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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