Meetings
 
Agenda Item
Docket No. 12-427
 
Print
RE:
Reconsideration of a waiver request submitted by Ann Breland regarding a $1,500 late fee assessed for filing her 2009 Tier 3 candidate pfd 405 days late.
Facts:
TIER: 3
TYPE OF REPORT: 2009 Candidate Report


DAYS LATE: 405 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No



Ann Breland was a candidate for Clarks Board of Aldermen in the October 2, 2010 election. On September 15, 2010, Ms. Breland received a notice of delinquency. On November 14, 2011, the report was file 405 days late. A $1,500 late fee was assessed.

Ms. Breland stated this was her first time running for office. Now Ms. Breland states that the assessment will cause a financial hardship and does not have the money to pay the late fee. The late fee is more than she makes in a pay period.

Comments:
This matter was considered at the Board's May 2012 meeting where it declined to waive based on the waiver guidelines.

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 ten (10) days of the day the candidate filed 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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Affirm decline to waive. Direct the staff to negotiate a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-427- Request for Reconsideration
2012-427- Staff Memo