Meetings
 
Agenda Item
Docket No. 12-868
 
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RE:
Reconsideration of a waiver request submitted by Paula McNabb regarding a $1,500 late fee assessed for filing her 2010 Tier 3 candidate pfd 59 days late.
Facts:
TIER: 3
TYPE OF REPORT: 2010 Candidate Report (March 12, 2012 election)

DATE NOD RECEIVED: January 7, 2012

DATE REPORT FILED: March 29, 2012

DAYS LATE: 59 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: No

Paula McNabb was a candidate for the Greensburg Board of Aldermen.

In Ms. McNabb's initial request for a waiver, she stated that she filed her annual 2010 Tier 3 pfd on January 23, 2012 and assumed this was all she needed to file. She misunderstood the filing requirements.

Now, Ms. McNabb has submitted information stating that her spouse passed away in October 2011, a few months before she received the notice of delinquency in January 2012 and that she broke her ankle on December 25, 2011. In addition, this was the busiest time at her work with the St. Helena Parish Sheriff's office as a tax collector.

Comments:
At the July 2012 meeting, the Board declined to waive.



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:
Rescind the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-868- Staff Memo
2012-868- Reconsideration