Meetings
 
Agenda Item
Docket No. 13-090
 
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RE:
Untimely waiver request submitted by Shelly Tastet, a member of the St. Charles Parish Council, regarding a $2,500 late fee assessed for filing his 2009 Tier 2 annual pfd 136 days late.
Facts:
TIER: 2
TYPE OF REPORT: 2009 Annual Report

DATE NOD RECEIVED: October 12, 2011
DATE REPORT FILED: March 16, 2012
DAYS LATE: 136 days
ASSESSED LATE FEE:
$2,500
OTHER LATE FILINGS: 2 other late filings with assessed $2,500 fines which have been paid; 2010 Tier 2 annual - 167 days late and 2010 Tier 2 candidate - 84 days late

Comments:
Mr. Tastet received a late fee order on March 28, 2012. Mr. Tastet did not request a waiver or appeal the assessment. On January 22, 2013, Mr. Tastet received a demand letter requesting payment or a lawsuit would be filed for collection. Former Senator Joel Chaisson called on Mr. Tastet's behalf stating that he is very ill and the filing of a lawsuit would cause significant burden on his family as he is not expected to live. Ms. Tastet has submitted a letter from her husband's neurologist stating that he is suffering from dementia with impairments to his memory, attention, concentration, language and executive function. Mr. Tastet resigned from office last year due to this medical condition.

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 fourteen (14) business days after receipt of the notice of delinquency.

Recommendations:
Rescind based on Rule 1205.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-090- Staff Memo