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Agenda Item
Docket No. 12-2194
 
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RE:
Answer submitted by Michael Stockwell, Constable for Evangeline Parish, Ward 2, regarding a notice of delinquency requesting he file a 2010 Tier 2 annual pfd.
Facts:
Michael Stockwell is a Constable for Evangeline Parish, Ward 2. He received a notice of delinquency requesting he file a 2010 Tier 2 annual pfd. He had previously filed, timely, a 2010 Tier 3 annual pfd.

Mr. Stockwell has submitted information from Micheal Hefner of Geographic Planning & Demographic Services, the demographer for Evangeline Parish since 1990. According to information submitted by Mr. Hefner based on the Evangeline Parish Registrar of Voters statement that the Ward 2 constable district encompassed the same elections boundaries as the Evangeline Parish Police Jury District 2, it appears the district's population for both the 2000 and 2010 decennial censuses is less than 5,000. As such, that would place Mr. Stockwell's reporting requirement under Tier 3, not Tier 2.

The staff has not found any other documentation to dispute Mr. Stockwell's assertion.

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.

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.

Recommendations:
Advise Ms. Stockwell he is required to file under Tier 3 as he has been doing.

Assigned Attorney: Tracy Barker
 
 
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