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Waiver request submitted by Edwin Mark Shorty Jr., Board of Supervisors of Southern University and Agricultural and Mechanical College and Constable / 2nd City Court / Orleans Parish, regarding a $2500 late fee assessed for filing his amended 2019 Tier 2 annual pfd 263 days late and a $2500 late fee assessed for filing his 2020 Tier 2 annual pfd 129 days late. |
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Mr. Shorty stated when he was notified to correct the form, he promptly did so, but it was still incorrect. He was contacted by the Disclosure Director and instructed on how to correct the reports, to which he complied. When he spoke with the PFD Director he was informed that multiple letters were mailed to inform him of the delinquencies. During that time mail was sporadic and certified mail was not being delivered properly. Not only was this the case at his residence, but it was also happening at his New Orleans office. Until recently, certified mail sent to his office was signed by the mailman. Mr. Shorty stated mail is still an issue at his residence. In the past 2 years, he and his wife have only received one (1)certified letter, which was left in their mailbox (the letter was not from the BOE). He stated he never received any letters indicating he needed to correct his disclosure, nor the letter assessing his fine. His wife is trying to obtain a statement from the post office to confirm the MacArthur Post Office delivery issues in his area. Due to Covid-19 and Hurricane Ida, paying the fine would be a financial hardship as he has had more than a 100% increase in home insurance premiums while his income has decreased. His home insurance increased from $20K a year to $58K a year by LA Citizens Insurance Company, which had to be paid within a 4 month time frame. His finances have been stretched to the limit, and he would appreciate it if the Ethics Board would consider his late fee and waive his $5000 fines.
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TYPE OF REPORT: 2019 and 2020 Tier 2 Annual Report
ORIGINAL PFD FILED ON: 9/22/2021 - 2019 Amended
ORIGINAL FILING DATE: 2020 Annual - 05/17/2021
DATE NOD RECEIVED: (2019 Amended -01/20/2022) (2020 - 09/22/2021) (Covid)
DATE REPORT FILED: (2019 Amended - 10/21/2022) (2020 -02/07/2022)
DAYS LATE FROM NOD: (2019 Amended -263 days) (2020 -129 days)
DAYS LATE FROM ORIGINAL DUE DATE: 2020 - 266 days
ASSESSED LATE FEE: (2019 Amended -$2500) (2020 - $2500)
PRIOR/OUTSTANDING PFD LATE FEES: Yes, 2012 - $2500 Paid
PRIOR/OUTSTANDING CF LATE FEES: Yes, 2012 - $200 - Suspended
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2010
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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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2019 Amendment - Suspend all but $1250 based on future compliance with the Code of Ethics. Offer a payment plan.
2020 Annual - Decline to waive and offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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