Meetings
 
Agenda Item
Docket No. 23-381
 
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RE:
Waiver request submitted by Shana Marie Freeman, Constable / Ward 4 / Lincoln Parish, regarding a $2500 late fee assessed for filing her 2021 Tier 2 annual pfd 25 days late.
Facts:
Shana Freeman states that the notice may have been delivered, but she received it a few weeks later. Someone else checked the mail and set it aside. She recalls completing the form as soon as she was aware it was late. Prior to receiving the NOD, she was unaware that the constable was required to complete the Tier 2 Annual PFD in addition to the document completed for the election. She did not receive any reminders or training regarding this document's need for completion. Ms. Freeman feels that it is unethical to be charged $250-$400 more than what is received annually for her position. She would also like to know why a Justice of the Peace is not required to file the Tier 2 statement. Ms. Freeman would like to ask that the late fee be waived, reduced, or suspended.
Comments:
TYPE OF REPORT: 2021 Tier 2 Annual Report
ORIGINAL FILING DATE: May 16, 2022
DATE NOD RECEIVED: 9/27/2022 (covid)
DATE REPORT FILED: 10/31/2022
DAYS LATE FROM NOD: 25 days
DAYS LATE FROM ORIGINAL DUE DATE: 168 days
ASSESSED LATE FEE: $2500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2020
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 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.

Recommendations:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-381 - PFD Waiver