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Request to reconsider the Board's decision to decline to waive a $500 late fee assessed against Darlene Francois Riley, candidate for Councilman / District 2 / St. James Parish, in the October 14, 2023 election, for filing her 2022 Tier 3 candidate pfd 46 days late. |
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Initial Waiver Request
Darlene F. Riley was the Alderman-At-Large for the Town of Lutcher for 12 years. Following the termination of her office, she ran for the St. James Parish Council. Although she submitted her disclosure, she listed the incorrect year. She later received a notice stating that her disclosure would be updated with the correct year and that no further action was needed. She assumed everything was current. (This involved her 2022 Tier 3 Annual PFD for her service on the Board of Aldermen for the Town of Lutcher.)
In 2022, her 95-year-old mother, whom she was the primary caregiver for, was placed in hospice. At that time, her mother was her top priority. Unfortunately, she passed away on 7/9/2022. During that time, Ms. Riley was highly stressed. Due to the reasons stated, she would like to request a waiver of the assessed late fee.
Reconsideration Request
Ms. Riley submitted the same letter as previously considered by the Board.
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TYPE OF REPORT: 2022Tier 3 Candidate Report
ORIGINAL FILING DATE: 08/15/2023
DATE NOD RECEIVED: 08/23/2023
DATE REPORT FILED: 10/17/2023
DAYS LATE FROM NOD: 46 days
DAYS LATE FROM ORIGINAL DUE DATE: 63 days
ASSESSED LATE FEE: $500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2010
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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 three (3) business days after the close of the
qualifying period during which the candidate files 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 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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Affirm prior decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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