Meetings
 
Agenda Item
Docket No. 13-1274
 
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RE:
Waiver request submitted by Leroy Cook, a member of the East New Orleans Neighborhood Advisory Commission, regarding a $1,500 late fee assessed for filing his 2011 Tier 2.1 annual pfd 217 days late.
Facts:
Leroy Cook is a member of the East New Orleans Neighborhood Advisory Commission. The Commission was created by statute; however, 2012 was the first year the Commission met the financial threshold triggering the filing requirements for its members. The Commission was unsure if its members or the members of its executive board were required to file annual pfds. As such, the Commission requested an opinion from the Board in late May 2012. The staff requested additional information. The request was considered at the Board's August 17, 2012 board meeting. The Commission was advised that it needed to file. Notice of delinquencies were issued on August 20th and sent to the Commission's office address, not the individuals home address. It took time for the Commission to distribute the advisory opinion as well as the notice of delinquencies.

The Board has waived other members of the Commission's late fees in connection with the 2011 pfd.

Comments:
TYPE OF REPORT: 2011 Tier 2.1 Annual Report

DATE NOD RECEIVED: August 23, 2012
DATE REPORT FILED: April 18, 2013
DAYS LATE: 217 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

Law:
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. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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:
Waive the late fees.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1274- Waiver Request