Meetings
 
Agenda Item
Docket No. 14-021
 
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RE:
Waiver request submitted by Willie George Lee, a member of the St. Helena Parish School Board, regarding a $1500 late fee assessed for filing his 2011 Tier 3 annual pfd 133 days late and a $150 late fee assessed for filing his 2012 Tier 3 annual pfd 3 days late.
Facts:
Attorney Jenna Linn submitted a waiver request on behalf of Mr. Lee. She states that Mr. Lee believed that the School Board staff filed his 2011 report timely via fax along with other school board members. He was not able to locate a fax confirmation. Ms. Linn also states that the imposition of the late fees would cause a financial hardship on Mr. Lee and his family.

On November 5, 2013, a request for supporting documentation of the financial hardship was sent to Mr. Lee. The deadline for submitting the information was December 5, 2013. On December 4, 2013, the staff received documentation. It includes credit card statements, bank statements, and hospital documentation of surgeries for his wife, Linda Harris.

On November 5, 2013, staff sent Ms. Linn an email requesting the fax number in which Mr. Lee faxed the pfd report. She provided the fax numbers and a request was sent to our IT department to locate the fax. The staff could not locate any faxes from those numbers on the server.

Comments:
2011 Tier 3

PFD: NOD-FF issued: April 25, 2013

NOD-FF received: May 1, 2013

PFD due: May 10, 2013

PFD filed: September 20, 2013

Days late: 133

Late Fee Assessed: $1,500

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

2012 Tier 3

PFD: NOD-FF issued: August 23, 2013

NOD-FF received: September 6, 2013

PFD due: September 17, 2013

PFD filed: September 20, 2013

Days late: 3

Late Fee Assessed: $150

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

Law:
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 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.
Recommendations:
2011 PFD: Suspend all but $500 based on future compliance, offer a payment plan.

2012 PFD: Waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-021: Waiver Request