Meetings
 
Agenda Item
Docket No. 14-030
 
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RE:
Waiver request submitted by A. Lena Stewart, a member of the Eastern New Orleans Neighborhood Advisory Committee, regarding a $1500 late fee assessed for filing her 2011 Tier 2.1 annual pfd 298 days late.
Facts:
Ms. Stewart states that she did not receive the Notice of Delinquency dated on August 20, 2012. A review of our records indicate that the Notice was sent to the Eastern New Orleans Neighborhood Advisory Committee office, in which she states she is the president of the Pressburg East Homeowners Neighborhood Association within the ENONAC. It was the only known address the staff had at that time.

Ms. Stewart also states that she always timely completed her disclosure forms and gave them to the Committee to handle. A review of our database indicates that she filed her 2010, 2011, and 2012 annual reports on the same day.

Background Information:

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. 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 waived the late fees of other members of the Commission regarding their 2011 pfds.

Comments:
2011 Tier 2.1 Annual PFD:

NOD-FF issued: August 20, 2012

NOD-FF received: August 23, 2012

PFD due: September 13, 2012

PFD filed: July 8, 2013

Days late: 298

Late Fee Assessed: $1,500

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

Prior Late Fees Suspended/Waived: None

Law:
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.
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:
Waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-030: Waiver Request