Waiver request submitted by Denis Henry McDonald, a member of the New Orleans Garden District Security Board, regarding a $1500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 241 days late. |
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Mr. McDonald states he did not file the report because he no longer served on the board and does not believe the Garden District Security Board properly informed the State or the Board of Ethics. He only filed the reports to stop receiving letters requesting the information. Mr. McDonald states that he did not receive the Notice of Delinquency on October 10, 2012 because he was at M.D. Anderson for cancer treatment from October 8, 9, and 10.
On January 10, 2014, a request for supporting documentation was sent to Mr. McDonald. The deadline for submitting information is February 10, 2014. On February 10, 2014, the agency received supporting documentation of Mr. McDonald's diagnosis of Myeloma and Melanoma, along with documentation of appointments, treatments, and medications. Documentation supports that Mr. McDonald had appointments at the time the Notice was received.
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2010 Tier 2.1
Annual PFD
NOD-FF issued: September 9, 2012
NOD-FF received: October 10, 2012
PFD due: October 20, 2012
PFD filed: June 28, 2013
Days late: 241 days
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
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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.
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Assigned Attorney: |
Tracy Barker |
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