Meetings
 
Agenda Item
Docket No. 14-221
 
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RE:
Waiver request submitted by Rita Benson LeBlanc, a member of the New Orleans Business Alliance, regarding a $400 late fee assessed for filing her 2011 Tier 2.1 annual pfd 8 days late and a $700 late fee assessed for filing her 2012 Tier 2.1 annual pfd 14 days late.
Facts:
Ms. LeBlanc states during the time the report was due, she was traveling and it was her understanding that her staff timely mailed and filed the report. She also states a new assistant began that week. She does not have documentation that her report was timely filed.

During phone calls with staff, Ms. LeBlanc discovered she had an outstanding report for 2012. She filed the report 14 days late. It was discovered that staff accepted the May 29, 2013 filing as her 2011 report because the report was outstanding after recently receiving the NOD. Because of the misunderstanding, Ms. LeBlanc received a NOD for 2012. She has filed all outstanding pfds.

Comments:
2011 Tier 2.1 Annual PFD:

NOD-FF issued: April 30, 2013

NOD-FF received: May 9, 2013 [C. Brown signed green card]


PFD due: May 20, 2013

PFD filed: May 29, 2012

Days late: 8

Late Fee Assessed: $400

2012 Tier 2.1 Annual PFD:

NOD-FF issued: January 10, 2014

NOD-FF received: January 13, 2014 [C. Brown signed the green card]


PFD due: January 23, 2014

PFD filed: February 6, 2014

Days late: 14

Late Fee Assessed: $700

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:
2011 - Suspend all but $250 based on future compliance with the reporting requirements under the Code of Ethics. The $250 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.

2012 - Waive the fine.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-221: Waiver Request