| Waiver request submitted by Gus May, a former member of the Workforce Investment Board, #83, regarding a $1500 late fee assessed for filing his amended 2008 Tier 2.1 annual pfd 224 days late and a $1500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 147 days late. |
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Mr. May was issued two notices of delinquency for the 2008 amendment, one in April 2010 and the second in October 2012, which Mr. May personally signed the certified mail receipt.
Mr. May states he did not timely file the reports because he and his wife believed the reports were a violation of privacy and does not have a conflict of interest with the Board. Mr. May also states the imposition of the late fee would cause a financial hardship.
The Executive Director of the Workforce Investment Board, Terri Mitchell, also writes for leniency from the Board stating that Mr. May filed the report but did not include information about his spouse.
On March 6, 2014, a request for supporting documentation was sent to Mr. May. The deadline for submitting the information was April 7, 2014. On April 4, 2014, Mr. May submitted a letter to the Board addressing more reasons he did not timely file. He did not offer supporting documentation of financial hardship. Staff called Mr. May to clarify the request for such documentation. Mr. May states he does not want to submit documentation of financial hardship or documentation of his wife's current medical condition. He would, however, like to request an appearance before the Board.
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Amended 2008 Tier 2.1 Annual pfd:(no schedules were completed thus needed amendment)
NOD-Amend received: October 23, 2012
PFD filed: June 26, 2013
Days Late: 224
Late Fee Assessed: $1,500
Outstanding Disclosure Statements: None
Outstanding Late Fees: Yes
2009 Tier 2.1 annual pfd:
NOD-FF received: July 17, 2013 PFD due: July 26, 2013
PFD filed: December 20, 2013
Days late: 147 days
Late Fee Amount: $1,500
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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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2008 amend: suspend all based on future compliance.
2009: suspend all based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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