| Reconsideration of a waiver request submitted by Gus May, a former member of the Workforce Investment Board, #83, regarding a $1500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 147 days late. |
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At the August 2014 meeting, Mr. May appeared before the Board in connection with the Board's consideration of a waiver of a $1,500 late fee assessed for the late filing of an amended 2008 Tier 2.1 annual pfd and a $1,500 late fee for the late filing of a 2009 Tier 2.1 annual pfd. The Board suspended all of the $1,500 late fee associated with the 2008 pfd and declined to waive the $1,500 late fee associated with the 2009 pfd.
Mr. May states that he was overwhelmed by the venue and did not present his case very well. Mr. May believes the Board had the wrong impression of him and even stated "he thumbed his nose at the state." Although, initially he did not want to disclose his wife's income as he did not think her finances were relevant, that was not the reason for the delay in filing the amended pfd. It should be noted that only the 2008 pfd involved an amendment and that late fee was suspended in full.
Mr. May states that he did not read the second the notice of delinquency and thought it was the same as the first. He thought the second notice was a mistake by the Board. He states that he has a strong record of protecting the interest of the state of Louisiana. He got caught up in retirement life and he was negligent in delaying compliance. However, $1,500 is a substantial amount of money and requests that the Board make the penalty better fit the offense.
Initial Info:
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 also personally signed the green card for the notice of delinquency received on the 2009 pfd.
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.
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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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Affirm Board's prior action.
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| Assigned Attorney: |
Tracy Barker |
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