Meetings
 
Agenda Item
Docket No. 14-1470
 
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RE:
Appearance in connection with a waiver request submitted by Elizabeth Pittman-McDaniel, a member of the Tangipahoa Parish School Board, regarding a $500 late fee assessed for filing her 2013 Tier 2 annual pfd 5 days late.
Facts:
Ms. Pittman-McDaniel states that she faxed the pfd prior to the deadline in the notice of delinquency. A request for additional information was sent to Ms. Pittman-McDaniel requesting the fax number from which the fax was sent and the date in order to submit that information to the IT Department to conduct a search of the fax server. Ms. Pittman-McDaniel called staff and stated that she had submitted a copy of the fax and that it should show the fax number.

After a review of her documents submitted, it was determined that no fax cover sheet was included nor did the number show up on the fax itself. Only a copy of the first page of the pfd was included that was un-notarized. Again, it was requested that she provide the fax number and the date faxed. Ms. Pittman-McDaniel stated I could call her CPA to obtain that information. Ms. Pittman-McDaniel stated she thought the fax was sent around August 11, 2014. According to our records, the pfd report was received prior to that date on August 4, 2014. Further, the pfd report filed was notarized on August 4, 2014, making it unlikely that it could have been filed earlier than August 4, 2014.

In addition, Ms. Pittman-McDaniel alleges that the notice got to her with some delayed difficulty as it was sent to her rural mailbox and she had to drive 8 miles to retrieve the actual letter from her local Kentwood post office. Ms. Pittman-McDaniel personally signed the green-card evidencing receipt of the notice. It should be noted that the penalties do not begin to accrue until seven (7) days after Ms. Pittman-McDaniel signed the green-card.

Comments:
TYPE OF REPORT: 2013 Tier 2 Annual Report
DATE NOD RECEIVED: July 21, 2014 (personally signed green card)
DATE REPORT FILED: August 4, 2014
DAYS LATE: 5 days
ASSESSED LATE FEE: $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 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement 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:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-1470 - Staff Memo