|
Reconsideration request that the Board waive the $500 late fee assessed against Dino Paternostro for the late filing of a 2013 Legislative Supplemental Registration report. |
|
Mr. Paternostro states that there seemed to be an honest error on his part about he start date of his representation of NOLA Motorsports in April 2013 at the beginning of the 2013 Session. As evidenced by various emails, between April 11 and April 18, the unofficial representation may have occurred as early as April 9, 2013 with the official representation occurring as late as April 18, 2013 or some date in between.
April 9, 2013 - Mr. Laney Chouest, Owner of NOLA Motorsports, sends email to Dino Paternostro giving his approval to proceed with a contract and indicates that Ms. Carleen Burgess of his Finance Department will handle execution of the contract.
April 11, 2013- Dino Paternostro sends email to Ms. Carleen Burgess as instructed asking her what's the best number to reach her to follow up about the contract.
April 12, 2013 - Dino Paternostro sends email to Ms. Carleen Burgess along with a draft contract proposal.
April 15, 2013 - Ms. Carleen Burgess sends email to Dino Paternostro asking him to resend the contract since she could not print it out.
April 16, 2013 - Ms. Carleen Burgess sends email to Dino Paternostro with signed agreement, back dating the signature by NOLA Motorsports to April 11.
April 18, 2013- Dino Paternostro sends email to Ms. Carleen Burgess with his signature back dated to April 11, thus finally executing the written agreement signed by both parties.
The contract process between Paternostro and Burgess was initiated on April 11 but not concluded until April 18.
Subsequently,. Dino Paternostro submitted his supplemental registration on the ethics website, but mistakenly reported April 11, 2013 as the representation start date, which would have required filing within 5 days by April 16, 2013. Upon further review of the records, it is clear now that the representation could not have occurred until April 16 at the earliest when Ms. Burgess first sent the signed agreement. It could also be argued that the more appropriate date would be April 18, at which time both parties had finally signed and executed the agreement.
Mr. Paternostro is providing this additional information and timeline, as supporting evidence that his official and legal representation with NOLA Motorsports actually began on April 18, 2013 and thus would have required him to file his supplemental registration information five days later by April 23. Thus, his electronic filing on April 26 would only be three days late with a fine of $150 (3x$50) instead of ten days late with a fine of $500 as originally assessed and since appealed.
|
|
REPORT: 2013 Legislative Supplemental Registration
REPORT DUE: April 16, 2013
REPORT FILED: April 26, 2013
DAYS LATE: 10
FEE ASSESSED: $500
OTHER LATE FILINGS: 10 Expenditure Reports
ACTIVITY REPORTED: None
|
|
|
La R.S. 24:58D(1), 49:78D(1) state that any person required to register and who fails to timely register and any person who fails to timely file any report required by this Part shall be assessed, pursuant to R.S. 42:1157, a late fee of fifty dollars per day.
|
|
| Assigned Attorney: |
Mike Dupree |
|
|