| Reconsideration of the Board's denial of a waiver request submitted by Francis Ebarb, the Chief of Police for Noble, Sabine Parish, regarding a $1,500 late fee assessed for filing his 2012 Tier 3 annual pfd 189 days late. |
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The Board has considered this reconsideration. However, following receipt of the Board's result, Mr. Ebarb contacted staff and it appears staff did not have all information concerning his reasons for the waiver.
Mr. Ebarb engaged William Dyess to assist him with his request for reconsideration. According to Mr. Ebarb, he consulted with Mr. Dyess on another matter when this matter came up. Mr. Dyess stated he would take care of it and he would not have to pay. Mr. Dyess submitted information, again, asserting that Mrs. Ebarb was responsible for filing Mr. Ebarb's reports and she was battling cancer at the time.
Mr. Ebarb contacted staff regarding the waiver request. He stated that his wife was battling cancer that took a turn for the worse in July 2013. She was in the hospital undergoing chemo, blood transfusions, and other injections on almost a daily basis until her death on March 27, 2014. Supporting medical documents were submitted. It appears his wife signed the green card in September 2013. However, he stated they were not dealing with much accept fighting her cancer at that time as they were in the hospital more than they were at home. He received a "second notice" on March 21, 2014, a few days before his wife died. After her death, he went through all his old mail and paperwork finally realizing how much she really did do for him. He filed his report on April 14, 2014, a short period after receiving the "second notice.".
Initial Info:
Mr. Ebarb states that his wife was always responsible for and took care of his business for him. However, for the last three years she was battling spleen, lung, breast, liver and brain cancer. Mrs. Ebard died on March 27, 2014. He states that the ammonia from her liver cancer and her brain cancer seriously hindered her ability to take care of his matters. He states that his wife did the best she could. And, it was right prior to her death that they found out the effects her cancer were having on her.
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TYPE OF REPORT: 2012 Tier 3 Annual Report
DUE DATE: May 15, 2013
DATE NOD RECEIVED: September 26, 2013 (signed for by his wife, Monica Ebarb)
DATE REPORT FILED: April 14, 2014
DAYS LATE FROM NOD: 189 days
DAYS LATE: 303 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
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La. R.S. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a 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.
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Suspend all but $500 based on future compliance with the reporting requirements under the Code of Ethics. The $500 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.
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| Assigned Attorney: |
Tracy Barker |
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