| Waiver request submitted by Arthur Lionel Busby, East New Orleans Neighborhood Advisory Commission, regarding a $1,500 late fee assessed for filing his 2011 Tier 2.1 annual PFD 236 days late. |
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Mr. Busby states that he filed the disclosure statement and therefore, should not have late fees imposed.
It took the staff many attempts to get Mr. Busby served with the Late Fee Order. However, the Board has considered previous waiver requests from other members from this Board involving the 2011 Tier 2.1 pfd filing and waived those fees based on the following reasons.
The Commission was created by statute; however, 2012 was the first year the Commission met the financial threshold triggering the filing requirements for its members. The Commission was unsure if its members or the members of its executive board were required to file annual pfds. As such, the Commission requested an opinion from the Board in late May. The staff requested additional information. The request was considered at the Board's August 17th board meeting. The Commission was advised that it needed to file. Notice of delinquencies were issued on August 20th and sent to the Commission's office address, not the individuals home address. It took time for the Commission to distribute the advisory opinion as well as the notice of delinquencies.
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TYPE OF REPORT: 2011 Tier 2.1 Annual PFD Report
DATE NOD RECEIVED: August 23, 2012 [Karol Sanders signed green card]
DATE REPORT FILED: May 7, 2013
DAYS LATE: 236 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. 42:1124.2.1 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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| Assigned Attorney: |
Tracy Barker |
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