| Waiver request submitted by Jacqueline H. Smith, a former member of the Audubon Charter School, regarding a $1,500 late fee assessed for filing her 2013 Tier 3 Annual PFD 108 days late. |
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Ms. Smith states that she submitted a check in the amount of $50 on April 21, 2015. Ms. Smith assumed that the check cleared her financial obligation and was related to the 2013 pfd. Ms. Smith states that it is her responsibility to read the materials and understand the Board's requirements, but she didn't. However, her payment was received on April 21, 2014, not 2015 and was for the late filing of her 2012 pfd, not the 2013 pfd. This payment was received prior to the issuance of the NOD for the 2013 pfd.
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TYPE OF REPORT: 2013 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: November 6, 2014 [Charles D. Smith signed green card]
DATE REPORT FILED: March 6, 2015
DAYS LATE FROM NOD: 108 days
DAYS LATE FROM ORIGINAL DATE: 295 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: $50 late fee (2012 PFD); paid
She has been filing since May 29, 2012.
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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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