| Reconsideration of the Board's denial of a waiver request submitted by Sabrina Ellis, St. Landry Parish Water Works - District 5, regarding a $300 late fee assessed for filing her 2013 Tier 2.1 Annual PFD 6 days late. |
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New Information:
Ms. Ellis states that she was late because the certified mail was sent to her physical address rather than her P.O. Box and they would not leave it in her box. She stated that she could not get to the Post Office because it closes at 2:00 p.m. and she does not get off of work until 5:00 p.m. She further states that she was taking care of her father at that time, and he subsequently passed away on August 24, 2014. She finally spoke with the Post Master, who sent it to the District's office for her to accept.
It should be noted that the original due date was May 15, 2014. The notice of delinquency was received personally by Ms. Ellis on February 6, 2015. Her father passed on August 24, 2014, five months prior to her personal receipt of the notice of delinquency. The care of her father did not interfere with her ability to accept the notice of delinquency. Further, late fees do not begin to accrue until 7 business days past the receipt of the notice of delinquency. Again, she personally signed the green card.
The Waterworks District did pass a resolution to request that the Board waive her late fee because the board members serve without pay and the late fee is unduly harsh. The District Board also mentioned her father's illness.
Initial Information:
Ms. Ellis states that she did not know about the disclosure statement because the Notice of Delinquency was mailed to the wrong address. However, Ms. Ellis personally signed the green card. The signature on the green card matches the signature on her pfd.
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TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: February 6, 2015 [personally signed green card]
DATE REPORT FILED: February 24, 2015
DAYS LATE FROM NOD: 6 days
DAYS LATE FROM ORIGINAL DUE DATE: 285 days
ASSESSED LATE FEE: $300
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
Ms. Ellis has been filing since 2011.
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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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Affirm decline to waive, but offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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