| Reconsideration of the Board's denial of a waiver request submitted by Carrie B. Nettles, former member of the Workforce Investment Board, regarding a $1,500 late fee assessed for filing her 2013 Tier 2.1 Annual PFD 118 days late. |
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The Board considered two waiver requests at the October 2015 meeting, one for the 2012 Tier 2.1 pfd-amendment and one for the 2013 Tier 2.1 pfd. The Board suspended the late fee associated with the 2012 amendment since she only failed to disclose her husband's public income. The Board decline to waive the 2013, which involved a failure to file.
Ms. Nettles reasons center around her failure to report her husband's income, which only involves the 2012 that the Board has suspended. No new reasons are given as to the late filing of the 2013. Ms. Nettles does state that the late fee would create a financial hardship as it represents half of her husband's monthly salary. He earns $32,000 annually. However, Ms. Nettles is also employed as a multi-unit Human Resource Manager for the Macy's locations in the New Orleans area. No other documents are submitted to support financial hardship.
INITIAL INFORMATION:
Ms. Nettles states that she did not receive the NOD sent in March 2014. Her husband signed for it and she did not know it was received. She also states that the penalty is not something she can afford. Ms. Nettles received a NOD-Amend for the 2012 pfd since she did not disclose her husband's income received from the City of Slidell by exact dollar figure.
Ms. Nettles personally signed the green card for the NOD for her failure to file the 2013 pfd in May 2014. She resigned from the Board in November 2014.
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TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: February 2, 2015 [personally signed green card]
DATE REPORT FILED: June 9, 2015
DAYS LATE FROM NOD: 118 days
DAYS LATE FROM ORIGINAL DATE: 391 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: Yes, 2012 Tier 2.1 Amendment, assessed $1,500, suspended all at the October 2015 meeting.
She has been filing since 2012.
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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 Board's prior decision for the 2013 pfd - decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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