| Reconsideration of the Board's denial of a waiver request submitted by Thomas Barnett regarding a $2,500 late fee assessed for filing his 2013 R.S. 42:1114 disclosure affidavit 364 days late. |
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The Board considered two waivers at the December 2015 meeting, one for the 2012 and one for the 2013. The Board waived the $2,500 late associated with the 2012 report and declined to waive the $2,500 late fee associated with the 2013 report.
Mr. Barnett is requesting reconsideration stating that the late fee would create a financial hardship as he was laid off in December 2015 and has not been able to find employment. He also states that the Board in an unrelated matter involving a filer with two late filings involving R.S. 42:1114 disclosures the Board suspended all of one late fee and suspended all but $500 of the second late fee following an appearance by the filer. He is asking his late fee be reduced to $500.
INITIAL INFORMATION:
Mr. Barnett was required to file a R.S. 42:1114 financial disclosure statement because he received a thing of economic value (salary) from a person (Magellan) that had a contractual relationship with his wife's (Michelle Barnett) agency, the Department of Health and Hospitals.
Ms. Barnett began working for Office of Behavioral Health with DHH on March 1, 2012, the same time the Magellan contract became effective with OBH. Mr. Barnett began working for Magellan on July 16, 2012. Therefore, his first disclosure statement would have been due for May 2013 covering calendar year 2012. Mr. Barnett states that he disclosed to Magellan his wife's employment with OBH/DHH. He states that no one informed him of his requirement to file with the Board of Ethics. Ms. Barnett also disclosed to OBH/DHH that her husband was offered a job with Magellan. However, his wife did take Ethics training in February 2013, prior to the first report's due date. She also took training again in October 2014. Mr. Barnett states he was not aware of the filing requirement until the Board of Ethics told him.
The Board has no waiver guidelines for these types of reports.
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TYPE OF REPORT: 2012 Financial Disclosure Statement (R.S. 42:1114)
REPORT DUE: May 15, 2013
NOD-FF RECEIVED:
DATE REPORT FILED: May 14, 2015
DAYS LATE: 729
ASSESSED LATE FEE: $2,500
TYPE OF REPORT: 2013 Financial Disclosure Statement (R.S. 42:1114)
REPORT DUE: May 15, 2014
NOD-FF RECEIVED:
DATE REPORT FILED: May 14, 2015
DAYS LATE: 364
ASSESSED LATE FEE: $2,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
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La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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2013 - suspend all but $500 based on future compliance with the disclosure requirements under the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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