| Waiver request submitted by Jean Guy Celestin, New Orleans Board of City Trust, regarding a $300 late fee assessed for filing his 2015 Tier 2.1 annual PFD 6 days late. |
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Mr. Celestin states that he responded to the NOD shortly after receiving it. He states that he faxed the disclosure statement to the agency on or about October 6, 2016. Mr. Celestin believes that either the fax machine had technical issues or his disclosure statement was misplaced. He requests that the late fee be waived "this one time only" and that he will keep fax receipts and also call to verify receipt of his filings. He also states that he cannot afford the $300 late fee and asks that he be given the benefit of the doubt.
The IT Department ran a search on the fax server and found no faxed report on October 6th or at any other time between receipt of NOD and filing on October 18th. Further, the fax server shows no attempt by Mr. Celestin during that time period.
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TYPE OF REPORT: 2015 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2016
DATE NOD RECEIVED: October 3, 2016 (green card not returned)
DATE REPORT FILED: October 18, 2016
DAYS LATE FROM NOD: 6 days
DAYS LATE FROM ORIGINAL DUE DATE: 155 days
ASSESSED LATE FEE: $300
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: Yes
2008 annual PFD ($1,500 late fee)
February 2010 Agenda: Waived
2010 annual PFD ($1,500 late fee)
September 2013: Paid
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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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