| Request to reconsider the Board's suspension of all but $650 of a $1,500 late fee arising from a waiver request submitted by Philomene Burrell Allain, a former member of the New Orleans Council on Aging, regarding a $1,500 late fee assessed for filing her 2014 Tier 2.1 annual PFD 182 days late. |
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NEW INFORMATION:
Ms. Allain states that she is employed but that she still cannot pay the reduced late fee. If the Board cannot reduce it further, she asks for a payment plan. No supporting information was attached.
INITIAL INFORMATION:
Ms. Allain states that she did not sign for the NOD. She explains that her mailbox is located outside a locked gate and she seldom checks it. When she did check her mail around the time the NOD was issued, the certified letter was in the mailbox with the green card still attached. She states that once she was made aware of the notice, she responded immediately.
Ms. Allain further states that she attempted to fax the PFD on November 17, 2015; however, she states that the agency fax machine was not on. A request was made to the agency's IT Division. Result - No fax was received on November 17, 2015, from Ms. Allain. The results also showed that faxes were received prior to and after the time in which Ms. Allain states that the PFD was transmitted. Therefore, the fax system was operational at that time.
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TYPE OF REPORT: 2014 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: October 22, 2015 (PA signed the green card)
DATE REPORT FILED: May 2, 2016
DAYS LATE FROM NOD: 182 days
DAYS LATE FROM ORIGINAL DUE DATE: 353 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: None
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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 suspension of all but $650 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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