Meetings
 
Agenda Item
Docket No. 18-267
 
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RE:
Waiver request submitted by Cynthia C. Simms, with the Baton Rouge Charter Academy, regarding a $1500 late fee assessed for filing her amended 2014 Tier 3 annual PFD 262 days late.
Facts:
Ms. Simms stated that she did not receive the NOD that was issued on 11/17/16. After reviewing the signatures on the green card receipt and the cover page of the 2014 annual PFD, it appears that the signatures are the same. Further, the staff notes indicate that Ms. Simms contacted this office on November 30, 2017, the date she says she did not received the NOD.

Ms. Simms stated that she cannot explain why Schedule B of her 2014 annual PFD was not completed. She stated that the omission was not intentional.

Comments:
TYPE OF REPORT: 2014 Tier 3 Annual Report - Amended


ORIGINAL FILING DATE: May 15, 2015NOD - amend Attempted: April 8, 2016 NOD - amend Attempted: May 25, 2016

NOD - amend Attempted: July 6, 2016

NOD - amend Attempted: October 7, 2016

NOD - amend Reissued: November 17, 2016



DATE NOD RECEIVED: November 30, 2016 (personally signed green card)


DATE REPORT FILED: August 28, 2017
DAYS LATE FROM NOD: 262 days
DAYS LATE FROM ORIGINAL DUE DATE:
836 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 4 reports or amendments

Law:
La. R.S. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a financial disclosure statement 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.

Recommendations:
Suspend all but $1,050 based on future compliance with the reporting requirements under the Code of Ethics. The $1,050 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2018-267 Staff Memo