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Waiver request submitted by Carl Nelson Indest, former member of the Benjamin Franklin Charter School- Orleans Parish, regarding $1500 late fee assessed for filing his 2015 Tier 3 annual PFD 411 days late. |
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Mr. Indest stated that he did respond to the NOD by completing a Tier 3 annual PFD form and faxing it to this agency. Mr. Indest initially stated that it was faxed from 504-561-6024; however, he now states that he has learned that there are other numbers that the fax could have come from. Mr. Indest did not provide those additional numbers (to check for receipt of PFD in a timely manner). Mr. Indest also stated that he was contacted by this agency saying that duplicate copies of the PFD were received. A review of the Disclosure database does not show a duplicate copy being filed or a record of a telephone conversation with Mr. Indest. Mr. Indest further stated that he has timely filed all of his previously filed PFD's.
Correspondence was sent to Mr. Indest requesting that he provide those additional fax numbers to ascertain if the requested PFD was timely filed after receiving the NOD.
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TYPE OF REPORT: 2015 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2016
DATE NOD RECEIVED: January 13, 2017 (domiciliary service on Robin Indest by State Police)
DATE REPORT FILED: March 12, 2018
DAYS LATE FROM NOD: 411 days
DAYS LATE FROM ORIGINAL DUE DATE: 665 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 7 reports or amendments
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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.
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Suspend all but $1000 based on future compliance with the reporting requirements under the Code of Ethics. The $1000 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.
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| Assigned Attorney: |
Tracy Barker |
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