Reconsideration of the Board's suspension of all but $1,050 based on future compliance in connection with a 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. |
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Ms. Simms states that she uploaded the PFD amendment on December 15, 2016. However, that report was her 2015 Tier 3 PFD. Ms. Simms contacted this office on November 30, 2016 when she received the NOD-Amend for the 2014 PFD. Staff explained that an amendment to the 2014 Tier 3 PFD was needed and her 2015 Tier 3 PFD was needed as well. Ms. Simms contacted the office again on December 9, 2016 regarding a letter she received. Again, Ms. Simms was advised that she needed to amend her 2014 Tier 3 PFD and file her 2015 Tier 3 PFD. On December 15, 2016, Ms. Simms only filed her 2015 Tier 3 PFD, she failed to file the amended 2014 Tier 3 PFD. The amendment was not filed until a "second" notice was issued with regards to the 2014 Tier 3 Amendment.
Initial Information:
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.
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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
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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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Affirm Board's prior decision to 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.
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Assigned Attorney: |
Tracy Barker |
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