Meetings
 
Agenda Item
Docket No. 18-1348
 
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RE:
Waiver request submitted by Cheri M. Gioe, with Children's Trust fund, regarding a $1500 late fee assessed for filing her 2016 Tier 2.1 annual PFD 189 days late.
Facts:
Ms. Gioe states that she was appointed to the Children's Trust Fund in 2008 and did not receive notification that annual filings were required with the Board of Ethics until 2015. She indicates that she served on the board without compensation and took time off from work to assist in the hiring of a director for the fund. She was told in late 2016 that the Governor was appointing a new member to take her place. She believed the notice she received to file a PFD in 2017 was in error because she was no longer on the board. Upon learning that a final filing was expected, she filed her PFD. The PFD is compliant and her waiver request is timely.

Comments:
TYPE OF REPORT: 2016 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2017

DATE NOD RECEIVED: November 13, 2017 (personally signed green card)


DATE REPORT FILED: May 30, 2018
DAYS LATE FROM NOD: 189 days
DAYS LATE FROM ORIGINAL DUE DATE: 380 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. 42:1124.2.1 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.

Recommendations:
Suspend all but $850 based on future compliance with the reporting requirements under the Code of Ethics. The $850 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:
2018-1348 Waiver Request