Meetings
 
Agenda Item
Docket No. 19-118
 
Print
RE:
Request to waive the $50 late fee assessed for the late filing of a November 2018 Expenditure Report and an untimely request for reconsideration of the Board's decision to suspend a $1,500 late fee based on future compliance assessed against Sarah Omojola for the late filing of a Supplemental Registration report.
Facts:
$50 Late Fee:

Ms. Omojola states that she filed the November 2018 lobbying report late because of the Christmas holidays.


$1,500 Suspended Late Fee:

Initial Request

Ms. Omojola states that when she worked at Southern Poverty, Cassie Plunkett was responsible for filing her reports. When she left, Ms. Plunkett changed her registration and filed her June expenditure report late.

Request for Reconsideration

Ms. Omojola states she searched the Lobbying online system, and she did not find the section to submit her report. She also states she received no notice that she was late filing her report. Notices of delinquency regarding late registrations are not sent by staff, because staff does not know when lobbyists add or terminate a client.


Since leaving her previous employer, Southern Poverty Law Center, she states that she has not engaged in any lobbying activities or activities for which a lobbyist registration is required. Ms. Omojola states this assessment is overly punitive especially given the fact that she was employed at a non profit as a policy counsel. Ms. Omojola states that she is held to a stricter standard than other lobbyists, because if she is just one day late for submitting a report, she owes $1500 and $50. She is asking for a clean slate instead of the $1500 over her head. She states that she does not intend to ever register again, but if she does, will be more diligent with reporting guidelines.


Comments:
REPORT: November 2018 ER

REPORT DUE: December 27, 2018

REPORT FILED: December 28, 2018

DAYS LATE: 1 DAY

FEE ASSESSED: $50

ACTIVITY REPORTED: $0.00

OTHER LATE FILINGS: (1) June 2018 -$100- Supp Reg - Paid - 2018-1411 Declined to Waive

(2) June 2018 - $1500 - Supp Reg - Suspended based on future compliance 2018-1411 (3) June 2018 ER - $50 - Paid 2018-1411 Declined to Waive

REGISTERED BRANCHES: 2019 - not currently registered, 2018 - Leg/Exec

LOBBYING SINCE: 2017

The waiver requests for the prior late filings were considered by the Board at its December 14, 2018 meeting in BD 2018-1141. The waiver result letters were mailed to Ms. Omojola on December 17, 2018, and were received on December 20, 2018. Ms. Omojola's request for reconsideration was due by January 9, 2019, was postmarked on January 12, 2019, and received on January 15, 2019.


Law:
La R.S. 24:55 and 49:76 provide that registered lobbyists shall file a monthly expenditure report by the 25th day of the subsequent month.

La. R.S. 24:53A and 49:74A provide that "[e]ach lobbyist shall register with the ethics board as soon as possible after employment as a lobbyist or after the first action requiring his registration as a lobbyist, whichever occurs first, and in any event not later than five days after employment as a lobbyist or not later than five days after the first action requiring his registration as a lobbyist, whichever occurs first."

La. R.S. 24:53F(1)(a) and 49:74D(1)(a) provide that "[w]ithin ten days of termination of a registrant's employment or representation of any person, the registrant shall file a supplemental registration."

La. R.S. 24:58D(1)(a) and 49:78D(1)(a) provide that "[a]ny person required to register and who fails to timely register and any person who fails to timely file any report required by this Part shall be assessed, pursuant to R.S. 42:1157, a late fee of fifty dollars per day."

Recommendations:
1. Decline to waive the $50 late fee for the November 2018 late filing.

2. Decline to reconsider its decision to suspend the $1,500 late fee. However, do not reassess the late fee based on the November 2018 late filing.

Assigned Attorney: Kathleen Allen
 
 
ATTACHMENTS:
Description:
2019-118 Waiver Request
2019-118- Signed Green Cards - Sarah Omojola (2)