Meetings
 
Agenda Item
Docket No. 19-908
 
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RE:
Waiver request submitted by Clifford Leslie "Kip" Holloway, with the Louisiana Arts Council, regarding a $1500 late fee assessed for failing to file his 2016 Tier 2.1 annual pfd and a $1500 late fee assessed for filing his 2017 Tier 2.1 annual pfd 55 days late.
Facts:
Mr. Holloway is asking for a waiver for the late fees assessed for 2016 and 2017. He states he is a volunteer to serve on the LA. Partnership of the Arts Council. He did not receive any reimbursements while serving. He attended two meetings, one in Lafayette and one in Baton Rouge. He is currently retired and no longer serves on any committees, councils or policy groups nor does he plan to serve on any of these groups in the future. He is asking for the waiver because he inadvertently did not comply with a requirement he misunderstood. There was confusion on his initial appointment. He was verbally informed of his nomination, but did not receive official notification of appointment until months later. He did not intentionally overlook the reports.


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

DATE NOD RECEIVED: June 11,2018 (personally signed green card)


DATE REPORT FILED: Not Filed
DAYS LATE FROM NOD: Not Filed


DAYS LATE FROM ORIGINAL DUE DATE: Not Filed
ASSESSED LATE FEE: $1500.00


TYPE OF REPORT: 2017 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2018

DATE NOD RECEIVED: June 11,2018 (personally signed green card)


DATE REPORT FILED: August 14, 2018
DAYS LATE FROM NOD: 55 days

DAYS LATE FROM ORIGINAL DUE DATE: 91 days
ASSESSED LATE FEE: $1500.00
PRIOR OUTSTANDING PFD LATE FEES: None

OUTSTANDING PFD STATEMENTS: Yes, 2016 Tier 2.1 OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 1 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:
2016 - decline to waive.

2017 - Suspend all but $250 based on future compliance with the reporting requirements under the Code of Ethics. The $250 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:
2019-908 Waiver Request