Meetings
 
Agenda Item
Docket No. 20-042
 
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RE:
Waiver request submitted by Patricia Freeman Westley, with the Kenner Housing Authority, Jefferson Parish, regarding a $1500 late fee assessed for filing her 2017 Tier 2.1 annual pfd 201 days late.
Facts:
Patricia F. Westley is seeking a waiver request for the following reasons:

Ms. Westley stated she is a retired Jefferson Parish school teacher, dedicating over 40 years of service. Ms. Westley stated once she retired, she was looking for a way to continue to give back to her community, so she accepted a position as a commissioner for the Kenner Housing Authority. During her tenure, on of the Assistant Attorneys would issue the disclosure forms at the meetings and she would simply complete and return it back to the assistant. She was unaware the forms were available online until she was informed by Tracy Barker, several months later.

In 2017, the City of Kenner elected a new administration and terminated everyone associated with the Kenner Housing Authority, including the commissioners. Ms. Westley assumed the termination would be reported to all the proper authorities. Therefore, when she received the NOD, she thought the letter was sent in error. When she received the Late Fee Notice, she contacted and visited the City of Kenner City Attorneys Office to inquire about the PFD filing and the termination date, but never received a reply to her request. She then contacted the Kenner Housing Authority, and received the termination date. Ms. Westley stated all of the factors above led to the delay in responding to the BOE. She says the $1500 fine would be a huge burden since she is a widower, living on a teachers pension. Ms. Westley stated she only wanted to continue her civic duty when accepting the position on the Kenner Housing Authority. The late fee assessment wold be 3/4 % of her monthly pension, therefore, she respectfully request the Ethics Board to waive the late fee.

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

DATE NOD RECEIVED: December 14, 2018 (personally signed green card)


DATE REPORT FILED: July 16, 2019
DAYS LATE FROM NOD: 201 days
DAYS LATE FROM ORIGINAL DUE DATE:
427 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 6 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. Offer a payment plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2020-042 - Waiver Request Patricia Freeman Westley