Meetings
 
Agenda Item
Docket No. 20-054
 
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RE:
Untimely waiver request submitted by Phyllis L. Miller, with the Grambling City Council, Lincoln Parish (Pop. 4949), regarding a $ 1500 late fee assessed for filing her 2018 Tier 3 annual pfd 77 days late.
Facts:
Phyllis L. Miller is requesting a waiver for the following reasons:

Ms. Miller stated her failure to file was an oversight, since she was dealing with serious medical issues when the PFD was due. Ms. Miller stated her medical issues started in May 2019 and she was preoccupied with doctors appointments, lab work and extensive examinations that led to a surgical procedure at Willis-Knighton South Hospital in Shreveport, LA in October 2019. Ms. Miller stated she was not trying to avoid reporting her financial information and she realizes that no matter what her personal situation is, it's her responsibility to abide by the Ethics Rules.

Ms. Miller stated she is in no financial position to pay the $1500 late fee assessment. She has not had full time employment since 2004. She stopped working full time to provide care for her mother until her passing. After her mothers death, she lived on the small amount of money left and social security, which mainly covered her cost of living. She has 2 part time positions for the City of Grambling totaling $10,620 and she received $1685 from the Teachers Retirement System bequeathed by her mother. As a City Council member, she receives only a small salary, which she did not begin to collect until January 2019. Her medical procedure required a substantial up-front payment; and she has not yet received all of the bills related to the medical services she received in September and October 2019. Ms. Miller asks the Ethics Board to consider her request to waive her late fee assessment. This is Ms. Miller's first delinquency and PFD late fee.

Comments:
TYPE OF REPORT: 2018 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2019

DATE NOD RECEIVED: September 10, 2019 (personally signed green card)


DATE REPORT FILED: December 5, 2019
DAYS LATE FROM NOD: 77 days
DAYS LATE FROM ORIGINAL DUE DATE:
204 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None

OUTSTANDING CF LATE FEES: None

PRIOR CF LATE FEES: Yes; 2018 $100- Paid

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 2 reports or amendments

Law:
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.

Recommendations:
Consider the untimely waiver request.

Suspend all but $200 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2020-054 - Waiver Request Phyllis L. Miller