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Reconsideration of the Board's suspension of all but $850 of a $1500 late fee from a waiver request submitted by Mr. James L. Llorens, with the East Baton Rouge Redevelopment Authority, regarding a filing his 2017 Tier 2.1 annual pfd 230 days late. |
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Mr. Llorens is reasserting the same reasons as in his original waiver request in his reconsideration request. Mr. Llorens states there was a delay in receiving the NOD and Waiver Result letter. However, Mr. Llorens personally signed the green card for the NOD and his waivers have been timely.
Initial Reasons for the Waiver Request:
James L. Llorens is requesting a waiver of the $1500 Late fee for the following reasons: Mr. Llorens stated he resigned from the board in 2017, after accepting a position with the Office of the Mayor-President of East Baton Rouge Parish which ended October 2017. He stated on 1/1/2018, he began an appointment as Interim Vice President for Academic Affairs at Florida Gulf Coast University (FGCU) in Fort Meyers, Florida. He and his wife temporarily relocated to Fort Myers and currently reside in Estero, Florida. Mr. Llorens still maintains his Baton Rouge residence, but are in the city sparingly. He did not have the mail forwarded because he anticipated his wife would return on a regular basis, since they would only be in Florida for 12-18 months. Mr. Llorens's appointment was extended and they will remain at FGCU through this academic year. Mr. Llorens said his son would occasionally stop by their Louisiana home to collect mail, but did not forward the mail. Mrs. Llorens recently visited Baton Rouge and returned 10/8/2019, with the mail that included the certified letter from the Board of Ethics. She was not sure how it was delivered or who signed for it. In September 2019, Mr. Llorens was contacted by the BOE and was informed that he did not submit his 2017 PFD, He immediately completed and submitted the PFD. Mr. Llorens apologizes for the delay in submitting his final PFD and stated he has served on various boards in East Baton Rouge Parish and has always attempted to submit disclosures in a timely manner. He ask the Ethics Board to consider his relocation and inability to access his mail on a regular basis as reason for waiving his late fee. This is Mr. Llorens first late fee.
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TYPE OF REPORT: 2017 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2018
DATE NOD RECEIVED: January 15, 2019 (personally signed green card)
DATE REPORT FILED: September 12, 2019
DAYS LATE FROM NOD: 230 days
DAYS LATE FROM ORIGINAL DUE DATE: 485 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 8 reports or amendments
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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.
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Affirm the Board's decision to 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.
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| Assigned Attorney: |
Tracy Barker |
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