Meetings
 
Agenda Item
Docket No. 20-523
 
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RE:
Waiver request submitted by Whitney Phillip Brown, Homer A Plessy Community School, regarding a $1500 late fee assessed for filing his 2017 Tier 3 Annual PFD 402 days late.
Facts:
Whitney Phillip Brown is seeking a waiver for the late filing of his 2017 PFD. Mr. Brown states he served on the Homer A. Plessy Community School Board from 2015-2017 until his resignation on June 5, 2017. It was common practice that the Board Chair and Vice-Chair would remind the board members at board meetings and via email to file the Tier 3 Annual Personal Financial Disclosure Statement for each calendar year. However, he was not a member in 2018 when board members were reminded of the filing requirements. Also, subsequent to his departure, the board began to use gmail email addresses for correspondence and he was not a recipient of an email address as he had already stepped down, so he was not aware he was still required to file.

Mr.Brown stated that on February 13, 2019 he was at work when the NOD was delivered and his mother, who was at his house taking care of his son, signed the green card. Mr. Brown asks that the Ethics Board please consider that he and his family have been affected financially by the COVID-19 Pandemic. He has incurred additional expenses for food and medical items for his family members who have not been able to support themselves during this time of crisis due to health issues and loss of income from cutbacks at their occupations.

Comments:
TYPE OF REPORT: 2017 Tier 3 Annual Report
ORIGINAL FILING DATE: May 15, 2018

DATE NOD RECEIVED: 02/13/2019 (Audrey Brown signed green card)

DATE REPORT FILED: 03/30/2020
DAYS LATE FROM NOD:
402 days
DAYS LATE FROM ORIGINAL DUE DATE: 685
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES:
None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 5 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:
Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2020-523 - PFD Waiver Requst Whitney Phillip Brown