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Waiver request submitted by James Austin Gray, II, former member of the New Orleans City Council / District E / Orleans Parish, regarding a $2500 late fee assessed for filing his amended 2017 Tier 2 annual pfd 337 days late and a $2500 late fee assessed for filing his amended 2018 Tier 2 annual pfd 337 days late. |
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James Gray, II, is seeking a waiver for failing to file his 2017 and 2018 Amended PFD timely for the following reasons:
Mr. Gray stated he correctly provided his and his wife's income as required on the Schedule G form of his Tier 2 PFD. He stated that the income timely reported on the Schedule G, was not applicable to the Scheduled F form, as he nor his wife received any income from the city or the state other than their salaries, so there was no need for the amendment. Mr. Gray said he did not recall receiving the NOD-Amend, although the signature on the Green Card appears to be his. He does not know why he did not respond to the letter in a timely manner (he would not ignore a letter from the BOE). Mr. Gray asks the Board to waive his two $2500 late fees as his initial filings were timely and were accurate to his knowledge.
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TYPE OF REPORT: 2017 Tier 2 Annual Report - Amendment
INITIAL PFD FILED ON: 2/2/2019
DATE NOD RECEIVED: 10/4/2019 (personally signed green card)
DATE REPORT FILED: 9/16/2020
DAYS LATE FROM NOD: 337 days
DAYS LATE FROM ORIGINAL DUE DATE: 855 days
ASSESSED LATE FEE: $2500
TYPE OF REPORT: 2018 Tier 2 Annual Report - Amendment
INITIAL PFD FILED ON: May 15, 2019
DATE NOD RECEIVED: 10/4/2019 (personally signed green card)
DATE REPORT FILED: 9/16/2020
DAYS LATE FROM NOD: 337 days
DAYS LATE FROM ORIGINAL DUE DATE: 490 days
ASSESSED LATE FEE: $2500
PRIOR PFD LATE FEES: No
PRIOR CF LATE FEES: Yes, 13 Outstanding Late Fee Orders totaling $18,700; 6 Paid Late Fee Orders totaling $4,100
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 14 reports or amendments
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La. R.S. 42:1124.2
requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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.
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| Assigned Attorney: |
Tracy Barker |
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