Meetings
 
Agenda Item
Docket No. 20-832
 
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RE:
Waiver request submitted by Lance D. Query, Cypress Academy Charter School Board, regarding a $1500 late fee assessed for filing his 2018 Tier 3 Annual PFD 446 days late.
Facts:
Lance Query requests a waiver for the following reasons:

He stated that Cypress Academy was a public charter school of the Orleans Parish School Board (OPSB). The school was founded to educate students, with autism, dyslexia, and other learning disabilities; 20% of admissions were earmarked for such students. He served as president of the Cypress Charter School Association Board and by all accounts (parents, teachers, OPSB administrators), the school was successful in its mission. Serving students with learning disabilities required more staff and despite extraordinary efforts to raise additional public and private funds for additional staff, by mid-2017 it was evident that Cypress could no longer sustain the costs of such a labor-intensive school. In June 2018, Cypress' assets were transferred and its charter was surrendered to OPSB. Prior to this, he filed all of his PFD's timely. When he received the NOD, he contacted the BOE and explained to the compliance officer that the school was closed. He offered to provide additional information, but the compliance officer stated she would contact the OPSB. He never heard back from her, so he thought his explanation was sufficient and that the matter was settled. He then received a second notice and on 11/4/2019, he spoke with a staff member regarding his previous communication with the compliance officer. The staff member stated he would be in contact with OPSB and that he would let him know if anything new comes up. Query stated he never received a response, until he received the late fee order. He contacted the staff member again, who apologized for the misunderstanding, and advised him to file and submit an appeal. Mr. Query thanks the Ethics Board for considering waiving his late fee.

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

DATE NOD RECEIVED: 7/1/2019 (personally signed green card)


DATE REPORT FILED: 9/29/2020
DAYS LATE FROM NOD:
446 days
DAYS LATE FROM ORIGINAL DUE DATE:
503 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:
TIER 3 ANNUAL:
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:
2020-832 - PFD waiver Request Lance D. Query