Meetings
 
Agenda Item
Docket No. 20-836
 
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RE:
Waiver request submitted by Jose Massingue, a former member of the Homer A Plessy Community School Board/New Orleans, regarding a $1500 late fee assessed for filing his 2018 Tier 3 Annual PFD 402 days late.
Facts:
Jose Massingue is requesting a waiver for the late filing of his final PFD for the following reasons:

Mr. Massingue stated he was a Homer Plessy School Board Member for four years and consistently filed his Tier 3 PFD statements timely. He stated his disclosures had always been submitted by a "third-party company" who handled the administrative tasks for the school and the disclosures were always filed simultaneously. He submitted his 2018 disclosure to the same third-party company as he had done in previous years, but for some unknown reason, the disclosure did not make it to the Board of Ethics' office. Mr. Massingue stated he was unaware the disclosure was not filed with our agency, nor was it his intent to purposely not file the PFD. He asks the Ethics Board to waive the late fee, as it would create an undue economic burden during these uncertain financial times.

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

DATE NOD RECEIVED: 7/8/2019

DATE REPORT FILED: 8/22/2020
DAYS LATE FROM NOD:
402 days
DAYS LATE FROM ORIGINAL DUE DATE: 465 days
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:
2020-836 - PFD Waiver Request Jose Massingue