Meetings
 
Agenda Item
Docket No. 21-119
 
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RE:
Waiver request submitted by Timothy Philip Diebold, former member of the Tangipohoa Charter School Board / Ponchatoula, regarding a $1500 late fee assessed for filing his 2018 Tier 3 annual pfd 513 days late.
Facts:
Timothy Diebold is requesting a waiver for the following reasons:

Mr. Diebold stated he was "ill prepared" when he accepted a position to serve on the Tangipahoa Charter School Board. Once on the board he was not informed of the BOE filing requirements. He stated he was under the impression that any paperwork had been filed. He understands that filing is ultimately his responsibility, but he asks the Ethics Board to understand his intent in joining the school board was to help the school district/system; and in no way does he want to incur any ethics violations. It was not until he logged into the Ethics System to complete the Ethics Training for a new job, that he learned he should be completing an annual disclosure. He conducted a search and found his name listed on the BOE: Failure to File website. He was surprised to learn that he was delinquent, so he immediately submitted the missing disclosure.

Mr. Diebold stated he does not recall receiving any paperwork in regards to his delinquency. However, if he did, he would have immediately submitted the required documents. Mr. Diebold stated due to the Covid-19 Pandemic, he is not sure that he would be able to obtain funds to pay the fine, as he has started a new job and things are starting to "get back to normal". Mr. Diebold humbly asks the Ethics Board to waive his late fee assessment.

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

DATE NOD RECEIVED: 7/12/2019 (signed by DM or RM, not legible)


DATE REPORT FILED: 12/17/2020
DAYS LATE FROM NOD:
513 days
DAYS LATE FROM ORIGINAL DUE DATE:
582 days
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES:
None

OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 3 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 Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-119 - PFD Waiver Request Timothy Philip Diebold