Meetings
 
Agenda Item
Docket No. 21-513
 
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RE:
Waiver request submitted by Melissa Barrett O' Neal, former member of the Metairie Business Development District, regarding a $1500 late fee assessed for filing her 2017 Tier 2.1 annual pfd 531 days late and a $1500 late fee assessed for filing her 2018 Tier 2.1 annual pfd 194 days late.
Facts:
Mrs. O'Neal stated she volunteered to serve on the Fat City Board for 9 years and annually filed her PFD. She was unaware the filing were due, as she did not receive the first certified NOD, until after her disclosure was filed. She was also unaware of the second certified letter until mid -2020. Mrs. O'Neal stated the Late Fee Orders were not received, nor signed by her or anyone else in her household. She took her responsibility on the board seriously and had she known of the delinquencies, she would have complied. Additionally, 2020 has been especially trying. During the early months of the pandemic, the mail system was unreliable and she did not receive any of the notices we mailed. Also, her husband was laid off from his job due to the Covid -19 Pandemic and having to pay the fines will result in a financial hardship.
Comments:
TYPE OF REPORT: 2017 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2018

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


DATE REPORT FILED: 6/30/2020
DAYS LATE FROM NOD:
531 days
DAYS LATE FROM ORIGINAL DUE DATE:
777 days


ASSESSED LATE FEE: $1500


TYPE OF REPORT: 2018 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2019

DATE NOD RECEIVED: 12/10/2019 (personally signed or husband signed green card)


DATE REPORT FILED: 6/30/2020
DAYS LATE FROM NOD:
194 days
DAYS LATE FROM ORIGINAL DUE DATE:
412 days
ASSESSED LATE FEE: $1500



PRIOR / OUTSTANDING PFD LATE FEES: None

PRIOR / OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 6 reports or amendments

Law:
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year 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:


Consider the untimely waiver requests.


2017- Decline to waive, offer a payment plan.

2018 - Suspend all based on future compliance with the Code of Ethics.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-513 - PFD Waiver Request Melissa Barrette ONeal bw