Meetings
 
Agenda Item
Docket No. 21-670
 
Print
RE:
Waiver request submitted by Debra Dufresne Vial, former member of the Regional Planning Commission, regarding a $300 late fee assessed for filing her 2019 Tier 2.1 annual pfd 6 days late and a $1500 late fee assessed for filing her amended 2018 Tier 2.1 annual pfd 213 days late.
Facts:
Reasons for 2018:
Debra Dufresne Vial stated she never missed a Regional Planning Commission Board meeting since being appointed to the board from January 2018 to November 2020. When she contacted the Board of Ethics upon receipt of the 2019 Failure to File Delinquency Notice fine of $300, she was informed she could submit a Waiver Request and was advised to amend her 2018 PFD. She has not served on the Regional Planning Commission for 9 months and the last meeting she attended was a virtually meeting held in November 2020, due to Covid. Ms. Vial respectfully request that the Ethics Board waive her fine of $1500.
Reasons for 2019:
Debra Dufresne Vial stated due to the Covid-19 Pandemic the St. Charles Parish Regional Planning Commission monthly board meetings were held virtually. The virtual meetings disrupted their normal practices and reminders were either not sent or received. Once she received the NOD, she immediately uploaded her 2019 disclosure. Ms. Vial resigned from the board in November 2020. She respectfully asks the Ethics Board to waive her late fee assessment, as these are unprecedented times we all have experienced due to the pandemic.
Comments:
TYPE OF REPORT: 2018 Amended and 2019 Tier 2.1 Annual Reports
INITIAL PFD FILE ON: 10/16/2019 (for 2018 Report)


ORIGINAL FILING DATE: 7/6/2020 (for 2019 Report)

DATE NOD RECEIVED: 11/18/2020 (2018) and 3/29/2021 (2019) (Covid)


DATE REPORT FILED: 7/2/2021 (2018) and 4/14/2021 (2019)
DAYS LATE FROM NOD:
213 days (2018) and 6 days (2019)
DAYS LATE FROM ORIGINAL DUE DATE:
282 days (2019)
ASSESSED LATE FEE: $1500 (2018) and $300 (2019)
PRIOR/OUTSTANDING PFD LATE FEES:
No

PRIOR/OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: Yes


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:
Suspend all based on future compliance with the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-670 - PFD Waiver Request Debra Dufresne Vial 2018
2021-670 - PFD Waiver Request Tier 2.1 Annual 2019