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Request that the Board reconsider its decision to suspend all but $1050
of a $1500 late fee, based on future compliance, submitted by James
Russell Fatic, St. Tammany Community Action Agency, for filing his 2018
Tier 2.1 annual pfd 489 days late. |
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Reconsideration: Mr. Fatic is requesting reconsideration as
he believes the late fee is against the ethical spirit of the law and is
being applied as punishment in this instance. He then reiterates his
original reasons for the waiver.
Original Request:
Mr. Fatic states his waiver is late because he is a husband, a father of 4 (ages
4-21), and the primary support of his elderly parents in Central
Florida. His mother suffers from Pulmonary Fibrosis, Alzheimer's Disease
and had emergency heart surgery on 2/16/2020. His 87-year-old father
is her primary caregiver, and is struggling to take care of her. He has
made 4 trips to Florida since February to assist his parents. He is a
full time executive director of the Northshore Disaster Recovery, and
since the Covid-19 Pandemic it's been especially hard for this small,
local nonprofit to function, with an increased workload. He's a student
at the Asbury Theological Seminary working on his Master Degree and
school assignments require travel, so from 2/28/2021 to 3/6/2021 he was
out of town. He is a candidate to be a clergy with the LA Conference of
United Methodist Church, and he is the president of the Rotary Club
in Slidell.
Mr. Fatic he claims he mailed his disclosure in timely. However,
he does not have any proof, as he did not mail the PFD with delivery
tracking. He leads a long term recovery organization and is busy with
recovery efforts due to regional disasters after hurricanes and
tornadoes in Florida, Mississippi, and Alabama. He has had a reduction
in staff and his bookkeeper unexpectantly passed away on 9/28/2019. He
was the only employee left in the office and had to manage a team of
volunteers and a mission's team all working off site, while trying to
replace a bookkeeper. He was struggling to manage. When the NOD was
received, he was selected as the Civic Leader of the 2019 by the Greater
New Orleans Alliance of Good Government. Mr. Fatic stated he did not
knowingly avoid filing the PFD, he was merely distracted with all these
other duties. He asks the Ethics Board to please waive the fine, as he
simply cannot afford it, as he is paying his own seminary tuition,
paying college tuition for 2 of his kids, and paying Pre-K tuition, all
on a non-profit salary.
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TYPE OF REPORT: Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2019
DATE NOD RECEIVED: 11/29/2019
DATE REPORT FILED: 4/12/2021
DAYS LATE FROM NOD: 489 days
DAYS LATE FROM ORIGINAL DUE DATE: 698
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 4 reports or amendments
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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.
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Affirm Board's prior decision to suspend all but $1050 based on future
compliance with the Code of Ethics. The $1050 is payable within 20 days
and if payment is not received within 20 days, the full amount of the
late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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