Meetings
 
Agenda Item
Docket No. 22-373
 
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RE:
Waiver request submitted by Morgan Debonea Carter, Tensas Parish School Board / District 2, regarding a $175 late fee assessed for filing her amended 2019 Tier 3 annual pfd 7 days late and a $175 late fee assessed for filing her amended 2020 Tier 3 annual pfd 7 days late.
Facts:
2019 Comments:
Ms. Carter stated she received notice her 2019 disclosure was late. After paying the $200.00 and turning in the PFD, she assumed all the information was correct. She was confused when she received another notice requesting her to amend the form. Since she did not understand what exactly was needed, she contacted the BOE. She was informed of the omitted information, then she faxed over the correction.


She stated she already paid this fine and now has to pay again when she received a paper in 2019 stating everything was received. Ms. Carter asks the Ethics Board to waive her fine since she always "gets her forms in." However, if a waiver is not granted she requests a payment plan.

Staff Notes: Ms. Carter is confusing her 2019 paid fine of $200 for Failing to File her Annual PFD timely - with her 2019 Failure to Amend Timely fine of $175. There are no such documents on file from the Disclosure Division regarding her statement about being "cleared". She may be referring to her 2018 suspended fine.

2020 - Comments

Ms. Carter stated she submitted her 2020 PFD and assumed all the information was correct. She was confused when she received another notice requesting her to amend the form. Since she did not understand what exactly was needed, she contacted the BOE. She was informed of the omitted information, then she faxed over the correction. Ms. Carter asks the Ethics Board to waive her fine since she always "gets her forms in." However, if a waiver is not granted she requests a payment plan.

Comments:
TYPE OF REPORT: 2019 and 2020 Tier 2 Annual Reports - Amendments
ORIGINAL PFD FILED ON: (3/1/2021 - 2019) (5/24/2021 -2020)
DATE NOD RECEIVED: 7/29/2021 - 2019 & 2020 (COVID)
DATE REPORT FILED: 8/16/2021 - 2019 & 2020
DAYS LATE FROM NOD: 7 days - 2019 & 2020
ASSESSED LATE FEE: $175 - 2019 & 2020
PRIOR/OUTSTANDING PFD LATE FEES: Yes, 2019 PFD, $200-paid; 2018 PFD, $1500 suspended and currently reassessed-unpaid
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 8 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:
Decline to waive. Offer a payment plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2022-373 - PFD Waiver Request Morgan Debonea Carter 2019
2022-373 - PFD Waiver Request Morgan Debonea Carter 2020