Meetings
 
Agenda Item
Docket No. 22-939
 
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RE:
Waiver request submitted by Kyle C. Boss, St. Landry Parish School Board, District 8, regarding a $2500 late fee assessed for filing his 2020 Tier 2 annual pfd 34 days late.
Facts:
Krystal Gerwin is submitting a waiver request on behalf of Mr. Kyle Boss. Ms. Gerwin stated the filing of the disclosure was delayed due to the sudden passing of Mr. Boss' prior accountant, Dallas Fleming Jr., on January 17, 2021. Mr. Boss was forced to file an IRS tax extension and find a new CPA to handle his accounts and filings. The search for a new CPA and collecting all of his documents to give to the new accountant was time-consuming. He sold his business in 2022, which needed to be accounted for. There was a miscommunication between him and this new accountant with the filing process which led to further delay. As soon as his taxes were filed, he filed his disclosure on March 30, 2022. Ms. Gerwin claims the letters were delivered to the wrong address and Mr. Boss did not receive it until the next day. Ms. Gerwin is asking the Ethics Board to waive the $2,500 late fee. Staff verified that the address listed in his disclosure is the address listed on his Notice of Delinquency-Failure to File and the Late Fee Order.
Comments:
TYPE OF REPORT: 2020 Tier 2 Annual Report
ORIGINAL FILING DATE: May 17, 2021
DATE NOD RECEIVED: 02/15/2022
DATE REPORT FILED: 03/30/2022
DAYS LATE FROM NOD: 34 days
DAYS LATE FROM ORIGINAL DUE DATE: 317 days
ASSESSED LATE FEE: $2500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2009
Law:
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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:
2022-939 - PFD Waiver request agenda