Meetings
 
Agenda Item
Docket No. 23-072
 
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RE:
Waiver request submitted by Chauna Banks, East Baton Rouge Parish Metro Council / District 2, regarding a $2500 late fee assessed for filing her amended 2020 Tier 2 annual pfd 215 days late.
Facts:
Chauna Banks would like to ask that any late fees associated with her 2020 Tier 2 PFD Report be waived and suspended. Her previous financial preparer moved out of state, which left her to fill out and submit her own documents. She believed she submitted her report on time, but later realized she submitted the Annual Tier 2.1 PFD instead of the Annual Tier 2 PFD. Once Ms. Banks received a notice of late fees, she reached out to the BOE and was told she should file the Tier 2 PFD Statement Amendment#1. Schedule 6 shows as Schedule E on the original form she submitted. Upon further research, BOE determined the 2020 was also submitted on the incorrect form. Ms. Banks has resubmitted the correct forms for both reports and stated this problem will not occur again.
Comments:
TYPE OF REPORT: 2020 Tier 2 Annual Report - Amendment
ORIGINAL PFD FILED ON: July 21, 2021
DATE NOD RECEIVED: 04/20/2022 (Ronald Grace)
DATE REPORT FILED: 11/30/2022
DAYS LATE FROM NOD: 215 days
ASSESSED LATE FEE: $2500
PRIOR/OUTSTANDING PFD LATE FEES: Yes - 2011 - $2500 - Waived
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2012
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 but $1,000 based on future compliance with the Code of Ethics. The $1,000 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.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-072 - PFD Waiver