Meetings
 
Agenda Item
Docket No. 23-957
 
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RE:
Waiver request submitted by Carlos Luis Zervigon, Member of School Board / District 6 / Orleans Parish, regarding a $2500 late fee assessed for filing his amended 2021 Tier 2 annual pfd 34 days late and regarding a $2500 late fee assessed for filing his 2022 Tier 2 annual pfd 47 days late.
Facts:
Carlos Luis Zervigon uses a mail service for campaigns and elections and the mail service clerk signed for his amendment notice. Since he does not check the mailbox often between elections, he did not receive the notice until 9/9/2023. Immediately after receiving the notice, he contacted BOE and was given instructions on how to amend and upload the disclosure on 9/12/2023. The mail service clerk has since agreed to contact Mr. Zervigon if he receives certified mail from BOE. Initially, Mr. Zervigon did not know he needed to list his Orleans Parish School Board income. It was his first time filling out a form as an office holder and the first time this has happened. He has made allowances to ensure it won't happen again. Please waive the assessed late fee.
Comments:
TYPE OF REPORT: 2021 and 2022Tier 2 Annual Report
ORIGINAL FILING DATE: (2021 - 05/13/2022) (2022 - 05/15/2023)
DATE NOD RECEIVED: (2021 - 07/31/2023) (2022 - 07/17/2023)
DATE REPORT FILED: (2021 - 09/21/2023) (2022 - 09/11/2023)
DAYS LATE FROM NOD: (2021 - 34 days) (2022 - 47 days)
DAYS LATE FROM ORIGINAL DUE DATE: 2022 - 119 days
ASSESSED LATE FEE: (2021 - $2500) (2022 - $2500)
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2015
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:
2021 Amendment - Suspend all based on future compliance with the Code of Ethics.

2022 - Decline to waive.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-957 - PFD Waiver Tier 2 2021 Amend
2023-957 - PFD waiver Tier 2 ANN2022