Meetings
 
Agenda Item
Docket No. 21-872
 
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RE:
Untimely waiver request submitted by Neil Justin Bernard, former member of the Encore Academy Charter School Board / Louisiana Premiere Charter School Board /St. John the Baptist Parish, regarding a $400 late fee assessed for filing his 2019 Tier 3 annual pfd 8 days late; and, Untimely request the Board reconsider its decision to decline to waive a $125 late fee assessed against Neil Justin Bernard, former member of the Encore Academy Charter School Board / Louisiana Premiere Charter School Board /St. John the Baptist Parish, for filing his amended 2019 Tier 3 annual pfd 5 days late.
Facts:
Neil Justin Bernard is requesting an untimely waiver and untimely reconsideration request. He reiterates that during the time the notices were issued he was traveling between Louisiana and Florida due to Covid-19 related work. A family member was staying at his house from time to time and checking his mail. He stated he initially completed his 2019 disclosure and gave it to the Encore Administrator to send on his behalf. Unbeknownst to him, she had not submitted the disclosures and shortly resigned after that. Mr. Bernard apologies for submitting his disclosure late.
Comments:


TYPE OF REPORT: 2019 Tier 3 Annual Report
INITIAL DUE DATE: 7/6/2020

DATE NOD RECEIVED: 3/1/2021 (Covid-19)


DATE REPORT FILED: 3/18/2021
DAYS LATE FROM NOD:
8 days
ASSESSED LATE FEE: $400
PRIOR/OUTSTANDING PFD LATE FEES:
None

PRIOR/OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: Filing since 2018




TYPE OF REPORT: 2019 Tier 3 Annual Report - Amendment

INITIAL PFD FILED ON: 3/18/2021

DATE NOD RECEIVED: 6/28/2021 (Covid-19)

DATE REPORT FILED: 7/13/2021

DAYS LATE FROM NOD: 5 days

ASSESSED LATE FEE: $125

PRIOR/OUTSTANDING PFD LATE FEES: None

PRIOR/OUTSTANDING CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: Filing since 2018


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:
Consider the untimely waiver requests.

2019 PFD - suspend based on future compliance

2019 Amendment - suspend based on future compliance


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-872 - PFD Waiver Request Neil Justin Bernard