Meetings
 
Agenda Item
Docket No. 21-488
 
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RE:
Waiver request submitted by Cleve Dunn, Jr., successful candidate for East Baton Rouge Parish Metro Council / District 6 / in the Novemver 3, 2020 election, regarding a $2500 late fee assessed for filing his amended 2019 Tier 2 candidate pfd 25 days late.
Facts:
Cleve Dunn, Jr., stated he filed his amendment one day after he received the NOD letter, he did not realize it was not compliant. He then received a second NOD mailed on 12/16/2020. The Post Office indicates delivery on 12/18/2020. He claims he did not receive the letter until 1/25/2021. He contacted the PFD Director on 1/25/2021 and was told he had nothing to amend. The PFD Director Wimberley called back on 1/29/21 and stated that he did have to amend. Mr. Dunn visited the BOE Agency and completed the amendment on that same day. Mr. Dunn states this was his first election and he is very new to this process and role as Councilman. He humbly asks the Ethics Board to waive his late fee assessment.
Comments:
TYPE OF REPORT: 2019 Tier 2 Candidate Report - amendment
ORIGINAL FILING DATE: 7/29/2020

DATE NOD RECEIVED: 12/18/2020 (personally signed green card)

DATE REPORT FILED: 1/29/2021
DAYS LATE FROM NOD:
25 days
DAYS LATE FROM ORIGINAL DUE DATE:
184days
ASSESSED LATE FEE: $2500
PRIOR PFD LATE FEES:
None

PRIOR CF LATE FEES: None

OUTSTANDING DISCLOSURE REPORTS: None

PRIOR EXPERIENCE: has filed 3 reports or amendments

Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within three (3) business days after the close of the qualifying period during which the candidate files his notice of candidacy for the office.

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:
2021-488 - PFD Waiver Request Cleve Dunn, Jr.