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Waiver request submitted by Jessica Bertrand McCleandon, candidate Jefferson Parish School Board / District 5, in the November 8, 2022 election, regarding a $2500 late fee assessed for filing her 2021 Tier 2 candidate pfd 118 days late. |
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On 7/22/2022, Jessica Bertrand McClendon qualified to run for office. She attempted to upload the completed disclosure online but was unable to submit the document. Since she did not have access to a fax machine she opted to send the disclosure via mail on 7/23/2022. On 12/13/2022, she received a delinquency notice (actually the late fee order) and contacted the BOE. She was informed that her disclosure should be filled out with the year dated as 2021 instead of 2022. After speaking with the representative, she realized that her initial disclosure may have been discarded or returned since it did not list the correct year. She inquired about withdrawing from the race and was warned that not only would she not be able to do so, but she would still be required to file her reports. Ms. McClendon states that she did not run a campaign, collect, or spend any money on the campaign. On 12/14/2022, she received a call from BOE in reference to there being multiple reports for 2021 and 2022. On 12/20/2022, she spoke with a representative who asked why she did not send her disclosure via certified mail and her reply was that it did not specify to do so. Ms. McClendon is asking to have her fee waived and is willing to appear for a hearing.
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TYPE OF REPORT: 2021 Tier 2 Candidate Report
ORIGINAL FILING DATE: July, 27, 2022
DATE NOD RECEIVED: 08/08/2022 (personally signed)
DATE REPORT FILED: 12/13/2022
DAYS LATE FROM NOD: 118 days
DAYS LATE FROM ORIGINAL DUE DATE: 139 days
ASSESSED LATE FEE: $2500
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 1 reports or amendments
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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 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.
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Suspend all based on future compliance with the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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