Meetings
 
Agenda Item
Docket No. 23-518
 
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RE:
Waiver request submitted by Charles Wayne "Carlos" Jean, Jr., unsuccessful candidate for Sheriff / East Baton Rouge Parish in the October 12, 2019 election, regarding a $2500 late fee assessed for filing his amended 2018 Tier 2 candidate pfd 1024 days late.
Facts:
Charles Wayne "Carlos" Jean, Jr. acknowledges that he filed his disclosure late and takes full responsibility for it. However, he is requesting that the fee be waived, reduced, or suspended because he faced unforeseen personal and professional challenges due to the COVID-19 pandemic. He had to fulfill additional responsibilities at work for his colleagues who were unable to work because of illness or quarantine, and he had to assist his affected family members. The pandemic caused consideration delays in crucial paperwork and document processing, making it difficult for him to complete his disclosure on time.
Comments:
TYPE OF REPORT: 2018 Tier 2 Candidate Report - Amendment
ORIGINAL FILED ON: 9/23/2019
DATE NOD RECEIVED: 7/9/2020 (covid) (NOD attempts: 10/14/19; 12/13/19; 2/7/20)
DATE REPORT FILED: 5/10/2023
DAYS LATE FROM NOD: 1024 days
ASSESSED LATE FEE: $2500 (LFO attempts: 11/6/20, 1/19/21, 312/21, 2/1/23, 4/11/23)
PRIOR/OUTSTANDING PFD LATE FEES: None
PRIOR/OUTSTANDING CF LATE FEES: Yes - 2019 election, three $10,000 fines for a total of $30,000 & three $2,500 fines for a total of $7,500
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 2 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:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-518 - PFD Waiver