Elections Commission Investigages 3
Mark Pettus | August 8, 2008 | 0 Comments
One county office seeker is now answering investigators’ questions about his current office – and several other current and former candidates may soon join him in the investigators’ hot seat.
Randy Brunson, who is seeking the Republican nomination for the St. Johns County Commission District 5 seat is the subject of a Florida Elections Commission investigation into whether or not he violated campaign finance laws by failing to report the lease terms on his campaign headquarters.
Brunson moved into the office in the old Bozard Ford location at 1800 Ponce de Leon Blvd. in St. Augustine in January. His campaign finance reports, which can be viewed online at the St. Johns County Supervisor of Elections Web site show he has been paying water, electric, sewer and phone bills on the property since that time.
Local resident and community activist Ed Slavin says he noticed in May that Brunson had not reported paying any rent, and so Slavin filed a complaint with the Elections Commission.
State Investigates
Brunson confirmed that he was under investigation, but said, "All I can tell you is that everything is legal."
St. Johns County Supervisor of Elections Penny Halyburton refused to comment on the specifics of the Brunson investigation, citing a confidentiality clause in the statute governing such investigations, but said the rules governing campaign finance require that all goods and services received by the campaign — either as in-kind donations or as campaign expenditures – be reported at fair market value, and when received.
In July, after he had been notified about the complaint and investigation, Brunson filed a report showing he had recently paid $800 rent for the year, through Aug. 31. He also sent a notarized copy of a lease requiring him to pay $100 per month for the property, payable at the end of August.
Slavin said in his complaint the property in question is owned by a rich hotelier who often asks favors of local government.
The lease, which Brunson provided, lists the owner as Kantibhai M. Patel of Vista Hotel IV Inc. Patel is also CEO of Jalaram Hotels Inc., which owns hotels throughout Northeast Florida, including the Hilton Inn on the historic St. Augustine bay front.
Patel did not return a phone message left for him with a woman at the Jalaram corporate office.
Brunson and Slavin both say the property is valued at $2.7 million. Slavin believes the office is worth much more than $100 per month.
"Do you know where I can get a deal like that?" he asked.
Brunson agreed the rent appeared cheap for the property, but added, " … you would have to go in and see it," Brunson said. "I’ve had ladies come in who couldn’t stay because of the termites, and mites and etc."
In a sworn affidavit dated June 24, Patel told the Elections Commission the "building is in extremely poor cosmetic condition and because it is scheduled to be demolished in the near future, it has little or no current market value … "
Brunson’s case will likely be heard during the Elections Commission’s meeting in November.
Others under investigation
Slavin has also filed complaints against two former commissioners who last ran in 2006 – Bruce Maguire and Karen Stern – and against one other current candidate, District 3 Republican Mark Miner.
In the complaints against Maguire and Stern, Slavin asked the Elections Commission to investigate whether the candidates had accepted "aggregate contributions in excess of the $500 limit from related or co-owned organizations located at the same address"; the complaint against Miner is similar but worded differently.
The Elections Commission refused to confirm or deny that it was investigating any of the complaints, but Slavin provided two letters from the commission dated July 15 that both state, "The Commission staff has reviewed the complaint and found that it is legally sufficient. Therefore, staff will investigate … "
The letters go on to name the investigator assigned to the cases. The two letters cite complaint numbers 08-171 and 08-172. Slavin also provided copies of the complaints he filed against the four.
The complaint against Maguire was stamped received by the commission on June 27, and 08-172 was hand written across a margin on the form. The complaint against Stern was stamped the same date with 08-173 written across the margin.
Maguire said this week he could not understand what would inspire Slavin to file complaints against him and Stern.
"Ed Slavin is nothing more than a person who thrives on sensationalism. What he has done is gone and filed complaints against all kinds of people. I’ve heard he’s filed a complaint on the governor," Maguire said. "I don’t understand why he waited two years to file complaints against two candidates that lost."
Slavin said he filed the complaints against Stern and Maguire after discussing the two former commissioners’ campaign contributions with the investigator assigned to the Brunson complaint.
Maguire defended his acceptance of the contributions, saying he followed the instructions given him when he filed to run.
"Every candidate was given their book at the Supervisor of Elections which said, ‘You cannot accept more than $500 from any idividual. An individual could be a person or a corporation.’
"I may own five corporations, but each of them files separate tax returns and they are all considered separate individuals," he said, adding, "You could donate $500, and your wife could donate $500. Is that illegal just because you live at the same address?"
Investigations justified?
Maguire could be right.
Florida Elections Commission Executive Director Barbara Linthicum refused to comment on specifics related to any of the investigations, but referred to Florida statute 106 when asked about the legality of receiving donations from several companies owned by the same people, or housed in the address.
Statute 106.08 indicates no "person" can donate more than $500 from any person. 106.11 defines a person as, "an individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, political committee, or committee of continuous existence,"
But statute 106.08 later states, "A person may not make any contribution through or in the name of another, directly or indirectly, in any election."
Linthicum said understanding the statute was meant to be simple, but that because of various interpretations and rulings, knowing how to interpret the law was increasingly difficult.
She refused to say what made the complaints against Stern and Maguire legally sufficient to warrant investigation, again citing the confidentiality clause, referring only to Elections Commission rules, which state:
A complaint is legally sufficient if it meets the following criteria.
(a) The complaint alleges a violation of Chapter 104 or 106 or Section 98.122 or 105.071, Florida Statutes;
(b) The complaint was made under oath in the presence of a notary public or other person authorized by law to administer oaths;
(c) The complaint contains the original signature of the complainant;
(d) The complaint contains specific facts upon which the complainant bases the allegation of a violation of law; and
(e) The complaint alleges a violation that occurred within two years of the date the complaint is filed with the Commission.
Stern refused to comment about Slavin’s complaint against her, citing the confidentiality clause in the statute, which she could waive, and which is not binding on Slavin. She said she has no plans to waive confidentiality, which would open all records on the proceedings to the public.
"I’m not guilty of anything, so I don’t feel like I have to sit and defend myself," Stern said, adding she was disappointed the Recorder was planning to report on the investigation. "This is under investigation, which I think should mean it’s hands off."
Miner complaint
Miner said he was unaware of the complaint against him, which Slavin said he sent to the commission last week.
"I’ve received nothing notifying me of a complaint," Miner said, adding, "I have no idea what his complaint is but we’re doing everything we’re supposed to."
When told the complaint was based on donations from 17 businesses, 14 of which share three suites on Hartley Road in Jacksonville (the other three share an address on Lloyd Road), Miner said, "Those buildings are large building complexes, with lots of businesses … I work in Jacksonville and have a large professional network of people who support me for no other reason than they think I’ll do a good job."
Though he was not familiar with the complaint, Miner was familiar with Slavin, who he called a "disbarred attorney who has filed lots of frivolous complaints. Even if they have no merit, they get instant credibility when they are published in the paper."
mpettus@jcpgroup.com
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