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HomeMy Public PortalAboutComplaint filed by Christopher O'HareTOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIELI. ANDERSON W. GARRETT DERING ROBERT W. GANGER February 14, 2014 Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. O'Hare: Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR I have reviewed the allegations set forth in your complaint dated February 12, 2014 regarding the qualifying papers submitted by Scott Morgan as a candidate for Town Commissioner in the election to be held on March 11, 2014. I have made a determination that the qualifying papers have been properly filed and that they are complete on their face. Sincerely, h Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Kelly Avery From: Kelly Avery Sent: Friday, February 14, 2014 8:43 AM To: chrisoharegulfstream @gmail.com' Subject: response on behalf of Rita Taylor Attachments: D00O26.pdf Please see the attached response. Kelly Ave4y Accountant /Assistant to the Finance Director /Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 -7427 561 - 276 -5116 561 - 737 -0188 fax �avern� «qul� rfa e�n�, orq Rita Taylor From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Thursday, February 13, 2014 3:44 PM To: Rita Taylor Subject: Candidate Qualifying Submissions Attachments: 20140213143441350.pdf Rita, Please see attached Florida Statute 99.061, specifically section (7)(c). Please note therein that you, as the filing officer, perform a ministerial function in reviewing qualifying papers, your job being to review the papers to determine whether all items required by paragraph (a) have been properly filed and whether each item is complete on its face. "The filing officer may not determine whether the contents of the qualifying papers are accurate." Please review this and respond accordingly to the complaint filed by Chris O'Hare. If you are of the belief that all items required by paragraph ((a) have been properly filed and that each item is complete on its face, including being properly verified, then I would suggest you reply to Mr. O'Hare that you have reviewed the allegations set forth in his complaint and that you have made a determination that the qualifying papers have been properly filed and that they are complete on their face. JOHN C. RANDOLPH John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jandolph @jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. F.S. 2013 must be submitted at ay of qualifying for the effective no later than i take office, if elected; ccessor is required to 1ty, or municipal officer :)n to the officer before office he or she holds, nd the Department of ity, or municipal officer ation to the officer or her to the office he or le Governor and the nit their resignations to Department of State. ive office, the resigna- to be filled by election. tes for nomination and term were otherwise charter county office or lcancy created by the i for that portion of the anner provided by the deemed vacant upon ation submitted by the anation. his or her resignation, 3 on a date prior to the )ffice, may then qualify 1d the provisions of this rdinate officer, deputy resign effective upon Ipter if the person is office that is currently rity to appoint, employ, ) that person and who eelection to that office. hat has become final not comply with this lualified as a candidate may not appear on the )ly to: ilary as members of an )section (3) relates to :e or seeking the office 1, ch. 70 -80; s. 10, ch. 71 -373; S. 47, ch. 81 -259; s. 1, ch. 83 -15; S. F.S. 2013 CANDIDATES 28, ch. 84 -302; S. 31, ch. 91 -107; s. 534, ch. 95 -147; s' 1 * ch. 99 -146; s. 1, ch. 2000.274; S. 14, ch. 2007 -30; s. 14, ch. 2008 -4; s. 9, ch. 2008 -95; S. 12, ch. 2011.40. 99.021 Form of candidate oath. - (1)(a)1. Each candidate, whether a party candidate, a candidate with no party affiliation, or a write -in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form: State of Florida County of Before me, an officer authorized to administer oaths, personally appeared _(please print name as you wish it to appear on the bal101) , to me well known, who, being sworn, says that he or she is a candidate for the office of _; that he or she is a qualified elector of - County, Florida; that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitu- tion of the State of Florida. signature of candidate) (Address) Sworn to and subscribed before me this _ day of ear , at _ County, Florida. (Signature and title of officer administering oath) 2. Each candidate for federal office, whether a party candidate, a candidate with no party affiliation, or a write -in candidate, in order to qualify for nomination or election to office shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form: State of Florida County of Before me, an officer authorized to administer oaths, personally appeared ( giease print name asyouwishItto appear onlhe ballot ) , to me well known, who, being sworn, says that he or she is a candidate for the office of _; that he or she is qualified under the Constitution and laws of the United States to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; and that he or she will support the Constitution of the United States. (Signature of candidale) (Address) Sworn to and subscribed before me this - day of ear , at _ County, Florida. 865 signature and title of officer administering oath) (b) in addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing: 1. The party of which the person is a member. 2. That the person has not been a registered member of any other political party for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify. 3. That the person has paid the assessment levied against him or her, if any,'as a candidate for said office by the executive committee of the party of which he or she is a member. (c) The officer before whom such person qualifies shall certify the name of such person to the supervisor of elections in each county affected by such candidacy so that the name of such person maybe printed on the ballot. Each person seeking election as a write -in candidate shall subscribe to the oath prescribed in this section in order to be entitled to have write -in ballots cast for him or her counted. (2) The provisions of subsection (1) relating to the oath required of candidates, and the form of oath prescribed, shall apply with equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office, as provided by law. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee. (3) This section does not apply to a person who seeks to qualify for election pursuant to ss. 103.021 and 103.101. History. -ss. 22, 23, ch. 6469, 1913; RGS 326, 327; CGL 383, 384; s. 3, ch. 19663,1939; s. 3, ch. 26870,1951; s. 10, ch. 28156, 1953; s. 1, ch. 57 -742; s. 1, ch. 61.128; s. 2, ch. 63 -269; s. 1, ch. 63.66; s. 1, ch. 65 -376; s. 1, ch. 67 -149; s. 2, ch. 70 -269; s. 19, ch. 71.355; s. 6, ch. 77 -175; a. 3, ch. 79.365; s. 27, ch. 79 -400; s. 2, ch. 81 -105; s. 3, ch. 86.134; s. 535, ch. 95 -147; s. 7, ch. 99 -6; s. 8, ch. 99 -318; s. 15, ch. 2007 -30; s. 10, ch. 2008 -95; s. 13, ch. 2011.40. Note. - Former ss. 102.29, 102.30. 99.061 Method of qualifying for nomination or election to federal, state, county, or district office. (1) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a federal, state, or multicounty district office, other than election to a judicial office as defined in chapter 105 or the office of school board member, shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assess- ment, if any has been levied, to, the Department of State, or qualify by the petition process pursuant to s. 99.095 with the Department of State, at any time after noon of the 1st day for qualifying, which shall be as follows: the 120th day prior to the primary election, but not later than noon of the 116th day prior to the date of the primary election, for persons seeking to qualify for nomination or election to federal office or to the office of the state attorney or the public defender; and noon of the 71st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election, for persons seeking to qualify for nomination or election to a state or multicounty district office, other Ch. 99 CANDIDATES than the office of the state attorney or the public defender. (2) The provisions of any special act to the contrary notwithstanding, each person seeking to qualify for nomination or election to a county office, or district office not covered by subsection (1), shall file his or her qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and election assessment, and party assessment, if any has been levied, to, the supervisor of elections of the county, or shall qualify by the petition process pursuant to s. 99.095 with the supervisor of elections, at any time after noon of the 1 st day for qualifying, which shall be the 71 st day prior to the primary election, but not later than noon of the 67th day prior to the date of the primary election. Within 30 days after the closing of qualifying time, the supervisor of elections shall remit to the secretary of the state executive committee of the political party to which the candidate belongs the amount of the filing fee, two - thirds of which shall be used to promote the candidacy of candidates for county offices and the candidacy of members of the Legislature. (3) Notwithstanding the provisions of any special act to the contrary, each person seeking to qualify for election to a special district office shall qualify between noon of the 71st day prior to the primary election and noon of the 67th day prior to the date of the primary election. Candidates for single- county special districts shall qualify with the supervisor of elections in the county in which the district is located. If the district is a multicounty district, candidates shall qualify with the Department of State. All special district candidates shall qualify by paying a filing fee of $25 or qualify by the petition process pursuant to s. 99.095. Notwithstanding s. 106.021, a candidate who does not collect contribu- tions and whose only expense is the filing fee or signature verification fee is not required to appoint a campaign treasurer or designate a primary campaign depository. (4)(a) Each person seeking to qualify for election to office as a write -in candidate shall file his or her qualification papers with the respective qualifying officer at any time after noon of the 1st day for qualifying, but not later than noon of the last day of the qualifying period for the office sought. (b) Any person who is seeking election as a write -in candidate shall not be required to pay a filing fee, election assessment, or party assessment. A write -in candidate is not entitled to have his or her name printed on any ballot; however, space for the write -in candida- te's name to be written in must be provided on the general election ballot. A person may not qualify as a write -in candidate if the person has also otherwise qualified for nomination or election to such office. (5) At the time of qualifying for office, each candidate for a constitutional office shall file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a), and a candidate for any other office, including local elective office, shall file a statement of financial interests pursuant to s. 112.3145. (6) The. Department of State shall certify to the supervisor of elections, within 7 days after the closing date for qualifying, the names of all duly qualified candidates for nomination or election who have qualified with the Department of State. (7)(a) In order for a candidate to be qualified, the following items must be received by the filing officer by the end of the qualifying period: 1. A properly executed check drawn upon the candidate's campaign account payable to the person or entity as prescribed by the filing officer in an amount not less than the fee required by s. 99.092, unless the candidate obtained the required number of signatures on petitions pursuant to s. 99.095. The filing fee for a special district candidate is not required to be drawn upon the candidate's campaign account. If a candida- te's check is returned by the bank for any reason, the filing officer shall immediately notify the candidate and the candidate shall have until the end of qualifying to pay the fee with a cashier's check purchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate, 2. The candidate's oath required by s. 99.021, which must contain the name of the candidate as it is to appear on the ballot; the office sought, including the district or group number if applicable; and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a). 3. If the office sought is partisan, the written statement of political party affiliation required by s. 99.021(1)(b). 4. The completed form for the appointment of campaign treasurer and designation of campaign de- pository, as required by s. 106.021. 5. The full and public disclosure or statement of financial interests required by subsection (5). A public officer who has filed the full and public disclosure or statement of financial interests with the Commission on Ethics or the supervisor of elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying. (b) If the filing officer receives qualifying papers during the qualifying period prescribed in this section which do not include all items as required by paragraph (a) prior to the last day of qualifying, the filing officer shall make a reasonable effort to notify the candidate of the missing or incomplete items and shall inform the candidate that all required items must be received by the close of qualifying. A candidate's name as it is to appear on the ballot may not be changed after the end of qualifying. (c) The filing officer performs a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items re- quired by paragraph (a) have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified pursuant to s. 92.525(1)(a). The filing officer may not determine whether the contents of the qualify- ing papers are accurate. 866 sit Cc de F•S V F g 2013 CANDIDATES Ch ill certify to the after the closing II duly qualified ho have qualified be qualified, the e filing officer by Irawn upon the le to the person :er in an amount 1.092, unless the )er of signatures e filing fee for a red to be drawn int. If a candida- any reason, the e candidate and qualifying to pay ed from funds of gay the fee as I disqualify the i by S. 99.021, andidate as it is Iht, including the Ind the signature ed under oath or an, the written required by s. appointment of if campaign de- or statement of ion (5). A public lic disclosure or Commission on rior to qualifying ire at the time of jalifying papers J in this section ed by paragraph the filing officer the candidate of shall inform the be received by name as it is to d after the end of sterial function in lining whether a shall review the er all items re- -operly filed and ; face, including ie been properly fhe filing officer is of the qualify- (8) Notwithstanding the qualifying period prescribed in this section, a qualifying office may accept and hold qualifying papers submitted not earlier than 14 days prior to the beginning of the qualifying period, to be processed and filed during the qualifying period. (9) Notwithstanding the qualifying period prescribed by this section, in each year in which the Legislature apportions the state, the qualifying period for persons seeking to qualify for nomination or election to federal office shall be between noon of the 71st day prior to the primary election, but not later than noon of the 67th day prior to the primary election. (10) The Department of State may prescribe by rule requirements for filing papers to qualify as a candidate under this section. (11)The decision of the filing officer concerning whether a candidate is qualified is exempt from the provisions of chapter 120. History. -ss. 25, 26, ch. 6469, 1913; RGS 329, 330; CGL 386, 387; ss. 4, 5, ch. 13761,1929; s. 1, ch. 16990.1935; CGL 1936 Supp. 386; ss. 1, chs. 19007, 19008, 19009,1939; CGL 1940 Supp. 4769(3); s. 1, ch. 20619,1941: s.1, ch. 21851, 1943; s.1, ch. 23006,1945; B. 1, ch. 24163,1947; s. 3, ch. 26870,1951; s. 11, ch. 28156, 1953; s. 4, ch. 29936,1955; s. 10, ch. 57 -1; s. 1, ch. 59 -84; s. 1, ch. 61 -373 and s. 4, ch. 61-530; S. 1, ch. 63.502; s. 7, ch. 65 -378; s. 2, ch. 67 -531; ss. 10, 35, ch. 69.106; s.5, ch. 69.281; s.1, ch. 69-300; s.1, ch. 70 -42; s.1, ch. 70.93; s. 1, ch. 70 -439; s. 6, ch. 77 -175; s. 1, ch. 78.188; s. 3, ch. 81.105; s. 2, ch. 83 -15; s. 2, ch. 83 -25; s. 1, ch. 83 -251; s. 29, ch. 84.302; s. 1, ch. 86-7; s. 6, ch. 69336; s. 8, ch. 90 -315; s. 32, ch. 91.107; s. 536, ch. 95 -147; s. 1, ch. 95 -156; s. 9, ch. 99.318; s. 9, ch. 99.326; s. 3, ch. 2001 -75; S. 11, ch. 2005 -277; s. 51, ch. 2005 -278; s. 7, ch. 2005 -286; s. 16, ch. 2007.30; s. 14, ch. 2011 -40. Note. - Former ss. 102.32, 102.33, 102.351, 102.36, 102.66, 102.69. 99.0615 Write -in candidate residency require - ments.-At the time of qualification, all write -in candi- dates must reside within the district represented by the office sought. History. -s. 56, ch. 2007.30. 99.063 Candidates for Governor and Lieutenant Governor. - (1) No later than 5 p.m. of the 9th day following the primary election, each candidate for Governor shall designate a Lieutenant Governor as a running mate. Such designation must be made in writing to the Department of State. (2) No later than 5 p.m. of the 9th day following the primary election, each designated candidate for Lieu- tenant Governor shall file with the Department of State: (a) The candidate's oath required by s. 99.021, which must contain the name of the candidate as it is to appear on the ballot; the office sought; and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a). (b) If the office sought is partisan, the written statement of political party affiliation required by s. 99.021(1) (b). (c) The full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution. A public officer who has filed the full and public disclosure with the Commission on Ethics prior to qualifying for office may file a copy of that disclosure at the time of qualifying. (3) A designated candidate for Lieutenant Governor is not required to pay a separate qualifying fee or obtain signatures on petitions. Ballot position obtained by the candidate for Governor entitles the designated candi- date for Lieutenant Governor, upon receipt by the 867 Department of State of the qualifying papers required by subsection (2), to have his or her name placed on the ballot for the joint candidacy. (4) In order to have the name of the candidate for Lieutenant Governor printed on the primary election ballot, a candidate for Governor participating in the primary must designate the candidate for Lieutenant Governor, and the designated candidate must qualify no later than the end of the qualifying period specified in s. 99.061. If the candidate for Lieutenant Governor has not been designated and has not qualified by the end of the qualifying period specified in s. 99.061, the phrase "Not Yet Designated" must be included in lieu of the candidate's name on the primary election ballot. (5) Failure of the Lieutenant Governor candidate to be designated and qualified by the time specified in subsection (2) shall result in forfeiture of ballot position for the candidate for Governor for the general election. History. -s. 1, ch. 99 -140; s. 45, ch. 2001 -40; s. 12, ch. 2005 -277; s. 8, ch. 2005 -286; s. 15, ch. 2011 -40. 99.081 United States Senators elected in gen- eral election.- United States Senators from Florida shall be elected at the general election held preceding the expiration of the present term of office, and such election shall conform as nearly as practicable to the methods provided for the election of state officers. History. -s. 3, ch. 26870, 1951; s. 6, ch. 77 -175; s. 7, ch. 89 -338. Note.- Former s. 106.01. 99.091 Representatives to Congress. - (1) A Representative to Congress shall be elected in and for each congressional district at each general election. (2) When Florida is entitled to additional represen- tatives according to the last census, representatives shall be elected from the state at large and at large thereafter until the state is redistricted by the Legisla- ture. History. -ss. 2, 3, ch. 3879,1889; RS 157; s. 4, ch. 4328, 1895; s. 3, ch. 4537, 1897; GS 174; FIGS 218; CGL 253; s. 2, ch. 25383.1949; s. 3, ch. 26870,1951; s. 6, ch. 77 -175. Note. - Former s. 96.07. 99.092 Qualifying fee of candidate; notification of Department of State. - (1) Each person seeking to qualify for nomination or election to any office, except a person seeking to qualify by the petition process pursuant to s. 99.095 and except a person seeking to qualify as a write -in candidate, shall pay a qualifying fee, which shall consist of a filing fee and election assessment, to the officer with whom the person qualifies, and any party assessment levied, and shall attach the original or signed duplicate of the receipt for his or her party assessment or pay the same, in accordance with the provisions of s. 103.121, at the time of filing his or her other qualifying papers. The amount of the filing fee is 3 percent of the annual salary of the office. The amount of the election assessment is 1 percent of the annual salary of the office sought. The election assessment shall be transferred to the Elec- tions Commission Trust Fund. The amount of the party assessment is 2 percent of the annual salary. The annual salary of the office for purposes of computing the filing fee, election assessment, and party assessment IFAXCover Sheet TO: Attny. Randolph Phone: Fax Phone: Date: 2 -13 -14 Number of pages including cover sheet: !FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Rita Phone: 561 - 276 -5116 Fax Phone: 561- 737 -0188 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP See attached a formal complaint from O'Hare regarding some of the Candidate filing submissions. I have enclosed copies he has listed. Call me when you have looked at them. There are other things I need to talk to you about, also involving O'Hare*. Originals to Follow by Mail: Yes CC: Fax Phone: No x Transmission Report Date /Time 02 -13 -2014 11:28:14 a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11 " I FAX Cover Sheet TO: Attny. Randolph Phone: Fax Phone: 1Date: 2 -13 -14 (Number ofpages including cover sheet: 1! Town of Gulf Strcam 100 Sea Road Gull-Stream, FL 33483 Rita Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 REMARKS: ❑ As Requested o Urgent c FYI ❑ For Your Review ❑ Reply ASAP See attached a formal complaint from O'Hare regarding some of the Candidate filing submissions. I have enclosed copies he has listed. call me when you have looked at them. There are other things I need to talk to you about, also involving O'Hare. Originals to Follow by Mail: Yes No x LFaxFax P11013 e: Total Pages Scanned : 11 Total Pages Confirmed : 11 No. Job Remote Station Start Time I Duration Pages Line Mode Job Type Results 001 490 jjonesjoster PA 11:20:30 a.m. 02 -13 -2014 00:07:06 111111 11 1 EC IHS I CP14400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3 WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct Bill Thrasher From: Chris O'Hare <chrisoharegulfstream @gmail.com> Sent: Wednesday, February 12, 2014 12:07 PM To: Bill Thrasher, mailbox @pbcelections.org; pasodonna @gmail.com; joanorthwein @gmail.com; rwganger @bellsouth.net; tom @macmillanstanley.com; Marty O'Boyle; scottmorgan750 @gmail.com Subject: Supervisor of Elections Town of Gulf Stream - complaint Please forward to Ms. Rita Taylor, Supervisor of Elections, Town of Gulf Stream. Dear Rita, Thank you for responding, as Custodian of Records, to my recent request for public records in regard to the candidate qualifying submissions for the upcoming Town election. I have only just begun to review these records and have initially discovered that there are issues with some of the submissions. So far they include: Mr. Scott W. Morgan's Statement of Financial Interest signed Feb. 4, 2014 is incomplete because: No information is provided in the area requiring NAME OF AGENCY to be identified No information is provided regarding Mr.Morgan's interest in MORGAN REALTY ASSOCIATES, LLC, FEUEIN Number 46- 4164633 No information is provided regarding Mr.Morgan's interest or income from 1315 Neptune Dr. Boynton Beach FL Each of the six Candidate Petitions for Mr. Morgan appear defective. These Candidate Petition defects are as follows: George Mason Delufield: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • both D.O.B AND VRN are written instead of one or the other • Date Signed is written over • Date Signed is not written in correct form Nancy D. Touhey: Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Date of Birth is not written in correct form Date Signed is not written in correct form Joan K. Orthwein: Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Date Signed is written over Date Signed is not written in correct form Amand A. Jones: Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Date Signed is not written in correct form Bettina F. Smith: Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Name printed above the instructions (print name as it appears on your voter information card) is double printed Thomas A. Smith: Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Please consider this email to be my FORMAL COMPLAINT on this matter and my request that you act accordingly. I am copying this FORMAL COMPLAINT with accompanying details to the Supervisor of Elections for Palm Beach County and to the other candidates who have an obvious interest in this matter. Your prompt reply to this Formal Complaint is most appreciated. Sincerely, Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, FL FORM 1 STATEMENT OF 2013 Please print or type your name, mailing FINANCIAL INTERESTS address, agency name, and position below: FOR OFFICE USE ONLY: LAST NAME — FIRST NAME — MIDDLE NAME: lC Co •�/ cSc fl �- j L �J Pzt L A MAILING ADDRESS : u ,U, D: vL/ s ; , �- %i 3y&-3 CITY: ZIP: COUNTY: NAME OF AGENCY: NAME OF OFFICE OR POSITION HELD OR SOUGHT: / © .t� C,� -v1M / S f� -J� -ti- / O fill �✓ � L � (l L F S � .tc,��4 �v( You are not limited to the space on the lines on this form. Attach additional sheets, if necessary. CHECK ONLY IF 2r-CANDIDATE OR J NEW EMPLOYEE OR APPOINTEE * * ** BOTH PARTS OF THIS SECTION MUST BE COMPLETED * ** DISCLOSURE PERIOD: THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, WHETHER BASED ON A CALENDAR YEAR OR ON A FISCAL YEAR. PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING EITHER (must check one): DECEMBER 31, 2013 OR ❑ SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR: MANNER OF CALCULATING REPORTABLE INTERESTS: FILERS HAVE THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH REQUIRES FEWER CALCULATIONS, OR USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES (see instructions for further details). CHECK THE ONE YOU ARE USING: -/ El COMPARATIVE (PERCENTAGE) THRESHOLDS OR Ed DOLLAR VALUE THRESHOLDS PART A -- PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person - See instructions] (If you have nothing to report, write "none" or 'Wa ") NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART B -- SECONDARY SOURCES OF INCOME [Major customers, clients, and other sources of income to businesses owned by the reporting person - See instructions] (If you have nothing to report, write "none" or 'Wa ") NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS BUSINESS ENTITY OF BUSINESS INCOME OF SOURCE ACTIVITY OF SOURCE PART C -- REAL PROPERTY [Land, buildings owned by the reporting person - See instructions] (If you have nothing to report, write "none" or "n /a ") FILING INSTRUCTIONS for when and where to file this form are located at the bottom of page 2. INSTRUCTIONS on who must file Jlyo k) Le) 6 C,4 ZV-1 I � lv (lL 1 �� < �t M !Z this form and how to fill it out begin on page 3. CE FORM 1 - Effective: January 1. 2014. (Continued on reverse side) PAGE 1 Adopted by reference in Rule 34- 8.202(1); FA.0 PART D — INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certificates of deposit, etc. - See instructions] (If you have nothing to report, write "none" or "nla ") \ TYPE OF INTANGIBLE I BUSINESS ENTITY TO WHICH THE PROPERTY RELATES PART E — LIABILITIES [Major debts - See instructions] (If you have nothing to report, write "none" or "n/a") NAME OF CREDITOR ADDRESS OF CREDITOR k,145 LL ( r- ,4A -chU /C ,4 .x.6-_ 5 /Ov X a i-& r S i7 PART F — INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses - See instructions] (If you have nothing to report, write "none" or "n/a") BUSINESS ENTITY # 1 BUSINESS ENTITY # 2 NAME OF BUSINESS ENTITY Pv M 1,0 2S i CO o rL4a:} AJ .Zf 7` -4SS�c- L ADDRESS OF BUSINESS ENTITY y✓' !S' ti6= (- rU qe /J %✓oy +/T-d ..J PRINCIPAL BUSINESS ACTIVITY stn n ni vF a c_ -u i vcti. n,�: a r r, f y sF f POSITION HELD WITH ENTITY �2� °J 14 �t ^J NI 1+ n/L 3 I OWN MORE THAN A 5% INTEREST IN THE BUSINESS NATURE OF MY OWNERSHIP INTEREST �� i U 6 d IF ANY OF PARTS A THROUGH F ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE ❑ SIGNATURE (required ): DATE SIGNED (required � y z� y If a certified public accountant licensed under Chapter 473, or attorney in good standing with the Florida Bar prepared this form for you, he or she must complete the following statement: I, , prepared the CE Form 1 in accordance with Section 112.3145, Florida Statutes, and the instructions to the form. Upon my reasonable knowledge and belief, the disclosure herein is true and correct. Signature WHAT TO FILE: After completing all parts of this form, including signing and dating it, send back only the first sheet (pages 1 and 2) for filing. If you have nothing to report in a particular section, you must write "none" or 'Wa" in that section(s). NOTE: MULTIPLE FILING UNNECESSARY- Generally, a person who has filed Form 1 for a calendar or fiscal year is not required to file a second Form 1 for the same year. However, a candidate who previously filed Form 1 because of another public position must at least file a copy of his or her original Form 1 when qualifying. FILING INSTRUCTIONS: WHERE TO FILE: If you were mailed the form by the Commission on Ethics or a County Supervisor of Elections for your annual disclosure filing, return the form to that location. Local officers /employees file with the Supervisor of Elections of the county in which they permanently reside. (If you do not permanently reside in Florida, file with the Supervisor of the county where your agency has its headquarters.) State officers or specified state employees file with the Commission on Ethics, P.O. Drawer 15709, Tallahassee, FL 32317 -5709; physical address: 325 John Knox Road, Building E, Suite 200, Tallahassee, FL 32303. Candidates file this form together with their qualifying papers. To determine what category your position falls under, see the "Who Must File" Instructions on page 3. Facsimiles will not be accepted. Date WHEN TO FILE: Initially, each local officer /employee, state officer, and specified state employee must file within 30 days of the date of his or her appointment or of the beginning of employment. Appointees who must be confirmed by the Senate must file prior to confirmation, even if that is less than 30 days from the date of their appointment. Candidates for publicly - elected local office must file at the same time they file their qualifying papers. Thereafter, local officers /employees, state officers, and specified state employees are required to file by July 1 st following each calendar year in which they hold their positions. Finally, at the end of office or employment, each local officer /employee, state officer, and specified state employee is required to file a final disclosure form (Form 1 F) within 60 days of leaving office or employment. However, filing a CE Form 1F (Final Statement of Financial Interests) does not relieve the filer of filing a CE Form 1 if he or she was in their position on December 31, 2013. CE FORM 1 - Effective: January 1, 2014. PAGE 2 Adopted by reference in Rule 34 -6 202(1), F.A.0 Statutes & Constitution :View Statutes : Online Sunshine Pagel of 5 Select Year: 2013 u FGo The 2013 Florida Statutes Title IX Chapter 106 View Entire Chapter ELECTORS AND ELECTIONS CAMPAIGN FINANCING 106.07 Reports; certification and filing.— (1) Each campaign treasurer designated by a candidate or political committee pursuant to s. 106.021 shall file regular reports of all contributions received, and all expenditures made, by or on behalf of such candidate or political committee. Except as provided in paragraphs (a) and (b), reports shall be filed on the 10th day following the end of each calendar month from the time the campaign treasurer is appointed, except that, if the 10th day following the end of a calendar month occurs on a Saturday, Sunday, or legal holiday, the report shall be filed on the next following day that is not a Saturday, Sunday, or legal holiday. Monthly reports shall include all contributions received and expenditures made during the calendar month which have not otherwise been reported pursuant to this section. (a) A statewide candidate or a political committee required to file reports with the division must file reports: 1. On the 60th day immediately preceding the primary election, and each week thereafter, with the last weekly report being filed on the 4th day immediately preceding the general election. 2. On the 10th day immediately preceding the general election, and each day thereafter, with the last daily report being filed the 5th day immediately preceding the general election. (b) Any other candidate or a political committee required to file reports with a filing officer other than the division must file reports on the 60th day immediately preceding the primary election, and biweekly on each Friday thereafter through and including the 4th day immediately preceding the general election, with additional reports due on the 25th and 11 th days before the primary election and the general election. (c) Following the last day of qualifying for office, any unopposed candidate need only file a report within 90 days after the date such candidate became unopposed. Such report shall contain all previously unreported contributions and expenditures as required by this section and shall reflect disposition of funds as required by s. 106.141. (d)1. When a special election is called to fill a vacancy in office, all political committees making contributions or expenditures to influence the results of such special election or the preceding special primary election shall file campaign treasurers' reports with the filing officer on the dates set by the Department of State pursuant to s. 100.111. 2. When an election is called for an issue to appear on the ballot at a time when no candidates are scheduled to appear on the ballot, all political committees making contributions or expenditures in support of or in opposition to such issue shall file reports on the 18th and 4th days before such election. (e) The filing officer shall provide each candidate with a schedule designating the beginning and end of reporting periods as well as the corresponding designated due dates. (2)(a)1. All reports required of a candidate by this section shall be filed with the officer before whom the candidate is required by law to qualify. All candidates who file with the Department of State http: / /www. leg. state.fl.us / statutes /index.cftn ?App mode= Display_ Statute& Search_String = &URL =0100- 0199/... 2/13/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 5 shall file their reports pursuant to s. 106.0705. Except as provided in s. 106.0705, reports shall be filed not later than 5 p.m. of the day designated; however, any report postmarked by the United States Postal Service no later than midnight of the day designated is deemed to have been filed in a timely manner. Any report received by the filing officer within 5 days after the designated due date that was delivered by the United States Postal Service is deemed timely filed unless it has a postmark that indicates that the report was mailed after the designated due date. A certificate of mailing obtained from and dated by the United States Postal Service at the time of mailing, or a receipt from an established courier company, which bears a date on or before the date on which the report is due, suffices as proof of mailing in a timely manner. Reports other than daily reports must contain information on all previously unreported contributions received and expenditures made as of the preceding Friday, except that the report filed on the Friday immediately preceding the election must contain information on all previously unreported contributions received and expenditures made as of the day preceding that designated due date; daily reports must contain information on all previously unreported contributions received as of the preceding day. All such reports are open to public inspection. 2. This subsection does not prohibit the governing body of a political subdivision, by ordinance or resolution, from imposing upon its own officers and candidates electronic filing requirements not in conflict with s. 106.0705. Expenditure of public funds for such purpose is deemed to be for a valid public purpose. (b)1. Any report that is deemed to be incomplete by the officer with whom the candidate qualifies must be accepted on a conditional basis. The campaign treasurer shall be notified by certified mail or by another method using a common carrier that provides a proof of delivery of the notice as to why the report is incomplete and within 7 days after receipt of such notice must file an addendum to the report providing all information necessary to complete the report in compliance with this section. Failure to file a complete report after such notice constitutes a violation of this chapter. 2. Notice is deemed complete upon proof of delivery of a written notice to the mailing or street address of the campaign treasurer or registered agent of record with the filing officer. (3) Reports required of a political committee shall be filed with the agency or officer before whom such committee registers pursuant to s. 106.03(3) and shall be subject to the same filing conditions as established for candidates' reports. Incomplete reports by political committees shall be treated in the manner provided for incomplete reports by candidates in subsection (2). (4)(a) Except for daily reports, to which only the contributions provisions below apply, and except as provided in paragraph (b), each report required by this section must contain: 1. The full name, address, and occupation, if any, of each person who has made one or more contributions to or for such committee or candidate within the reporting period, together with the amount and date of such contributions. For corporations, the report must provide as clear a description as practicable of the principal type of business conducted by the corporation. However, if the contribution is $100 or less or is from a relative, as defined in s. 112.312, provided that the relationship is reported, the occupation of the contributor or the principal type of business need not be listed. 2. The name and address of each political committee from which the reporting committee or the candidate received, or to which the reporting committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers. 3. Each loan for campaign purposes to or from any person or political committee within the reporting period, together with the full names, addresses, and occupations, and principal places of business, if any, of the tender and endorsers, if any, and the date and amount of such loans. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search_String=&UR-L=0100-0199/... 2/13/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 5 4. A statement of each contribution, rebate, refund, or other receipt not otherwise listed under subparagraphs 1. through 3. 5. The total sums of all loans, in -kind contributions, and other receipts by or for such committee or candidate during the reporting period. The reporting forms shall be designed to elicit separate totals for in -kind contributions, loans, and other receipts. 6. The full name and address of each person to whom expenditures have been made by or on behalf of the committee or candidate within the reporting period; the amount, date, and purpose of each such expenditure; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made. However, expenditures made from the petty cash fund provided by s. 106.12 need not be reported individually. 7. The full name and address of each person to whom an expenditure for personal services, salary, or reimbursement for authorized expenses as provided in s. 106.021(3) has been made and which is not otherwise reported, including the amount, date, and purpose of such expenditure. However, expenditures made from the petty cash fund provided for in s. 106.12 need not be reported individually. Receipts for reimbursement for authorized expenditures shall be retained by the treasurer along with the records for the campaign account. 8. The total amount withdrawn and the total amount spent for petty cash purposes pursuant to this chapter during the reporting period. 9. The total sum of expenditures made by such committee or candidate during the reporting period. 10. The amount and nature of debts and obligations owed by or to the committee or candidate, which relate to the conduct of any political campaign. 11. Transaction information for each credit card purchase. Receipts for each credit card purchase shall be retained by the treasurer with the records for the campaign account. 12. The amount and nature of any separate interest - bearing accounts or certificates of deposit and identification of the financial institution in which such accounts or certificates of deposit are located. 13. The primary purposes of an expenditure made indirectly through a campaign treasurer pursuant to s. 106.021(3) for goods and services such as communications media placement or procurement services, campaign signs, insurance, and other expenditures that include multiple components as part of the expenditure. The primary purpose of an expenditure shall be that purpose, including integral and directly related components, that comprises 80 percent of such expenditure. (b) Multiple uniform contributions from the same person, aggregating no more than $250 per calendar year, collected by an organization that is the affiliated sponsor of a political committee, may be reported by the political committee in an aggregate amount listing the number of contributors together with the amount contributed by each and the total amount contributed during the reporting period. The identity of each person making such uniform contribution must be reported to the filing officer as provided in subparagraph (a)1. by July 1 of each calendar year, or, in a general election year, no later than the 60th day immediately preceding the primary election. (c) The filing officer shall make available to any candidate or committee a reporting form which the candidate or committee may use to indicate contributions received by the candidate or committee but returned to the contributor before deposit. (5) The candidate and his or her campaign treasurer, in the case of a candidate, or the political committee chair and campaign treasurer of the committee, in the case of a political committee, shalt certify as to the correctness of each report; and each person so certifying shall bear the responsibility for the accuracy and veracity of each report. Any campaign treasurer, candidate, or political committee chair who willfully certifies the correctness of any report while knowing that such report is incorrect, http: / /www.leg.state.fl.us /statutes /index.cf n ?App_mode= Display _Statute &Search_String = &UR -= 0100- 0199/... 2/13/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 5 false, or incomplete commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) The records maintained by the campaign depository with respect to any campaign account regulated by this chapter are subject to inspection by an agent of the Division of Elections or the Florida Elections Commission at any time during normal banking hours, and such depository shall furnish certified copies of any of such records to the Division of Elections or Florida Elections Commission upon request. (7) Notwithstanding any other provisions of this chapter, in any reporting period during which a candidate or political committee has not received funds, made any contributions, or expended any reportable funds, the filing of the required report for that period is waived. However, the next report filed must specify that the report covers the entire period between the last submitted report and the report being filed, and any candidate or political committee not reporting by virtue of this subsection on dates prescribed elsewhere in this chapter shall notify the filing officer in writing on the prescribed reporting date that no report is being filed on that date. (8)(a) Any candidate or political committee failing to file a report on the designated due date is subject to a fine as provided in paragraph (b) for each late day, and, in the case of a candidate, such fine shall be paid only from personal funds of the candidate. The fine shall be assessed by the filing officer and the moneys collected shall be deposited: 1. In the General Revenue Fund, in the case of a candidate for state office or a political committee that registers with the Division of Elections; or 2. In the general revenue fund of the political subdivision, in the case of a candidate for an office of a political subdivision or a political committee that registers with an officer of a political subdivision. No separate fine shall be assessed for failure to file a copy of any report required by this section. (b) Upon determining that a report is late, the filing officer shall immediately notify the candidate or chair of the political committee as to the failure to file a report by the designated due date and that a fine is being assessed for each late day. The fine is $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each special primary election, special election, primary election, and general election, the fine is $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. For reports required under s. 106.141(8), the fine is $50 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. Upon receipt of the report, the filing officer shall determine the amount of the fine which is due and shall notify the candidate or chair or registered agent of the political committee. The filing officer shall determine the amount of the fine due based upon the earliest of the following: 1. When the report is actually received by such officer. 2. When the report is postmarked. 3. When the certificate of mailing is dated. 4. When the receipt from an established courier company is dated. 5. When the electronic receipt issued pursuant to s. 106.0705 or other electronic filing system authorized in this section is dated. Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment due, unless appeal is made to the Florida Elections Commission pursuant to paragraph (c). Notice is deemed http://www.leg.state.fl.us/statutes/index.cfm?App mode= Display _Statute &Search_String = &URL =0100- 0199/... 2/13/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 5 complete upon proof of delivery of written notice to the mailing or street address on record with the filing officer. In the case of a candidate, such fine is not an allowable campaign expenditure and shall be paid only from personal funds of the candidate. An officer or member of a political committee is not personally liable for such fine. (c) Any candidate or chair of a political committee may appeal or dispute the fine, based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request and shall be entitled to a hearing before the Florida Elections Commission, which shall have the authority to waive the fine in whole or in part. The Florida Elections Commission must consider the mitigating and aggravating circumstances contained in s. 106.265(2) when determining the amount of a fine, if any, to be waived. Any such request shall be made within 20 days after receipt of the notice of payment due. In such case, the candidate or chair of the political committee shall, within the 20 -day period, notify the filing officer in writing of his or her intention to bring the matter before the commission. (d) The appropriate filing officer shall notify the Florida Elections Commission of the repeated late filing by a candidate or political committee, the failure of a candidate or political committee to file a report after notice, or the failure to pay the fine imposed. The commission shall investigate only those alleged late filing violations specifically identified by the filing officer and as set forth in the notification. Any other alleged violations must be separately stated and reported by the division to the commission under s. 106.25(2). (9) The Department of State may prescribe by rule the requirements for filing campaign treasurers' reports as set forth in this chapter. History. -s. 7, ch. 73 -128; ss. 5, 15, 17, ch. 74 -200; ss. 1, 2, ch. 75 -8; s. 2, ch. 75 -139; s. 1, ch. 77 -174; s. 46, ch. 77 -175; s. 23, ch. 79 -164; ss. 7, 8, ch. 79 -365; s. 4, ch. 79 -378; s. 58, ch. 79 -400; s. 52, ch. 81 -259; s. 27, ch. 81 -304; s. 2, ch. 82 -143; s. 11, ch. 83 -251; s. 37, ch. 84 -302; s. 6, ch. 85 -226; s. 1, ch. 86 -134; s. 13, ch. 87 -224; s. 9, ch. 89 -256; s. 31, ch. 90 -315; s. 2, ch. 90 -338; s. 18, ch. 90 -502; s. 7, ch. 91 -107; s. 2, ch. 95 -140; s. 640, ch. 95 -147; s. 15, ch. 95 -280; s. 7, ch. 97 -13; s. 6, ch. 2001 -75; s. 29, ch. 2002 -17; s. 2, ch. 2002 -197; s. 8, ch. 2003 -1; ss. 17, 18, ch. 2004 -252; s. 24, ch. 2005 -286; ss. 5, 10, ch. 2006 -300; s. 29, ch. 2008 -95; s. 59, ch. 2011 -40; s. 6, ch. 2012 -5; s. 9, ch. 2013 -37. Copyright © 1995 -2014 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg. state.fl. us/ statutes /index.cfin? App_ mode = Display_ Statute &Search_String = &URL= 0100- 0199/... 2/13/2014 Scott W. Morgan Possible Financial Interests HUMIDIFIRST CO. Name: Address: Status: State: Corporation Number: Descriptive Status: Title: Record Type: Record Date: Filing Date: MORGAN & WHITE, LTD., CO. Name: Address: Status: State: Corporation Number: Descriptive Status: Title: Record Type: Record Date: SCOTT, MORGAN 1315 NEPTUNE DR BOYNTON BEACH, FL 33426- 8403 ACTIVE FL P07000073919 ACTIVE DIRECTOR CURRENT 10/28/2013 10/4/2011 MORGAN, SCOTT W 1520 NEPTUNE DR STE A BOYNTON BEACH, FL 33426- 8422 ACTIVE FL F04000003962 ACTIVE PRESIDENT CURRENT 7/18/2008 MORGAN & WILKEN, A PROFESSIONAL CORPORATION Name: MORGAN, SCOTT W Address: 10 S MARKET SO STE 500 HARRISBURG, PA 17101 Status: ACTIVE State: PA Descriptive Status: ACTIVE Title: PRESIDENT Record Type: HISTORICAL Record Date: 12/4/2013 Filing Date: 3/3/1992 MORGAN REALTY ASSOCIATES, LLC Name: SCOTT, MORGAN Address: 1315 NEPTUNE DR BOYNTON BEACH, FL 33426- 8403 Status: ACTIVE State: FL Corporation Number: L13000162635 Descriptive Status: ACTIVE Title: MEMBER MANAGER Record Type: CURRENT Record Date: 11/21/2013 Filing Date: 11/19/2013 YELLOW WOOD, CO. Name: Address: Status: State: Descriptive Status Title: Record Type: Record Date: Filing Date: MORGAN, SCOTT W 120 SOUTH ST HARRISBURG, PA 17101- 1210 ACTIVE PA ACTIVE PRESIDENT CURRENT 12/4/2013 4/13/2000 Bill Thrasher From: Chris O'Hare < chrisoharegulfstream @gmail.com> Sent: Thursday, February 13, 2014 1:24 PM To: Bill Thrasher Subject: Fwd: Supervisor of Elections Town of Gulf Stream - complaint Please forward to Ms. Rita Taylor Supervisor of Elections, Town of Gulf Stream. Ms. Taylor, At today's AD HOC meeting this morning you told me you did not as yet have an opportunity to read my complaint (copied below for your reference) regarding what I believe are defective items in Mr. Scott Morgan's candidate submissions. I hope you have taken the time since our discussion to review my complaint in order to determine the veracity of my claims. You will no doubt agree with me that this is a very important issue and one that merits your immediate attention. I am sure the other candidates are anxious for your review as well I am since I am planning a Meet the Candidate Garden Party on Sunday, Feb. 16 and this event will be significantly impacted by your ruling. I hope to hear from you soon. Sincerely, Chris O'Hare ---- - - - - -- Forwarded message ---- - - - - -- From: Chris O'Hare <chrisoharegulfstream a,gmail.com> Date: Wed, Feb 12, 2014 at 12:11 PM Subject: Supervisor of Elections Town of Gulf Stream - complaint To: Jonathan O'Boyle <ionathanroboyleggmail.com >, Louis Roeder <lou a,louroeder.com >, Norma Lenna <nlemla ,oboylelawfirm.com> ---- - - - - -- Forwarded message ---- - - - - -- From: "Chris O'Hare" <chrisoharegulfstream a gmail.com> To: btlarasher gulf- stream.org, mailboxnpbcelections.org, pasodonna c,gmail.com, ioanorthwein c,gmail.com, rwgangergbel I south. net, tomgmacmillanstanley.com, "Marty O'Boyle" <mobola,commerce- rgLi corn >, scottmorgan750(2gmail.com Cc: Date: Wed, 12 Feb 2014 12:07:14 -0500 Subject: Supervisor of Elections Town of Gulf Stream - complaint Please forward to Ms. Rita Taylor, Supervisor of Elections, Town of Gulf Stream. Dear Rita, Thank you for responding, as Custodian of Records, to my recent request for public records in regard to the candidate qualifying submissions for the upcoming Town election. I have only just begun to review these records and have initially discovered that there are issues with some of the submissions. So far they include: Mr. Scott W. Morgan's Statement of Financial Interest signed Feb. 4, 2014 is incomplete because: No information is provided in the area requiring NAME OF AGENCY to be identified No information is provided regarding Mr.Morgan's interest in MORGAN REALTY ASSOCIATES, LLC, FEUEIN Number 46- 4164633 No information is provided regarding Mr.Morgan's interest or income from 1315 Neptune Dr. Boynton Beach FL Each of the six Candidate Petitions for Mr. Morgan appear defective. These Candidate Petition defects are as follows: George Mason Delufield: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • both D.O.B AND VRN are written instead of one or the other • Date Signed is written over • Date Signed is not written in correct form Nancy D. Touhey: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Date of Birth is not written in correct form • Date Signed is not written in correct form Joan K. Orthwein: Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Date Signed is written over Date Signed is not written in correct form Amand A. Jones: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Date Signed is not written in correct form Bettina F. Smith: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Name printed above the instructions (print name as it appears on your voter information card) is double printed Thomas A. Smith: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Please consider this email to be my FORMAL COMPLAINT on this matter and my request that you act accordingly. I am copying this FORMAL COMPLAINT with accompanying details to the Supervisor of Elections for Palm Beach County and to the other candidates who have an obvious interest in this matter. Your prompt reply to this Formal Complaint is most appreciated. Sincerely, Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, FL Bill Thrasher From: Chris O'Hare <chrisoharegulfstream @gmail.com> Sent: Saturday, February 15, 2014 9:08 PM To: Bill Thrasher Subject: Request for Reconsideration of Morgan Complaint and Public Record Request Attachments: Voter registration records - morgan petitions.pdf; morgan election complaint - town response.pdf; Morgan Financial.docx Please forward to Supervisor of Elections, Town of Gulf Stream Dear Supervisor of Elections, I am writing you in response to your letter of February 14, 2014 (attached herein as morgan election complaint - town response.pdf) regarding your review of my complaint of February 12 about defects in the election qualifying documents submitted by Mr. Scott Morgan. I disagree with your "determination that the qualifying papers have been properly filed and that they are complete on their face. " I respectfully request that you reconsider your determination and again review my complaint (copied below for your reference). In addition to the information contained in my original complaint I request you consider the additional information I have attached to this email. This information consists of two files. The first attached file is named Voter registration records - morgan petitions.pdf. This file contains public records from the Palm Beach County Supervisor of Elections. These records show the voters name as it appears on the voter's voter information card. These records clearly and unequivocally show that the six Candidate Petition forms submitted by Mr. Morgan were filled out incorrectly and are defective. Specifically, Mr. Morgan's Candidate Petition forms require the voter's name to be printed as it appears on their voter information card; that is, last name first, first name and then middle initial. The Candidate Petition forms submitted by Mr. Morgan do NOT comply with this requirement. The second attached file is named Morgan Financial.docx. This file contains a list of Mr. Morgan's business interests as found in various record archives. You will see that the Statement of Financial Interest signed Feb. 4, 2014 and submitted by Mr. Morgan is possibly even more incomplete than I had noted in my original complaint to you. I implore you to act quickly in this matter in order to spare Gulf Stream voters and the Town the trouble of possibly electing an unqualified candidate who may eventually be removed from office by any investigation by another authority higher than your office. In addition to the above requested action, please see my public record request, relative to this matter, made below. Sincerely, Chris O'Hare 2520 Avenue Au Soleil PUBLIC RECORDS REQUEST Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any and all records used by the Supervisor of Elections for the Town of Gulf Stream either for reference, consideration, instruction, or law when making any determination regarding the submission of qualifying documents by Mr. Scott Morgan or when making any determination regarding the complaints made by Ch_ ris O'Hare about these submissions. Any and iaII records of notes, memos, phone logs, emails or any communication regarding said submissions or said complaints. Any and all records of similar submissions by other candidates determined by your office to be defective due to any defects similar to alleged defects that are the subject of said complaints made by O'Hare. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 4119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by �119.07(1)(f) of the Florida Statutes. Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 4119.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream (cD-gmail.com Original Complaint of Feb. 12, 2014: Date: Wed, 12 Feb 2014 12:07:14 -0500 Subject: Supervisor of Elections Town of Gulf Stream - complaint Please forward to Ms. Rita Tavlor. Suoervisor of Elections. Town of Gulf Stream. Dear Rita, Thank you for responding, as Custodian of Records, to my recent request for public records in regard to the candidate qualifying submissions for the upcoming Town election. I have only just begun to review these records and have initially discovered that there are issues with some of the submissions. So far they include: Mr. Scott W. Morgan's Statement of Financial Interest signed Feb. 4, 2014 is incomplete because: • No information is provided in the area requiring NAME OF AGENCY to be identified • No information is provided regarding Mr.Morgan's interest in MORGAN REALTY ASSOCIATES, LLC, FEI /EIN Number 46- 4164633 • No information is provided regarding Mr.Morgan's interest or income from 1315 Neptune Dr. Boynton Beach FL Each of the six Candidate Petitions for Mr. Morgan appear defective. These Candidate Petition defects are as follows: George Mason Delafield: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • both D.O.B AND VRN are written instead of one or the other • Date Signed is written over • Date Signed is not written in correct form Nancy D. Touhey: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed " Date of Birth is not written in correct form " Date Signed is not written in correct form Joan K. Orthwein: " Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed " Date Signed is written over " Date Signed is not written in correct form Amand A. Jones: " Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed " Date Signed is not written in correct form Bettina F. Smith: " Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed " Name printed above the instructions (print name as it appears on your voter information card) is double printed Thomas A. Smith: " Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Please consider this email to be my FORMAL COMPLAINT on this matter and my request that you act accordingly. I am copying this FORMAL COMPLAINT with accompanying details to the Supervisor of Elections for Palm Beach County and to the other candidates who have an obvious interest in this matter. Your prompt reply to this Formal Complaint is most appreciated. 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En O rt to ro m 0 R� rt W r- z 0 N- n a, w h h w CD w h'- Fl rt (D a rOr �C m cn .. .. .. .. .. .. .. .. .. .. :8 � m nNCD C NCO ro I I _ O C� N O N r+j O x H H O H �.o tlo �d O w co m n z O (n y 3 Z z n �C CIJ C7 N C N- 0 w w �A w C H C 0r n (D H n t7 H co H (n N I N O Cn N w w w w co J O H 0 N H I N 0 C O rt n LT] N• rt Cn n �i (D ro �i Ft N cn w cn Ritd Taylor From: Bill Thrasher Sent: Tuesday, February 18, 2014 8:11 AM To: Rita Taylor Subject: FW: Request for Reconsideration of Morgan Complaint and Public Record Request Attachments: Voter registration records - morgan petitions.pdf; morgan election complaint - town response.pdf; Morgan Financial.docx From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com] Sent: Saturday, February 15, 2014 9:08 PM To: Bill Thrasher Subject: Request for Reconsideration of Morgan Complaint and Public Record Request Please forward to Supervisor of Elections, Town of Gulf Stream Dear Supervisor of Elections, am writing you in response to your letter of February 14, 2014 (attached herein as morgan election complaint - town response.pdf) regarding your review of my complaint of February 12 about defects in the election qualifying documents submitted by Mr. Scott Morgan. I disagree with your "determination that the qualifying papers have been properly filed and that they are complete on their face. " I respectfully request that you reconsider your determination and again review my complaint (copied below for your reference). In addition to the information contained in my original complaint I request you consider the additional information I have attached to this email. This information consists of two files. The first attached file is named Voter registration records - morgan petitions.pdf. This file contains public records from the Palm Beach County Supervisor of Elections. These records show the voters name as it appears on the voter's voter information card. These records clearly and unequivocally show that the six Candidate Petition forms submitted by Mr. Morgan were filled out incorrectly and are defective. Specifically, Mr. Morgan's Candidate Petition forms require the voter's name to be printed as it appears on their voter information card; that is, last name first, first name and then middle initial. The Candidate Petition forms submitted by Mr. Morgan do NOT comply with this requirement. The second attached file is named Morgan Financial.docx. This file contains a list of Mr. Morgan's business interests as found in various record archives. You will see that the Statement of Financial Interest signed Feb. 4, 2014 and submitted by Mr. Morgan is possibly even more incomplete than I had noted in my original complaint to you. I implore you to act quickly in this matter in order to spare Gulf Stream voters and the Town the trouble of possibly electing an unqualified candidate who may eventually be removed from office by any investigation by another authority higher than your office. In addition to the above requested action, please see my public record request, relative to this matter, made below. Sincerely, Chris O'Hare 2520 Avenue Au Soleil PUBLIC RECORDS REQUEST Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any and all records used by the Supervisor of Elections for the Town of Gulf Stream either for reference, consideration, instruction, or law when making any determination regarding the submission of qualifying documents by Mr. Scott Morgan or when making any determination regarding the complaints made by Chris O'Hare about these submissions. Any and all records of notes, memos, phone logs, emails or any communication regarding said submissions or said complaints. Any and all records of similar submissions by other candidates determined by your office to be defective due to any defects similar to alleged defects that are the subject of said complaints made by O'Hare. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstreamCilgmail.com Original Complaint of Feb. 12, 2014: Date: Wed, 12 Feb 2014 12:07:14 -0500 Subject: Supervisor of Elections Town of Gulf Stream - complaint Please forward to Ms. Rita Tavlor. Supervisor of Elections, Town of Gulf Stream Dear Rita, Thank you for responding, as Custodian of Records, to my recent request for public records in regard to the candidate qualifying submissions for the upcoming Town election. I have only just begun to review these records and have initially discovered that there are issues with some of the submissions. So far they include: Mr. Scott W. Morgan's Statement of Financial Interest signed Feb. 4, 2014 is incomplete because: • No information is provided in the area requiring NAME OF AGENCY to be identified • No information is provided regarding Mr.Morgan's interest in MORGAN REALTY ASSOCIATES, LLC, FEI/EIN Number 46- 4164633 • No information is provided regarding Mr.Morgan's interest or income from 1315 Neptune Dr. Boynton Beach FL Each of the six Candidate Petitions for Mr. Morgan appear defective. These Candidate Petition defects are as follows: George Mason Delafield: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • both D.O.B AND VRN are written instead of one or the other • Date Signed is written over • Date Signed is not written in correct form Nancy D. Touhey: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Date of Birth is not written in correct form • Date Signed is not written in correct form Joan K. Orthwein: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Date Signed is written over • Date Signed is not written in correct form Amand A. Jones: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Date Signed is not written in correct form Bettina F. Smith: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed • Name printed above the instructions (print name as it appears on your voter information card) is double printed Thomas A. Smith: • Name printed above the instructions (print name as it appears on your voter information card) is incorrectly printed Please consider this email to be my FORMAL COMPLAINT on this matter and my request that you act accordingly. I am copying this FORMAL COMPLAINT with accompanying details to the Supervisor of Elections for Palm Beach County and to the other candidates who have an obvious interest in this matter. Your prompt reply to this Formal Complaint is most appreciated. Sincerely, Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, FL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIEL J. ANDERSON W. GARRETT OERING ROBERT W. GANGER February 14, 2014 Christopher O'Hare 2520 Avenue Au Soleil Gulf Stream, Florida 33483 Dear Mr. O'Hare: x r � r Telephone (561) 276 -5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR I have reviewed the allegations set forth in your complaint dated February 12, 2014 regarding the qualifying papers submitted by Scott Morgan as a candidate for Town Commissioner in the election to be held on March 11, 2014. I have made a determination that the qualifying papers have been properly filed and that they are complete on their face. Sincerely, Rita L. 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