In Re: Damien Gilliams Case No.,: FEC 13-311 · In Re: Damien Gilliams TO: Damien Gilliams 713 Laypo1t Diive Sebastian, FL 32958 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Case

In Re: Damien Gilliams

TO: Damien Gilliams 713 Laypo1t Diive Sebastian, FL 32958

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.,: FEC 13-311

AndreaB Coy 501 Palm Avenue Sebastian, FL 32958

NOTICE OF HEARING (CONSENT ORDER)

A hearing will be held in this case before the Florida Elections Commission on February 24, 2015, at 9:00 am, or as soon thereafter as the parties can be heard, at the following location: Senate Oflice Building, Room 110-S, 404 South Monroe Street, Tallahassee, FL 32399

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause

This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows:

If you are the Respondent, you may attend the heating, and you or your attorney will have 5 minutes to present your case to the Commission However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard.

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission. In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases

The Commission will electronically record the meeting Although the Commission's recording is considered the official record of the heating, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing

If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing

See further instructions on the reverse side ..

NOH FEC #13-311

Jfory :MCKeiwer 'Toman Executive Director Florida Elections Commission February 9, 2015

Please refer to the info1mation below for fiuthe1 instmctions related to your patticular heating:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for yow failure to file a cainpaign treasurer's r epo1t on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the 1eport was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the repo1t timely You are required to prove yow case If the Commission finds that the repo1t was filed timely or that there we1e unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106265, Florida Statutes If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld

If this is a heating to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent 01der, the case will be closed and become public If the Commission rejects the consent OJder OJ does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent OJder, the case will be closed.. If the Commission r(!jects the consent order or does not make a decision to accept OJ deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation( s) alleged

If this is a probable cause hearing, the Commission will decide if there is prnbable cause to believe that the Respondent committed a violation of Florida's election laws .. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case. Respondent may not testify, call othen to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whethe1 Respondent should be charged with a violation and, before the Commission determines whether a violation has occuned OJ a fine should be imposed, Respondent will have an opportunity for another heating at which evidence may be introduced ..

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 120 57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-l .004, Florida Administrative Code At the heating, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Prnbable Cause The Respondent will be permitted to testify However the Respondent may not call witnesses to testify

Respondent may atgue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause At Respondent's 1equest, the Commission may dete1mine whether Respondent's actions in the case were willfol. The Respondent may also address the appropriateness of the recommended fine If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing A financial affidavit form is available from the Commission Clerk.


Florida Elections Commission, Petitioner"

v. Agency Case No.: FEC 13-311 F.O. No: FOFEC <#>

Damien Gilliams, Respondent

CONSENT ORDER

Respondent, Damien Gilliams, and the Florida Elections Commission (Commission)

agree that this Consent Order resolves all of the issues between the parties in this case. The

parties jointly stipulate to the following facts, conclusions of law, and order

FINDINGS OF FACT

L On June 12, 2014, the staff of the Commission issued a Staff Recommendation,

recommending to the Commission that there was probable cause to believe that Respondent

violated Chapter 106, Florida Statutes

2 On November 21, 2014, the Commission entered an Order of Probable Cause

finding that there was probable cause to charge the Respondent with the following violation:

Count 1:

During the 2013 election cycle, Respondent violated Section 106 143(6), Florida Statutes, when the Respondent posted signs without the word "for" between his name and the office for which he was running, although he was not the incumbent candidate ..

Consent Order -Post PC FECCase# 13-311

3 . Respondent expressed a desire to enter into negotiations directed toward reaching

a consent agreement

4.. Respondent and staff stipulate to the following facts:

A. Respondent was a candidate for Sebastian City Council during the 2013 election cycle ..

During the 2013 election cycle, Respondent displayed campaign signs that did not contain the word "for" between Respondent's name and the office for which he was running when he was not the incumbent candidate

CONCLUSIONS OF LAW

5.. The Commission has jurisdiction over the parties to and subject matter of this

cause, pursuant to Section 106 26, Florida Statutes

6.. The Commission staff and the Respondent stipulate that although the violations

charged in the Order of Probable Cause may not have been knowingly committed; all elements

of the violations can be proven by clear and convincing evidence.

7. Respondent neither admits nor denies that he violated Section 106 . .143(6), Florida

Statutes

ORDER

8 Respondent and the staff of the Commission have entered into this Consent Order

voluntarily and upon advice of counsel

9. Respondent shall bear his own attorney's foes and costs that are m anyway

associated with this case.

I 0 The Commission will consider the Consent Order at its next available meeting.

11 Respondent voluntarily waives the right to any farther proceedings under

Chapters 104, 106, and 120, Florida Statutes, and the right to appeal the Consent Order

12 This Consent Order is enforceable under Sections 106.265 and 120 69, Florida

Statutes.. Respondent expressly waives any venue privileges and agrees that if enforcement of

Consent Order-Post PC FEC Case# 13-311 2

this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shall be

responsible for all fees and costs associated with enforcement

13 . If the Commission does not receive the signed Consent Order and the penalty by

December 31, 2014, the staff withdraws this offer of settlement and will proceed with the case.

14 Payment of the civil penalty by cashier's check, or money order, good for at

least 120 days, or attorney trust account check, is a condition precedent to the Commission's

consideration of the Consent Order

PENALTY

WHEREFORE, based upon the foregoing facts and conclusions of law, the Commission

finds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes,

and imposes the following fines:

A Respondent has violated Section 106143(6) Florida Statutes, for

displaying campaign signs that did not contain the word "for" between Respondent's

name and the office for which he was running when he was not the incumbent candidate

Respondent is fined $200 00 for the violation

Therefore it is

ORDERED that the Respondent shall remit to the Commission a civil penalty in the

amount of$200 .. 00, inclusive of foes and costs. The civil penalty shall be paid cashier's check or

money order, good for at least 120 days, or attorney trust account check. The civil penalty shall

be payable to the Florida Elections Commission, 107 West Gaines Street, Collins Building, Suite

224, Tallahassee, Florida, 32399-1050

Consent Order -Post PC FEC Case# 13-311 3

and consents to

~ Respondent hereby agrees

'/-l- //, ·7-01'f ~------------' 2014 ..

Damien Gilliams 713 Layport Drive Sebastian, FL 32958

Commission staff hereby agrees and consents to the terms of this Consent Order on

.if._, \OQ,(:, \.'l , 2014.

Jaakan A Williams Assistant General Counsel Florida Elections Commission 107 West Gaines Street The Collins Building, Suite 224 Tallahassee, FL 32399-1050

Approved by the Florida Elections Commission at its regularly scheduled meeting held

on February 24-25, 2015, in Tallahassee, Florida ..

Copies famished to:

Tim Holladay, Chairman Florida Elections Commission

Jaakan A Williams, Assistant General Counsel Damien Gilliams, Respondent Andrea R Coy, Complainant

Consent Order -Post PC FEC Case# 13-311 4

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FORM128489-0812,

00100781

. ~1f~6~E FJ.OR!pA ELECTION COMMISSION . · .. I $1. . 200 .00 . , . ' T~!O HUN[lRE6 ANb 00. I 100************************************ DOLLARS

DAMIA}J GILLiAMS

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F~ ED 1 l, NOV 2 l PM I : 2 3

STATE OF FLORIDA ~· r~•·r,• FLORIDA ELECTIONS COMMISSION t.u:c, 110

Florida Elections Commission, Petitioner,

v.

Damien Gilliams, Respondent.

Case No.: FEC 13-311

ORDER OF PROBABLE CAUSE

THIS MATTER was heaid by the Florida Elections Commission (Commission) at its

regularly scheduled meeting on October 28, 2014, in Tallahassee, Florida ..

Based on the Complaint, Report of Investigation, Staff's Recommendation, and oral

statements made at the probable cause hearing, the Commission finds that there is probable

cause to charge Respondent with the following violation:

Count 1:

During the 2013 election cycle, Respondent violated Section 106143(6), Florida Statutes, when he posted signs without the word "for" between his name and the office for which he was running, although he was not the incumbent candidate

DONE AND ORDERED by the Florida Elections Commission on October 28, 2014

Copies furnished to: Jaakan A Williams, Assistant General Counsel Damien Gilliams, Respondent Andrea B Coy, Complainant

P:/Order of Probable Cause docx (07/14) FEC Case# 13-311

(

As the Respondent, you may elect to resolve this case in several ways.. First, you may elect to resolve this case by consent order where you and Commission staff agree to resolve the violation(s)s and agree to the amount of the fine. The consent order is then presented to the Commission for its approval. To discuss a consent order, contact the FEC attorney identified in the Order of Probable Cause ..

Second, you may request an informal hearing held before the Commission, if you do not dispute any material fact in the Staff Recommendation. You have 30 days from the date the Order of Probable Cause is filed with the Commission to request such a hearing. The date this order was filed appears in the upper right-hand comer of the fiist page of the order. At the hearing, you will have the right to make written or oral arguments to the Commission concerning the legal issues related to the violation(s) and the potential fine At the request of Respondent, the Commission will consider and determine willfulness at an informal hearing. Otherwise, live witness testimony is unnecessary

Third, you may request a formal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation You have 30 days from the date the Order of Probable Cause is filed with the Commission to request such a hearing .. The date this order was filed appears in the upper righthand corner of the first page of the order. At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you.

If you do not elect to resolve the case by consent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date this Order of Probable Cause is filed with the Commission, the case will be sent to the Commission for a formal or informal hearing, depending on whether the facts are in dispute The date this order was filed appears in the upper right-hand corner of the first page of the order.

To request a hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs The address of the Commission Clerk is 107 W .. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 The telephone number is (850) 922-4539 The Clerk will provide you with a copy of Chapter 28-106, Florida Administrative Code, and other applicable rules upon request No mediation is available

P:/Order of Probable Cause docx (07/14) FEC Case# 13-311


TO: Damien Gilliams 713 Layport Drive Sebastian, FL 32958



AndreaB Coy 50 I Palm A venue Sebastian, FL 32958

NOTICE OF HEARING <PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on Octobet 28, 2014, at 8:30 am, or as soon the1eajler as the parties can be hewd, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, Tallahassee, FL 32399.

Failure to apperu in accordance with this notice will constitute a waiver of your right to participate in the hearing. Continuances will be granted only upon a showing of good cause

This hearing will be conducted pursuant to Section 106..25, Florida Statutes, which governs yom participation as follows:

If you ate the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the heruing, yom case will not be individually heard.

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause rue being considered) may be decided by an en masse vote and, unless the Respondent requests to be herud or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard.

If you ue an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date .. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases.

The Commission will electronically record the meeting. Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified comt reporter to also record the hearing.

If you require an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the heruing.

See further instructions on the reverse side ..

Jlmy '.Mc'l(eeyer <Toman Executive Director Florida Elections Commission October 13, 2014

Please refor to the information below for further instructions related to your particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's rep01t on the designated due date and, by filing an appeal, you have asked the Commission to consider either(!) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the rep01t timely. You are required to prove your case. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106 265, Florida Statutes Jfthe Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld

If this is a hearing to consider a consent order befo:re a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order. If the Commission accepts the consent order, the case will be closed and become public. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived.

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent order, the case will be closed .. If the Commission rejects the consent order 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation( s) alleged

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws .. Respondent should be prepared to explain how the staff in its recommendation inconectly applied the law to the facts of the case Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing. The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occuu ed 01 a fine should be imposed, Respondent will have art opportunity for another hearing at which evidence may be inttoduced

If this is art informal hearing, it will be conducted pursuarrt Sections 120 569 artd 120.57(2), Fl01ida Statutes; Chapter 28 attd Commission Rule 2B-1.004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be permitted to testify .. However the Respondettt may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful The Respondent may also address the appropriateness of the recommended fine .. If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing. A finartcial affidavit form is available from the Commission Clerk

Dz mien Gilliam~ 71 l Laypoxt Dri'": Sel,astian, FL 32S'58

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Jui1e 18, 2014

Case No.: Fl~C 1J .. Jll; Respondent; Damien Gilliams

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l '! Dear Mr Gilliam::: ' :1

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The Commission staff has completed its investigation of the co plaint filed againsqifJ# on Dt·cember 2, 20J ',,and is recommending the Commission find no ·obable i:ause to cha1fa~:you with violating Floida's election laws Please note that this is only recommendation. ~ej.l~nal de eni:1ination o t whether there is probable cause or no prob le cause resides ~tl)']c the Ccmmission :1 ',11

A~ tequired by section !06 25, Florida Statutes, you are being prov dcd with a copy of~e~~taff Recommen?ati0'1 lf you c?oose. to. file a response to the recomt~ dation, you must I;: etom !~12Q!.Ol~!thJh> .£.mnm1ss1on w1thm 14 davs from the date of tln l!i!llfil .. If your res:, . 11:~e to th.;i. staff recomme11dation is received by the close of bnsi ess on July 2, 2Q: 4';/1· the Commission wH consider· your response when determining pro~able cause. . '' .· :I. At its meeting s.d <:<h.1! ed for August 5 .. 6, 2014, the ('.omn;issi~n wi~l hold a hearing to de;tdn!ne whether there 1:; probable ca~se to ~harge .you with v10latmg. <thapter l 04 01 106,_.F pda Stiltutes You ao(l the compl:imant w.111 r.ece1ve a no!lce of he~mg atleM.t J4 days b~No .. the

wt I I have the op 1 :>rtumty to make a bnef oral statement to the Co 1mss1on, but you w1l~ n(it be permitted to test: J y or call others to testify, or introduce any docume tary or other eviden~ fi n.e Notice of !baring will be mailed to the same address as t s letter.. Therefore,'fkf'jyow address changes, y. ou must notify the Commission of your new add4·1 ss Otherwise, you m.·· ~y not 1-eGeive the corn:::pondence from the Commission staff failur~ t receive ffie docume'fi~.will not .delay the pre t:;1bl.~ cause hearjgg : ;!.

I ' ' -' I ~ ..

Unless you haH waived your privilege of confidentiality, plea ·e remember that tl:),1e j)Stafi Rccommendatio J aud all othei documents related to the com laint filed against °:)to# are confidential unU ~he ~omr:ii.ssion finds probable cause or no pnbable cause, or unJ~s-~.;you. waive confidcnt11hty m wntmg. If you retain counsel, your at orney must file a n~li:: ot

·f! l !! •· l; ~[l ~; Sot101 (J0/08)

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FROM (

AFFIDAVIT

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RECEIVED

Address of Deponent

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Damien Gilliams 713 Layport Diive Sebastian, FL 32958

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Collins Building Tallahassee, Florida 32399-1050

(850) 922-4539

August 15, 2014

RE: Case No.: FEC 13-311; Respondent: Damien Gilliams

Dear Mr .. Gilliams:

The Florida Elections Commission at its last regularly scheduled meeting was unable to hem this case .. Therefo1e, this case has been rescheduled fo1 its next meeting, which is scheduled for Octobe1 28-29, 2014 in Tallahassee A notice of hearing will be mailed approximately 14 days befo1e the heaiing ..

If you have any questions, please contact us at the numbe1 listed above 01 at [email protected]

AMI/em cc: Andrea B Coy, Complainant

Aut029(12/08)

Since1ely,

/s/ }lmy :Mc'l(_pever <Toman Executive Di1ector


In Re: Damien Gilliams Case No.: FEC 13-311

TO: Damien Gilliams 713 Layport Drive Sebastian, FL 32958

AndreaB Coy 501 Palm Avenue Sebastian, FL 32958

NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A hearing will be held in this case before the Florida Elections Commission on August 5, 2014, at 11:00 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room S-110, 404 South Monroe Street, 'I allahassee, FL 32399 ..

Failure to appear in accordance with this notice will constitute a waiver of your right to pruticipate in the heruing .. Continuances will be gianted only upon a showing of good cause.

This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your pa1ticipation as follows:

If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.. However, some cases (including those in which consent orders or recommendations for no probable cause ru·e being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orde1s or recommendations for no probable cause are being considered) may be decided by an en mas se vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually hea1d

If you are an Appellant, and you have requested a heating, you may attend the hearing, and you or your attorney will have 5 minutes to present yom case to the Commission

Please be advised that both confidential and public cases rue scheduled to be heard by the Florida Elections Commission on this date As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases.

The Commission will electronically record the meeting. Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing

If you requite an accommodation due to a disability, contact Donna Malphurs at (850) 922-4539 or by mail at 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing.

See for ther instructions on the reverse side ..

JI.my :Mc'l(eever'l'oman Executive Director Florida Elections Commission July 16, 2014

Please refor to the information below for further instructions related to your particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you fqr your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely You are required to prove your case. If the Commission finds that the report was filed timely or that there were unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106.265, Florida Statutes If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld.

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order.. If the Commission accepts the consent order, the case will be closed and become public If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived ..

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order.. If the Commission accepts the consent order, the case will be closed .. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws. Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case Respondent may not testifj;, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occurred or a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 120.57(2), Florida Statutes; Chapter 28 and Commission Rule 2B- l 004, Florida Administrative Code At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be permitted to testify. However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful. The Respondent may also address the appropriateness of the recommended fine. If Respondent claims that his limited resources make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing. A financial affidavit form is available from the Commission Clerk

Dz mien Gilliam~ 713 Laypoxt Dri"·~ Sebastian, FL 32;'53

RK•j; Case No.: FIEC 13·3ll; Respondent; Damien Gilliams

Dear Mr., Gilliam:::

• iij .~:! .. ' : l ~1;: . ;r

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The Commission staff has completed its investigation of the co plaint filed against.·!rq~ on Dt:cember 2, 201 ::,, and is recommending the Commission find no ·obable cause to cha,'!'g~you with violating Floida's election laws Please note that this is only recommendation Ifher.~ ... nal de ennination or wh·~ther there is probable cause or no prob le cause resides ~t!jf: the Ccmmission 1j ':/'

As. required by s~~tion 106 .. 25, Florida Statutes, you are being prov dcd with a copy of~e'!~taff Reco. mmen?atio:1 If yo~ c~oose. to. file a response to the rccomr~ dation, you must 1.· .. :.e. ~Wom IS:~QQ!1~!th .th i; .~mnm1ss1on w1thm l 4 days from the date of tin !!ill§!. If your res ·• ~se to th•,1 staff reco1nm~mdation is received by the close of busi ess on July 2, 20; ';ii· the C(1mmission wm consider your response when determining pro able cause.. . :; J, At its meeting s.dcd<1!ed for August 5-6, 2014, the ('.omrr;issi~n wi~ hold a heating to d~'t~!ne whether there 11; .probable cause to charge you w1·th· v. 10. latmg. ( hap .. ter··,····104 or 106, .,F .. ud. a. St:ltutes You and the complainant w.ill i:eceive a notice of hearin at least J4 days b~),'o the

wd I have the op ':>rtumty to make a bnef oral statement to the Co . m1ss1on, but you wi!~ n~t be pcimitted to test: lY or call others to testify, or introduce any docume tary or other eviden~ 'I Th Notice of H:oaring will be_ mailed to the. same address as s lett~r I~erefore;,'i~f;Jyoux addtcss changes, yot.1 must notify the Comn11ss1on of your new add1~bs Otherwise, you.may not receive the corr·,~1:pondence from the Commission staff failur.§J receive ,the docum¢h~ will not.delay the prct31ble cause hearjng :, ·. + Unless you h~\( waived your privilege of confidentiality, plea ·e. remember t1:at ~1e !~taff Rccommendat10 l aIJ<I all othei documents related to the com !amt filed agamst '.)(O~. are confidential unt 1 the Commission finds probable cause or no pr )bable cause, or un!~s~wyou waive confidcnti 1lity in writing.. If you retain counsel, your at omey must file a ri:~l¢ of

SoflO! (J0/08)

NOCl.::I

[! ;!:, :: * ·::i· :1:

P.2 7-15-2014 3,58PM FROM

AFFIDAVIT RECEIVED

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age. does hereby depose and say under oa1h a$ foll >ws: rtl-L- 11

. $7(,; Jeer<.. \4-rrvre1+e1> ,,._>1n-f ;;If wo1Zt> ''FoK S' I 'l"' s ,,,,r< L .,.-,.ie:{ w e¥:C \' (,4 Nd 119 I I 'ZE il> •

: 1.;..1..+~ i/"1~ !>{ l!vJ'412'0 , ,A Pe I• N~. {2e_-pol?T [lJ IA S . -·n~E wol?f.> \:Or.? \N14S' l"-'f", r1EA5 :r:.(..1 iM J4rc/c~ 6vick tl(> IA 11 .q o.f TY\..(' WI

under the penalties of perjury this ;~. 0 I LI

} Kimberly A. Muir

., Atfiant \/·--· Kn:>wn fD Produced. _______________ .,.,



Case No.: FEC 13-.311

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to section I 06 . .25( 4)( c ), Flotida Statutes, undetsigned staff counsel files this written tecommendation for disposition of the complaint in this case recommending that there is no probable cause to chaige Respondent with violating Section 106.143(3), Florida Statutes, and there is prnbable cause to chatge Respondent with violating Section 106.143(6), Florida Statutes Based upon a thorough review of the Repott of Investigation submitted on April 29, 2014, the following facts and law support this staff tecommendation:

I On December 2, 2013, the Florida Elections Commission ("Commission") received a sworn complaint alleging that Damien Gilliains ("Respondent") violated Chapter I 06, Flotida Statutes ..

2.. Respondent was a candidate for Sebastian City Council during the 2013 election cycle and was defoated. Pteviously, Respondent tan for the saine seat on the city council <luting the 2010, 2011, and 2012 election cycles (ROI Exhibit 10, page 1)1

3.. By letter dated Match 4, 2014, the Executive Directot notified Respondent that Commission staff would investigate the following statutory provisions:

Section 106.14.3(3), Florida Statutes: Respondent, a call~idate for Sebastian City Council in November 2013, campaigned based on his party affiliation, even though the office for which he was running was nonpartisan

Section 106.143(6), Florida Statutes: Respondent, a candidate for Sebastian City Council in November 2013, posted signs without the word "for" between his name and the office for which he was running, although he was not an incumbent candidate ..

4 Complainant alleged that Respondent posted campaign signs at nine or more locations, all of which failed to include the word "for" between his name and the office for which he was running, and that Respondent campaigned based on political paity affiliation while running for a nonpartisan office More specifically, Complainant alleged that Respondent stated at an October 12, 2013 Candidates Forum that "Everyone knows I am a Republican."

1 Report oflnvestigation referred to herein as "ROI."

Staff Recommendation FEC 13-311 1

Section 106.14.3(3), Florida Statutes

5 In a March 14, 2014 sworn affidavit, !Iene Thompson testified that she attended the Candidates Fornm on October 12, 2013 and she heard Respondent state, "Everyone knows I am a Republican" dming his introductory speech (ROI Exhibit 1, page 2)

6 Pursuant to Section 106 . .143(3), Florida Statutes, "A candidate for non partisan office is prohibited from campaigning based on party affiliation .. " Respondent denied making the statement and explained that [he] was responding to an accusation made against [him] by Andrea Coy. (ROI Exhibit 10, page 2)

7. In a January 23, 2014 letter submitted to the Commission, Lanie Frnme explained that "All candidates were introduced and given the oppmtunity to address the DWC members and guests Mr Gilliams discussed his background and platform and answered questions from the audience At no time dming the meeting did he promote himself as a Republican or in any way suggest his patty affiliation was a factor in his candidacy " (ROI Exhibit 5)

8 Other than the statements referenced in paragraph five above, there are no facts in the complaint or suppotting documents which suggest that Respondent made a reference to his political party affiliation in order to garnet suppott for his campaign. Moreover, there are no facts which indicate that Respondent asked suppotters to vote for him or against his opponents based upon his ot his opponents' political party affiliation Because the lone statement, "Everybody knows I'm a Republican," does not advocate for the election m defeat of a candidate, it appeats that Respondent was not campaigning and he did not commit a violation of Section 106 143(3), Florida Statutes

Section 106.143(6), Florida Statutes

9.. In pertinent part, Section 106. 143(6), Florida Statutes states:

"No political advertisement of a candidate who is not an incumbent of the office for which the candidate is mnning shall use the word "re-elect " Additionally, such advertisement must include the word "for" between the candidate's name and the office for which the candidate is mnning, in order that incumbency is not implied

I 0 During Respondent's campaign, Respondent displayed political advertisements in nine or more different locations in the city of Sebastian that did not contain the wmd "for" between Respondent's name and the office sought (ROI Exhibit 8)

I 1 Respondent was not the incumbent candidate in the 2013 election and his campaign signs should have contained the word "for" between his name and the office for which he was tunning Instead, Respondent's campaign signs read as follows: ELECT THE

Staff Recommendation FEC 13~3 l l 2 --·-------1

PEOPLE'S DEFENDER! DAMIEN GILLIAMS SEBASTIAN CITY COUNCIL IF YOU SEE RED ABOUT SPENDING, TAXES AND JOBS! (ROI Exhibits 8 & 9)2

12 In Ms .. Thompson's affidavit, she testified that she observed Respondent's signs displayed prior to the election and the signs did not contain the word "for" between Respondent's name and the office for which he was running, and it appeared that Respondent had used the same signs that he had used during his 2011 campaign for city council (ROI Exhibit 1, page 1)

13 In Edeltraud K. Ostendorfs March 15, 2014 sworn affidavit, she, too, observed Respondent's political advertisements prior to election day and testified that Respondent's campaign signs did not contain the word "for" between his name and the office for which he was running Ms Ostendorf also testified that the signs she observed were the same signs used by Respondent during his previous (2011) campaign. (ROI Exhibit 2)

14.. Respondent submitted a response to the complaint on January 24, 2014 Respondent denied the allegations in the complaint and claimed that his campaign signs were repaired in the 2012 election Respondent also claimed that his campaign signs were vandalized and he enclosed a police report to substantiate his claim (ROI Exhibits 4 and 11)

15 The police report indicates that Respondent contacted the Sebastian Police Department on October 25, 2013 because he was concerned that someone was taking his city council signs down Respondent also reported that he put a camera in the tree and wanted an officer to be there when he took the camera down so that he could press charges There is no reference anywhere in the police report which indicates that Respondent reported his campaign signs were being vandalized (ROI Exhibit 11)

16 "Probable Cause" is defined as reasonable grounds of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person has committed the offense charged .. Schmitt v. State, 590 So 2d 404, 409 (Fla 1991). Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v. Favino, 667 So 2d 305, 309 (Fla 1" DCA 1995).

17. The facts set forth above shoVv that Respondent was a candidate for the Sebastian City Council during the 2013 election cycle.. During Respondent's campaign, Respondent distributed political advertisement signs that did not contain a proper disclaimer Respondent failed to use the word ''for" between his name and the office for which he was running when he was not the incumbent candidate

2 Notably, in FEC 11-273, Commission stat! investigated a complaint against Respondent regarding campaign signs that did not contain a proper disclaimer (ROI Exhibit 7)

Staff Recommendation FEC 13-3 l l 3 --- -----------~--- - - - --~~~-----~ -- -~ -------·-----------·-·---~--------~----··----

Based upon these facts and circumstances, I recommend that the Commission find no probable cause to chaige Respondent with violating Section 106..143(3), Florida Statutes, and that the Commission find probable cause to chaige Respondent with the following violation:

Count 1:

Dming the 2013 election cycle, Respondent violated Section 106 143(6), Florida Statutes, when he posted signs without the word "for" between his naine and the office for which he was running, although he was not the incumbent candidate

Respectfully submitted on June f 2-r/v

Jaakan A Williams Assistant General Counsel

I reviewed this Staff Recommendation th'

or

Staff Recommendation FEC 13~3 I l 4 -- --------- ----~

'2014

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION


Respondent: Damien Gilliams Counsel for Respondent: None

Complainant: Andrea B. Coy Counsel for Complainant: None

On December 2, 2013, the Florida Elections Commission received a sworn complaint alleging that Respondent violated Chapter 106, Florida Statutes Commission staff investigated whether the Respondent violated the following statutes:

Section 106 143(3), Florida Statutes, prohibiting a candidate from campaigning based on his party affiliation, even though the office for which he was running was nonpartisan; and

' Section 106143(6), Florida Statutes, failure of a candidate who is not the incumbent to include the word "for" in his political advertisement between his name and the office for which he is runmng

I. Preliminary Information:

1 Respondent was a candidate for the Sebastian City Council; he finished in fifth place in a field of five candidates running for one of the three seats available in the November 5, 2013 election Respondent was not a first-time candidate, he ran for the same seat on three previous occasions in 2010, 2011 and 2012 ..

2.. Complainant is a member of the Sebastian City Council; she was re-elected to office on November 5, 2013

IL Alleged Violation of Section 106.143(3), Florida Statutes:

3 I investigated whether Respondent violated this section of the election laws by campaigning based on his party affiliation, even though the office for which he was running was nonpartisan ..

4 Complainant alleged, "On October 12, 2013 at a Candidate's (sic) Forum in Vero Beach, Mr Gilliam's [Respondent] stated, 'Everyone knows I am a Republican ' Perhaps this statement is true because he makes sure to tell everyone."

5. Complainant did not provide a copy of Respondent's speech but she listed five witnesses I was unable to contact one of the witnesses, Ms .. Louise Kautenburg I sent affidavits to the remaining four; three of the four were returned Only one acknowledged attending the candidate forum

Inv002 (7/08) 1

(

6 Ms Irene Thompson returned a questionnaire affidavit that was sent to her in the mail She attested that she attended the candidate forum on October 12, 2013 She stated that she heard Respondent make the statement, "Everyone knows I am a Republican " She explained that Respondent made the statement when he was introducing himself. Io review Ms Thompson's affidavit, refer to Exhibit I

7 Two other witnesses, Ms Ostendorf and Mr Goodfellow, were contacted about this issue.. They stated they were not at the forum and did not hear Respondent's alleged comments To review Ms .. Ostendorfs affidavit, refer to Exhibit 2 To review Mr. Goodfellow's affidavit, refer to Exhibit 3.

8 Respondent denies making the statement "Everybody knows I am a Republican" at the candidate forum. He stated that he was "responding to an accusation made against me by Andrea Coy .This statement made by me was not campaign based and did not constitute campaign advertising .. " Respondent acknowledged that he has previously paid a fine for a possible violation of Section 106.143(3), Florida Statutes

9 In a written statement provided by Respondent, he denied all of the allegations in the complaint To review Respondent's written statement, refer to Exhibit 4 ..

I 0 Respondent also submitted a letter from Lanie Frame, Vice President/Program Chair, Democratic Women's Club of Indian River County Ms Frame's letter reads, "All candidates were introduced and given the opportunity to address the DWC members and guests Mr Gilliams [Respondent] discussed his background and platform ... At no time during the meeting did he promote himself as a Republican or in any way suggest his party affliation was a factor in his candidacy." To review Ms Frame's statement, refer to Exhibit 5

11 Ms Sally Maio, Sebastian City Clerk, served as the filing officer for Respondent's campaign. Ms .. Maio stated in the affidavit of filing officer that the race for city council was a non-partisan election To review the Affidavit of Filing Officer, refer to Exhibit 6

12. On May 15, 2012, Respondent entered into a pre-probable cause consent order on FEC 11-273. The consent order reads, "The Respondent neither admits or denies that he violated Sections 106.143(3) or 106 143(6), Florida Statutes Respondent agrees to conect the campaign signs to comply with Chapter 106, Florida Statutes, if used in a future election .. Respondent shall remit to the Commission a fine in the amount of $400 " To review the consent order and cashier's check, refer to Exhibit 7

III. Alleged Violation of Section 106.143(6), Florida Statutes:

13 I investigated whether Respondent violated this section of the election laws by not including the word "for" in his political advertisements between his name and the office he was seeking

14 According to Complainant, Respondent published yard signs that did not contain the word "for" between his name and the office he was seeking. She stated that the signs were placed at nine different locations throughout the city.

15. Complainant included a copy of the yard signs with the complaint The signs

lnv002 (7/08) 2

/ I I '

read, "ELECT THE PEOPLE'S DEFENDER! DAMIEN GlLLIAMS SEBASTIAN CITY COUNCIL " The signs have a white background and red letters.. Complainant stated that the signs looked like the signs Respondent used in 2011 To review copies of Respondent's 2013 signs, refer to Exhibit 8

16 On March 18, 2014, I received the questionnaire affidavit from Ms Edeltraud Ostendorf She acknowledged that she saw Respondent's signs about six to eight weeks before the election She attested that the signs did not contain the word "for" between Respondent's name and the office sought. She stated that the signs appeared to be the same signs Respondent used in the 2011 election. To review Ms Ostendorf's affidavit, refer to Exhibit 2 .. Io review Respondent's 2013 sign, refer to Exhibit 8 Io review the 2011 signs, refer to Exhibit 9

17 On March 19, 2014, I received the questionnaire affidavit from Ms Irene Thompson She stated that she observed Respondent's signs and the signs did not contain the word "for" between his name and the office he was seeking She stated that the signs appeared to be the same signs Respondent used in the 2011 election.. To review Ms Thompson's affidavit, refer to Exhibit I

18 On March 24, 2014, I received a questionnaire affidavit from Michael Goodfellow. Mr Goodfellow also stated that he observed Respondent's signs and that the signs did not contain the word "for" between his name and the office he was seeking He stated that the signs appeared to be the same signs Respondent used in the 2011 election To review Mr. Goodfellow's affidavit, refer to Exhibit 3

19 Respondent stated in a questionnaire affidavit that he used the signs from the 2011 election. He added that he placed small stickers on the large signs reflecting the word "for. 1

" He stated that he thinks all nine of his signs were vandalized and the word "for" was removed.. He stated that he filed a police report regarding the signs when he noticed the "for" was missing Io review Respondent's affidavit, refer to Exhibit I 0

20 Respondent provided a copy of a police report but it reads, "! 0/25/2013, calling party: Gilliams, Damien [Respondent].. concerned someone is taking his city council signs down. Caller states he put a camera in the tree and would like an officer to be there when he takes the camera down to press charges " To review the police report submitted by Respondent, refer to Exhibit 11

21 I called the Sebastian Police Department to request a copy of the report and was informed that there were no reports listed from Respondent I also called the Indian River Sheriffs Office to request a copy of Respondent's police report but the officer informed me that they did not have a record of Respondent's report with their office

22 On May 15, 2012, Respondent entered into a pre-prnbable cause consent order on FEC 11-273 The consent order reads, "The Respondent neither admits or denies that he violated Sections 106 143(3) or 106..143(6), Florida Statutes ... Respondent agrees to correct the campaign signs to comply with Chapter I 06, Florida Statutes, if used in a future election . Respondent

1 I reviewed Respondent's campaign reports posted on-line for the 2012 and 2013 elections The reports did not reflect an expenditure fOr stickers

Inv002 (7/08) 3

(

' shall remit to the Commission a fine in the amount of $400 " To review the consent order and cashier's check, refer to Exhibit 5 ..

IV. FEC History

23 Respondent has two p1io1 cases.. FEC 11-273, which was settled by a pre-probable cause consent 01der of $400, involved Sections 106 . .143(3) and 106.143(6), Flmida Statutes In FEC 04-085, probable cause was found for Sections 106 071(1) and 106 143(4)(b), F101ida Statutes Respondent was fined $1,800 The fine was paid oii January 28, 2005

24 Respondent was also the Complainant in F EC 05-141, which was settled by a minor violation consent order for a possible violation of Section I 06 143(1 )(a), F101ida Statutes

25 Complainant was also the Complainant in FEC 11-273. Complainant has been named as Respondent in three prior cases, FEC 08-065, FEC 07-065 and FEC 07-057 All three cases were deemed legally insufficient (Respondent did not file either of the complaints.}

Conclusion:

26 On April 28, 2014, I inte1viewed the Respondent by telephone I informed him of the procedures that would follow the completion of the Repo1t of Investigation. I info1med him of the issues addressed in the Repo1t of Investigation and asked if he had any final comments He stated that he did not use his party affiliation while campaigning He explained that Complainant spoke before him at the forum and mentioned that one of the candidates on the stage had been convicted of an Election Law violation He stated that his reference to his pa1ty was just to respond to Complainant's comment

27 Several hours afte1 completing the telephone interview, Respondent faxed two written statements The statements were from Richard Gillmor and Benjamin Hocke1, Jr.. Mr. Gillmo1's states that he did not observe Respondent promoting or adve1tising his party affiliation Mr Hocker stated that he obse1ved some of Respondent's campaign signs that had been vandalized To review the w1itten statements, refer to Exhibit 12.

28 Ms .. Maio, Sebastian City Cle1k, stated that Respondent is not a fiist-time candidate. Ms Maio stated that Respondent ran for city council in 2010, 2011, 2012 and 2013 She added that he was not successful.. She stated that the city council seats are all at-large and a1e two-year terms. She explained that the election cycle for the seats is staggered so all of the seats are never up for re-election at the same time.

29 Ms .. Maio also stated in a questionnaire affidavit that each candidate is given a copy of Chapter I 06, Florida Statutes as a part of their candidate packet. She stated that each candidate is given a supplemental infmmation sheet that refers them to the Division of Elections web site and informs the reader that the Candidate Handbook and the Compilation of Election Laws can be downloaded from the website The informational sheet also states, "If you are unable to access the internet, these publications can be printed and provided to you upon request." To refer the Affidavit of Filing Officer, refer to Exhibit 6 To review the information sheet, refer to Exhibit 13.

30 Respondent also acknowledged that he ran for Sebastian City Council in 2010,

Inv002 (7/08) 4

2011, 2012 and 2011. He attested that he ieceived and read a copy of Chapter 106, Florida Statutes and the Candidate Handbook. When asked what actions we1e taken to determine his responsibility under the Election Laws, he responded, "! reviewed the statute with my atty." When questioned dming a telephone interview about when he contacted the attorney, Respondent stated that he contacted the attorney dming a previous investigation and when he received the papetwork about the cmrent complaint To review Respondent's affidavit, refer to Exhibit 10

31 On Janua1y 31, 2013, Respondent signed a statement of candidate form, certifying that he had received access to read and understood the 1 equirements of Chapter 106, F lotida Statutes To review the statement of candidate fotm, refer to Exhibit 14

Respectfully submitted on April 29, 2014

lnv002 (7/08) 5

------------ ---- - --- --~---- --- - ---------

(

Current addiess of Respondent

Mr Damien Gilliams 713 Layport Drive Sebastian, Florida 32958

Current Address of Complainant:

The Honorable Andrea B Coy 501 Palm Avenue Sebastian, Florida 32958

Name and Address of Filing Officer:

Sally A Maio, MMC Sebastian City Clerk 122 5 Main Street Sebastian, Florida 32958

Copy furnished to:

Mr . David Flagg, Investigations Manager

Inv002 (7/08) 6

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Damien Gilliams -- FEC 13-311

· ~~1··. t"'.~r~~~ ·,+>.k/'r.ii .·· ···" ·. ·.· "'.''• . ; • . .. •· ..• ~lf ,.~,f ~{ rit t~''i'• . ,,~ ~~~bif!l:~m~ffes ~·; .. .. .. ; · ... .. · · · . Exhibits #s Description of Exhibits

Exhibit 1 Ms Thompson's Affidavit

Exhibit 2 Ms .. Ostendorfs Affidavit

Exhibit 3 Mr Goodfellow's Affidavit

Exhibit 4 Respondent's Written Statement

Exhibit 5 Ms .. Frame's Written Statement

Exhibit 6 Affidavit of Filing Officer

Exhibit 7 Consent Order and Cashie1's Check

Exhibit 8 Respondent's 2013 Signs

Exhibit 9 Respondent's 2011 Sign

Exhibit 10 Respondent's Affidavit

Exhibit 11 Police Report Submitted by Respondent

Exhibit 12 Written Statements from Mr Gillmor and Mr. Hocker

Exhibit 13 Informational Sheet

Exhibit 14 Statement of Candidate

Inv004 (5/08)

STATE OF FLORIDA County of Indian River

AFFIDAVIT Case Number FEC 13~311

Irene Thompson, being duly sworn, says:

1. This affidavit is made upon my personal knowledge

/ I .

2 I am of legal age and competent to testify to the matters stated herein. I am currently

employed by _ _,_!<_._·· r'--::-'-c'--'/_(2_( _;;r_o _____ as _________ _

3. Please provide a contact number.. 1 f 'J. • 3 \? g' · J ~ 3 J

4 Do you know Damien Gilliams? ()Q Yes ( ) No

5 If yes, how would you describe your relationship with Mr. Gilliams?

( ) Friend

( ) Family

( ) Business Associate

( ~ Other, please specify,

6 Did you observe Mr. Damien Gilliams campaign signs used for the November 5, 2013

election? (~Yes ( ) No 1

.

7 When did you observe the signs? (JU~ Ov {VlwrJ:l 1¥ ~fl\ • 8 Please describe the sign(s) y9u obs<;tve<t and provide a copy or picture of _the ad, if

possible _C ywcf'I' JJ.fi ~ ~ ff~.. 11 ft[<: .. { 711 L

f:: l/{1 s {) £ f / tJ 0 f(l, f f3i G. LtI fft,r<.5' .. 0 AM I;: 111 c; LLf'rN

µv{\-JM ~ ~ · .. s £(1i+s71 ri-rv c, - co u c i/ rw.] ""A ;A ;vvo.Ja .. ''Tv ~ o\J ~Sf£ firo /t61w'ft fEf.lot1Ju; (fl Es /INo::ro(J.f, 9 Did the sign( s) contain the word "for" between Mr Gilliams name and the office for

which he was rurming? ( ) Yes (}qNo

I 0. To your knowledge, were the signs you observed the same signs that Mr. Gilliams used

EXHIBIT ----~Inv~047 (6/08)

------ ··-·-------

I '

in his previous (2011) campaign? (~Yes ( ) No

1 L Did you attend a candidates' forum on October 12, 2013? ~Yes ( ) No

12 If so, did you hear M1 .. Gilliams state "Eve1yone knows I am a Republican?"

(~Yes

( ) No

13. Please desciibe the context that the statement was made

Thi

14.. To yom knowledge, did Mr. Gilliams publish any campaign litera!U!e indicating that he was a Republican? 1· (I 6 Al o7 /'<. tJou> · If so, please describe the literature you obse1ved and provide a copy 01 pic!U!e of the literatme ..

I HEREBY SWEAR OR AFFIRM !HAI !HE FOREGOING INFORMATION IS !RUE AND CORRECT IO !HE BES I OF MY KNOWLEDGE.

Signature of Affiant 1

Sworn to r a irmed) subscribed before me this J!f._ day of.

-=~· ~· ·~~:=?~,2::01==1(~ Sigfia,~;;~G --, Print, Type, or Stamp Commissioned Name of Notary Public

Case Investigator: MBW

'''''""''''' ,,,, ERIC ,,,,. ..._, •••••••••• l:>.J -~ ,, •• NO •• ~ '

' ··~. '/;,, ••• I":'\ ,, ... • ''!!- ................. , ~ :• Oo ·';L~ >".,,.

: (JJ : "''42 11)~ ' :. :-ti 4'o ~,8 ~-to· : ~

Personally Known ;. ?\ ~ .. ;() P~Oi;,~on _..,lV' __

-:, ~··~~~· .••I. ~, £"<'._ Typeofldentification~dn-~!~V~• (..{~ft e_. r<

,, ~ •••·••• t-- ' ,,,, J:'toR\0 ,,,,,

'''"""'''' EXHIBIT

Inv047 (6108)


AFFIDAVIT Case Number FEC 13-311

Edeltraud K. Ostendorf, being duly sworn, says:

l. This affidavit is made upon my personal knowledge ..

, I '

2 I am of legal age and competent to testify to the matters stated herein I am currently

';) -/ . .. employed by fie.~ 1 Red as---'/V-'-1-./_'/i ______ _

3 Please provide a contact number

4 Do you know Damien Gilliams? ~es ( ) No

5 If yes, how would you describe your relationship with Mr Gilliams?

( ) Friend

( ) Family 1~d (J<.?R.:>t>f) ~/ly ..... w.;Jfc)<: d ~Jm .;;Ji St've1Jt;7/ lh.,l).;; 1 /

( ) Business Associate f}J ! e ·f 1 '7/,-{ I/ i·,e R , -/1 c-· /,;;? .. 1 1 JO 7ca h;,S.

)<(other, please specify,+,.;;"' wed hnn irJ i>e•v.1('-Y f<::R.

6.. Did you observe Mr. Damien Gilliams campaign signs used for the November 5, 2013

election?)'<f Yes ( ) No

I. .. -f. ~le ;-1 c•l'J cl.-.D7· I

7 When did you observe the signs? ~6~--~~15~· -""-"'~· e_r~1'..£_'_-+f_7_R_• _c._R. __ 0 _____ _

8. Please describe the sign( s) you observed and provide a copy or picture of the ad, if ::I. Ruc:lc /I) -/l;e ("'"JR ""' /-~ /JrJdRe,,3 C0'j v.,;,//e:• SAc f,.,./( p;<f uf.?t . .C'

possible .. :f o/..fcRv'e.d lfem /.:'f<~IYI c-:J 'Z./tJ,5·e d,~11&!M1e fiu? .-r1j·1;,.s' &veJ-'t" yb"' l-''1!:,Je, (ii;9ybe Lj ,,. f./ f'i - 'v..:1 • fh j(. <f!,{ .god 'w/,, le leO-krvl~j· y

9 Did the sign(s) contain the word "for" between Mr .. Gilliams name and the office for

which he was running? ( ) Yes k{ No

10.. Io your knowledge, were the signs you observed the same signs that Mr Gilliams used

EXHIBIT -----Inv04'7·(6/0~)

' I

in his previous (2011) campaign? .)><[Yes ( ) No

11 Did you attend a candidates' forum on October 12, 2013? ( ) Yes ,9'4 No

12. If so, did you hear Mr. Gilliams state ."Everyone knows I am a Republican?"

( ) Yes

( ) No

13 Please describe the context that the statement was made

/\:1 f}

14.. To your knowled~e, did Mr. Gilli.ams publish any campaign literature indicating that. he was a Republican? /l/r:;f' fh/s I eas If so, please describe the literature you observed and provide a copy or picture of the literature

I HEREBY SWEAR OR AFFIRM !HAI THE FOREGOING INFORMAJION IS !RUE AND CORRECT TO THE BESI OF MY KNOWLEDGE.


EXHIBIT lnv04-7-(6/08}-----

_$/Jh-auaL ~;· a~Lo¥-Signature of Affiant

Sworn to (or affirmed) and subscribed before me this J!i.:f..b.iay of

1Vio r C I·, , 2o~i-1'-f--i,. ·, .c a , ,')·;-i-- j_e._.i: i·-"{r-

Signature of Notary P,6blic ~ State 1

lorida Print, lype, or Stamp Commissiori'.cd Name of Notary Public

Notary Publie State of Florida Carol A Goodfellow My Commission EE060511 Expires 04/0812015

Type of Identification Produced:----------


AFFIDAVIT Case Number FEC 13-311

Michael Goodfellow, being duly sworn, says:

1 This affidavit is made upon my personal knowledge.

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2 I am of legal age and competent to testify to the matters stated herein I am currently

''"'.A " ,..- ,,.,,..,,,,,1/-..b;,,.. 've;5~.A"~ employed by v,_,,.-' H-,...L• "'',.,.,. "''' -r- as 'BiZW~-rc;- ~Vl'-5 .,--~J4-lr0.Z,, ..

3. Please provide a contact numbe:r

4.. Do you know Damien Gilliams? ( :0 Yes ( ) No

5. If yes, how would you describe your relationship with Mr Gilliams?

( ) Friend

( ) Family

( ) Business Associate

6 Did you observe Mr Damien Gilliams campaign signs used for the November 5, 2013

election? ({5JYes ( ) No

7 When did you observe the signs? fl,'1' T ~ "f.Ja-iv~n(; ~f,;XZ ' ¥ e>-->t-> 5 0 ~ US I .'.J,.._, :5 6: SA.ST.~

8. Please describe the sign(s) you observed and provide a copy or picture of the ad, if

possible

9 Did the sign(s) contain the word "for" between Mr Gilliams name and the office for

which he was running? ( ) Yes 0No

10 To your knowledge, were the signs you observed the same signs that Mr .. Gilliams used

EXHIBIT -----Inv04'7-(6/081

in his previous (2011) campaign? (~Yes ( ) No

11 Did you attend a candidates' fomm on October 12, 2013? ( ) Yes (.?(No

12.. If so, did you hear Mr Gilliams state "Everyone knows I am a Republican?"

( ) Yes

0JNo

13 Please describe the context that the statement was made ..

14 To your knowledge, did Mr. Gilliams publish any campaign literature indicating that he was a Republican? VG) If so, please describe the literature you observed and provide a copy or picture of the literature

I HEREBY SWEAR OR AFFIRM THAI THE FOREGOING INFORMAIION IS TRUE AND CORRECT TO

THE BEST OF MY KNOWLEDGE.

Sworn to (or affirmed) and subscribed befbre me this~ day of

State of Florida

missioned Name of Notary Public

+o"'"~~.~~s"'" J. HARDING EVANS

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;;L !\: #~23,2014 ir: ;:A:tlfu: Florida Electi ns Commission ~t:: tr: ;!R~: Dan1ien Gillian

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'}Piroien Gillian1s, a a candidate for a non-partisan seat C•n the /~~astian Cicy Cou cil, was invited by me to speak at the Oc: 12, 2013 :;~t\\¢eting of the Dem cratic Women's Club (DWC) of Indian Rh•!r County .. \;;~< Gilliatns accep d my invitation, as did other candidates ,:·LlI1niug for :.Ml;lts on either the ebastian or Vero Beach City Councils.

,;~~:le meeting wash ld froxn 11:30 a.m. until 2 p .. n1 .. at Dodger1own in i)V\#·o Beach All c didates were introduced and given the opportunity to ;;.fu..#1ress the DWC t ei:nbex·s and guests. Mr. G_illiarr;s dis?usH~d ?is c!b~ckground and pl tform and answered questiops from the ~ ud1ence. At (:J:19· tin1e during the eeting did he promote himself as a Repu Jlican or in :ifa..~y way suggest hi party affiliation was a factor in his cand'.dacy. ·

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\\vkce President/P.ro ram Chair ~Jtj~mocratic W on1e 's Club of Indian River County : ;,iq~mLunch@aoLco :~f: t).: ':~ ti

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HOME OF PELICAN ISLAND

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1225 Main Street Sebastian, Florida 32958

ZOI~ MAR ! ·-i ,6, llf. 5 l

I, Sally A Maio, MMC, have enclosed Affidavit of Filing Officer Case No: FEC 13-311 in regard to Damien Gilliams and do hereby certify that the attached documents are true and correct copies of:

1) Statement of Candidate form from 2013

2) Appointment of Treasurers and Designation of Campaign Depository form for 2013

3) Statement of Financial Interest (Form 1) for 2013

4) The City of Sebastian Candidate Handbook for 2013 provided to Mr .. Gilliams .. I do not track the date that City Candidate Handbooks are requested in person or downloaded from the City website, only when an individual files qualifying papers does date tracking begin .. The handbook contains Chapter 106 FS 2012, references and links to the State handbooks and Election laws (which includes 104) and how to obtain them or request a copy, and the calendar of election dates as you requested.

5) Seven letters sent to Mr .. Gilliams as courtesy reminders of reports due dated March 27, 2013, June 25, 2013, September 9, 2013, September 23, 2013, October 8, 2013, and October 23, 2013 ..

I do not provide FS 104, but advise candidates within the City Handbook to become familiar with Florida election laws and provide them with a link to FL Election laws ..

I also provide a reference to the State of Florida Candidate and Campaign Treasurer Handbook website link and offer to provide a copy if they have no access to a computer.

No one on my staff recalls any discussions with Mr .. Gilliams in regard to FS 104, 105 017 or 106

d sealed this the 11th day of March, 2014 .. «n-,..-Sally A Ma· City Clerk City of Sebastian

EXHIBIT

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AFFIDAVIT OF FILING OFFICER Case Number: FEC 13-311

1 Please provide ceitified copies of the listed items from the following candidate's campaign file: Damien Gilliams ..

Check ITEM

x The Statement of Candidate form for 2013.

x Appointments of I reasurers and Designation of Campaign Depository form for 2013

x Statements of financial interest (Form 1 and Form 6) for 2013

2. Please check each item provided to the candidate or his or her staff, and list the date that the item was provided (If the item is published by the Division of Elections, it is unnecessary to provide a copy of the item. If your· office published the item, please send a copy of the item with this affidavit.)

Check ITEM ,,,;__ •

DATE.

/ Chapter 106, Florida Statutes ( ~l AA.. ~4:b-f u..dz4) ~3/,UJt3 Chapter 104, Florida Statutes ( f!M7 M tJ~f,;,J:. to~ ·- ~ ·-:,

' .,/ Candidate Handbook Please indicate Year citJ/3

' ~3/,2013' Political ad and disclaimer supplement ( W41ii:<J «;-t.f;~ '"";. ';':''/)_ · ,_

./ Calendar of Election dates (u:du/.,.d µ..: l'tf;;!;e;;l.,;:t,_ ~)

Any other election related document, Please in<!icate the tjtle of the related document: fl. &mm. oYL 61-1"" (..,.,, 1'1 (!i ""4--

~-11. .? // 20/.3

3. Please list all other written materials provided to the candidate or his or her staff, the date of receipt, and a brief description of the written materials Did you notify the candidate that the campaign handbook was available on the Division of Elections website?

4 Please list all training seminars that were attended by the candidate, along with the date of attendance If a staff member attended for the candidate, list his name and position If available, please attach a copy of any attendance sheets from the seminar(s)

Jnv044 (5/08) !EXHIBIT le f4yc ;< ~ 'i

-- . -·---~· ___ _1._ __________________________ . ___ ···----------

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5 Please list the subjects covered during these seminars If available, please provide a copy of the syllabus and outline fo1 the seminai .

7 Did you observe any of Mr Gilliams campaign signs during the election? ( ) Yes ( .,){~ No If so, did the campaign signs contain the wo1d "for" between the candidate's name and the office sought?

8. Was Mr Gilliams involved m a paitisan or non-paitisan election?

EXHIBIT ----~w:;_O_H__(S/08) _____ _ 2 __ _

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9. /'Did your office receive any complaints about Mr Gilliams' campaign signs? ( ) Yes (,,1No Ifso, please describe the nature of the complaint(s)?

10 Please list each year the candidate rat\ for office, the office the candidate ran for, the dates of the elections, and the results of the elections ..

;Jo J 0 c2 O I I c;.Jt) 12- ;}._,()I 3

I SWEAR OR AFFIRM !HAI IHE INFORMAIION CONJAINED IN !HIS DOCUMENI IS COMPLETE

AND ACCURAIE JO IHE BES! OF MY KNOWLEDGE.

EXHIBIT

/.···)/}IA ,.rui;b UJJ1u,~¥VW . Sigr)ff:eorNotary Public- State ofF!orida

Print, Iype, or Stamp Commissioned Name of Notary Public

.• r;w,.-•·. JEANETTE WILLIAMS ;:ijJ, ,.~ Commission # EE 038067 l ' ;~j Expires February 28, 2015 1 ' P. ~l 8ondedThNTroyFa!nlnsmaneeB00<385-7010 '.

Personally Known V or Produced Identification __ _


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Case No.: FEC 11-273 F.O. No.: 12-065W

CONSENT ORDER

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The Respondent, Damien Gilliams, and the Florida Elections Commission (Commission)

agree that this Consent Orde1 resolves all of the issues between the pruties in this case !he

pruties jointly stipulate to the following facts, conclusions of law, and order

FINDINGS OF FACT

1 The Respondent is Damien Gilliams, a candidate fo1 the SebastiaIJ City Council

in the 2011 election

2 On or about November 22, 2011, the Commission received a sworn complaint

alleging that the Respondent included his party affiliation in a non·prutisan 1ace in a political

disclaime1;-aIJd-that-the·Resp0ndent-included-an-imp1ope1-disclaimeLon.caropaign..signs_ .. ------·----··--

3 No other legally sufficient violation of Chapters 104 01 106, Flo1ida Statutes, was

alleged in the complaint

4 The Respondent against whom the complaint was filed has not been notified of

an allegation of the same violation before the conduct about which the complaint was filed

CONCLUSIONS OFI,AW

5 The Commission has juiisdiction ove1 the pa1ties to and subject matte! of this

cause, pu1suant to Section JO~ 26, Florida Statutes

6 The Respondent neither admits nor denies that he violated Sections 106.143(3) or

106 143(6), Floiida Statutes

EXHIBIT 'l eo~s;: I ~ lf .··---------------·------· .. -·-·--·--·-·~:··-·«•··-·----··-·---·······-·------·;:·..;._ .. __ _: __ ::__, __ ~------·-·-···-··-·-----------------.. -----·--·--·-·

c 0 006 (10/08)

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ORDER

7 The Respondent and the staff of the Commission have entered into this Consent

Order voluntarily and upon advice of counsel

8 The Respondent shall pay his own attorney fees and costs that are in anyway

associated with this case

9 The Respondent understands that before the (',onsent Order is final agency action,

it is must be approved by the Commission The Commission will conside1 the Consent Ordex at

its May 2012 meeting

10. The Respondent voluntaiily waives the right to any fuxther proceedings undex

Chapters 106 and 120, Floxida Statutes, and the light to appeal the Consent Ordex

11 The Respondent will caiefully review Chapte1 106, Florida Statutes, and the

Electioneering Communication Organization Handbook published by the Division of Elections,

and avoid any future violation of the chapte1

12.. 1he Respondent agrees to conect the campaign signs to comply with Chapter

----- -----106, Floxida Statutes, ff used-ma filtureelecfioii _________________ _ ------------- -

13 If the Commission does not xeceive the signed Consent Orde1 and the fine

within 20 days of the date Respondent receives this Consent Order, the staff withdraws this offei

of settlement and will proceed with an investigation of the allegations in the complaint

14 The Respondent shall remit to the Commission a fine in the amount of $400 by

cashie1 's check 01 attorney trust account check 1he fine shall be paid to the Flo1ida Elections

Commission, 107 W. Gaines Street, Collins Building, Room 224, I allahassee, Flo1ida, 32399-

1050

Ihe Respondent hereby agrees and consents to the teims of this Consent Oxder on

10108

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The Commission staff hereby agrees and consents to the terms of this Consent Orde1 on

N\w.JA, ' '.> 201 '1..---·-·--·--"' ··-·-.. ----·-··--·--' --·

~t-.. :--Eiic M·11p-m:an.~ Geneiaf cou.nse1--···· ·-··--·-·· · Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399· l 050

Approved by the Florida Elections Commission at its regularly scheduled meeting held

on May 8 & 9, 2012, in Tallahassee, Flo1ida

Copies furnished to:

Elie M Lipman, General Counsel Damien Gilliams, Respondent

EXHIBIT

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AFFIDAVIT OF BACKGROUND INFORMATIQN. Case Number: FEC 13-311 l;<ECEIVEO


Damien Gilliams, being duly sworn, says:

I This affidavit is made upon my personal knowledge.

ZOJ4 APR 15 A .CJ: Sb

, STATE OF FlORllJJA ELECTIONS COMMISS/1).N

2 I am of ~:,~ ~e ai;.~ competent :o .. testify to the matterlftated here~~ I am currently

employed by SeLt: ef'U p/e-~._j[, as Ut-41..407/Z_

3 Have you ever run for public office? If so, please name the office(s) you ran for and the date(s) of the election(sJ you ran in

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4.. Have you ever been appointed to act as a campaign treasurer for a candidate? If so, please name the candidate(s) you served as treasurer, the office(s) the candidate ran for, and the dates of the election(s)

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5 Have you ever held the office of chairperson, treasurer, board member, or other similar· position for a political committee? If so, please list the names and addresses of the committees and dates when you held the position.

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6.. Have you ever held the office of chairperson, treasurer, board member, or other similar· position for an electioneering communication organization? If so, please list the name and addresses of the committees and dates when you held the position.

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EXHIBIT ID f2<'6?:-{ ~'-I -----In.v040.(6108J--- ·--~-------}

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7 Have you ever prepared or signed a campaign treasurer's report? If so, please list the name of the candidate or committee whose report you prepared or signed ..

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8 What action have you taken to determine yom responsibilities under Florida's election laws?

9 Do you possess a copy of Chapter 106, Florida Statutes? [1Yes D No

JO If so, when did you first obtain it? itiletf ;c /< ·) ~ ) . f··· t .. ;./

11 Have you read Chapter 106, Florida Statutes? BY es 0No

12 Do you possess a copy of Chapter 104, Florida Statutes? 0--Yes ['.:'(No ~{P .. l r·· ~ ·1 -:-e·

13 If so, when did you first obtain it? fie r s,~ ~ -{ 14 Have you read Chapter 104, Florida Statutes? D Yes D No /I>< 1' Sv ,.,,.

15 Do you possess a copy of the Handbook for Candidates? [~(Yes D No

16 If so, when did you first obtain it?

17 Have you read the Handbookfor Candidates? ITYes D No

18. List any additional materials you received from the Supervisor of Elections

___ In.v_ooi_o_(6&8J --- '2-

20. Did you make any other reforences to your party affiliation during the candidate forum on October 12, 2013? ;V"' If so, give a desc1iption of the statement that was made and a brief explanation of why the statement was made

------------------···----·---------------21 Did you publish any campaign lite:rature that contained your party affiliation? ;JI:' If so, please provide a copy of the campaign literature and please explain why the literature contained your party affiliation. ·

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EXHIBIT

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I HEREBY SWEAR OR AFFIRM IHAI IHE FOREGOING INFORMATION rs··rRuE AND CORRECI TO _,,,,, .

IHEBESI OF MY KNOWLEDGE. (' .. £\. /. ..--··,7;'.f;~~---

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t~:' 'f~ Commission# EE 080144 W i~l Expires June 3, 2015 ~-·~f,f.~~ Booded Thru Troy Fain lnsuraneo800-38&-7019

Case InvestigatoJ: MBW

Signature of Affiant ~--_,..

Sworn to (or affinned) and subscribed before me this \ ~ day of

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~&-"1!.J.l"' Print, I'ype, or Stamp coni~_ssioned Nam fNotary Public \"' - >t'lvt~h

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Personally Known _V ___ or Produced Identification ___ _

Type of Identification Produced:-----------

EXHIBIT .112 f4::f' :'f tJ y

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ebastian Police Department Cal, Numbe% Printed; Ol/09/201<

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Action

Call ~~i~~r: 1677 - Colem n, Koleigh Call Clo~~1py: 1466 - Patteson, Joann 10/25/2013 1605

Coll Modif~~? 18y: 1466 - Patteson, Joann Location/Ad~~,'f~S: [SEB 77] VIC S PIZZA l.l38 OS HIGHWAY l - 1109 :tNDIAN RIVEi:. DR

Priorj,ty

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Porty Ente"'.<i!~ i!>y: 10/25/20J.3 l 39 1677 ... Cole.man, Koleigh Calling '.l::•~j:y: GILLIANS, D IEN @ ···UNKNOWN* .. - SEBASTIAN, EL 32958 ));~ .. 713 ... 50 71

':;t !:fD: 1631 - Daley Shawn :-:; I': Disp-15:<6:2 Di~patc~~.WY: 1466 - Patte

A•riv'i@):6y: 1466 - Patte Clear~~;i>y: 1466 - Patte

Nan·a'.t:;,IJ'e: 10/25/2013 1 Modif~\\,\:i: jjly: 10/25/20:1.3 1

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son, Joann $on, Joann son, Joann

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e is taking his city council signs do~n put a camera i.p the t:r.:ee ar~d would like an

et·e when he takia~ the cam.er~ down to pre:'.:!:=; 'ns will call ba.cJ<: when he has ar.t:-ived .. l~\ .• ii,; ~;!~~=~ -t~t~e 1~

Nat·r·~~~~;e: 10/2.5/2013 1 48 Col""""1, Rb.l. .. ;.9h ·., lJ brown mQrc. par ed in the grass on the riverside has :::·'. !'j. "emergency l:i.gb. s" on

Nan~~i~io: 10/25/201$ :t. 12 Dl:ll<1y, Sh11wn · .t~ ~r Upon my a:rrival D<}.ml.en Gilliam wanted me to observe hi1n tc;.ke :, ;l: I a hidden c:ame:r.:a out of a t:x: ea , He was goin9' to view "the · '.!· · : video and dete · ne if a er ime hlld occur.t: ed and then repo:i: t: ·.!~' · it to law enfor ement at that time, no fu:i:thez actions wet·~!

taken by thi.s o ficer

EXHIBIT_..!....! ::_I __ _

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o~t:~~~EC Conse t Order Case No: FEC 11-273, F.O. No: 12-065 ii dated 5/8/1 :2. P.llr~:~ 1 - ''The Respond nt will carefully review Chapter 106, Florida Sb1tues, and the 15Jtt.4fioneering Commu 'cation Organization Handbook published by th ~ Division of £;:~4ions, and avoid an future violation of the chapter (see encl 2). I: ~!1 • And ·l l'

f'F:<il12 - "The Respond nt agrees to correct the ~ampalgn signs to cc mply with ~~er 106, Florida S Utes, if used in a future election .. "

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O~~usly no correction have been made to his posted signs sinc~i 20 I 1 (see pictun:s etjpH~). ,,( h

Ci~·: .. i~~:~~~lorlda Stat te Chapter 106.143(3).. "A candidate for nmipH rtisan Office is p':: wbited from campai ning based on paity affiliation .. " <i'. qptober 12, 2013 at Candidate's Forum in Vero Beach, Mr. Gilliam's stated, . • . · e,tyone knows I am a epublican." Perhaps thiS statement is trt>e bE i;ause he makes swelio tell everyone .. In 011 Mr. Gilliam's was cited and fined for piublis.hing 2 a9r~tpsements with his artisan status.

Al!$ii;i>f witness names, ddresses, and phone numbers is provided .. Pl,~ase feel free to c~'lte at (772) 38&·096 should yol:l have any questions ..

·r~~ you for ~ur con~i eration,

tldl~ {., ,,/ ,(ifJ~a ~-- Co~ sq~ ~jOllm Avenue si1~~tian, Fl. 32958

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4-28-2014 12,59PM ~ROM I

, .. Ji AFFIDAVIT

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Information in This Handbook is Supplemental to 'state of Florida Election Laws

We have provided the following publications in the handbook:

• 2012Chapter106 Florida Statutes • Florida Commission On Ethics "Guide To The Sunshine Amendment And Code

Of Ethics For Public Officers And Employees" Brochure

Other Florida Division of Elections publication links listed below can be downloaded from the Internet:

2011/2012 Florida Division of Elections Candidate and Campaign Treasurer Handbook (use this as a guide but please use the dates provided by the City)

http://election.dos.state.fl.us/publications/pdf/2011/2012 Candidate and Campaign Tr easurer%20Handbook.pdf

Compilation of Election Laws

http://election.dos.state.fl.us/publications/pdf/2012/2012 Election Laws.pdf

If you are unable to access the internet, these publications can be printed and provided to you upon request

···PLEASE FAMILIARIZE YOURSELVES WITH FLORIDA STATUTES··· THESE PUBLICATIONS ARE PROVIDED FOR GENERAL ELECTION LAW INFORMATION

For Further Information Contact:

Sally A Maio, MMC City Clerk City Of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 388-8214 [email protected]

EXHIBIT ,~1 ...... .3 ...... __ _ -------------------------

/ I '·

STATEMENT OF CANDIDATE

(Section 106 .. 023, F .. S.)

(Please print or type)

OFFICE USE ONLY

I, \) *""' ,:......_ (,,_ 'l \ ' "'"~ -------------------- '

)';;:~ ... s"'*"' c:. ~ {'""'"" c '-candidate for the office of -----·--------------- '

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes ..

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\ t·3'·'' Signature ~:Wtandidate Date

Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed.. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss .. 106 .. 19(1)(c), 106 .. 265(1), Florida Statutes).

DS-DE 84 (05/11)

EXHIBIT .-l,__1i_, __ #/

107 W. Gaines Street, Suite 224 Collins Building

Tallahassee, Florida 32399-1050 Telephone: (850) 922-4539

Fax: (850) 921-0783

March 4, 2014

CERTIFIED MAIL 7005 1820 0007 9805 4817

Damien Gilliams 713 Laypo1t D1ive Sebastian, FL 32958

RE: Case No.: FEC 1.3-311; Respondent: Damien Gilliams

Deai M1 Gilliams:

On Decembe1 2, 2013, the Floiida Elections Commission 1eceived a complaint alleging that you violated Flo1ida's election laws I have 1eviewed the complaint and find that it contains one 01 more legally sufficient allegations.. The Commission staff will investigate the following alleged violations:

Section 106.143(3), Florida Statutes: Respondent, a candidate for Sebastian City Council in November 2013, campaigned based on his paity affiliation, even though the office for which he was rnnning was nonpartisan

Section 106.143(6), Florida Statutes: Respondent, a candidate for Sebastian City Council in November 2013, posted signs without the word "for" between his name and the office fo1 which he was rnnning, although he was not an incumbent candidate.

You may 1espond to the allegations above by filing a notarized statement providing any info1mation regarding the facts and ciicumstances sunounding the allegations If you choose to file a 1esponse to the alleged violations, you should do so within 20 days of the date you receive this lette1 Your response will be included as an attachment to the investigator's 1eport

When we conclude the investigation, you will receive a copy of the Report of Investigation You may file a response to the report within 14 days from the date the repott is mailed to you Based on the results of the investigation, legal staff will make a written recommendation to the Commission on whether there is prnbable cause to believe you have violated Chapter 104 or 106, Florida Statutes You will receive a copy of the Staff Recommendation and may file a 1esponse

ComOI I (10/07)

within 14 days from the date the recommendation is mailed to you. Your timely filed response(s) will be considered by the Commission when determining probable cause

The Commission will then hold a hearing to determine whether there is p1obable cause to believe you have violated Chapters 104 or 106, Florida Statutes You and the complainant will receive a notice of hearing at least 14 days before the hearing. The notice of hearing will indicate the location, date, and time of yom hearing. You will have the oppo1tunity to make a brief mal statement to the Commission, but you will not be pe1mitted to testify or call others to testify, 01 introduce any documentary 01 other evidence

At any time befo1e a probable cause finding, you may notify us in writing that you want to ente1 into negotiations di1ected towards reaching a settlement via consent agreement

The Report of Investigation, Staff Recommendation, and Notice of Hearing will be mailed to the same add!ess as this letter. Therefore, if yom addiess changes, you must notify the investigato1 assigned to this case of yom new address Otherwise, you may not receive the conespondence from the staff Failme to receive the documents will not delay the probable cause hearing ..

Under section 106 25, Florida Statutes, complaints, Commission investigations, investigative repmts, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, are confidential until the Commission finds prnbable cause or no probable cause.. The confidentiality prnvision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in wiiting The confidentiality prnvision does not preclude you f10m seeking legal counsel. Howeve1, if you letain counsel, yom attorney must file a notice of appearance with the Commission befo1e any member of the Commission staff can discuss this case with him or her.

If you have any questions or need additional information, please contact Margie Wade, the investigator assigned to this case

Since'.ely, u} I . "~~:r~~~l_ __ _ Amy McKeev !'Toman Executive Dir tm

AMI/em

____ C=o=m=O~I l. ~---·-·--····-·······-······-·· ···-······-··········-········ ················-- ··-···--·--·····-···-······-····----

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.-


I 07 West Gaines Street, Suite 224, I allahassee, Florida 32399-1050 Telephone Number: (850) 922-4539

www.fec.state.fl.us CONFIDENTIAL COMPLAINT FORM

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The Commission's 1~ords and proceedings in a case are confidential until the Commission rules on probabt~· · , ·f cause .. A copy of the complaint will be prnvided to the person against whom the complaint is brnnght.

1 .. PERSON BRINGING COMPLAINT:

Name: Andrea B .. Coy

Address: 501 Palm Avenue

work Phone: ( 772) 388-0961

Home Phone: ( 772) 388-0961

City: Sebastian . County:. Indian River State: FL Zip Code: 32_9_5_8 ___ _

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political pruty, electioneering communication organization, club, corporation, prutnership, company, association, or any other type of organization. If both an individual and a committee or organization are involved, nrune both ..

Name of individual: Damien Gilliams ·------------------------~

Address: 713 Layport Drive ·--- Phone: ( 772) 713-5071

City: Sebastian__ County: Indian River State: _F_L __ Zip Code: _3_2_9_5_8 __ _

If individual is a candidate, list the office or position sought: Sebastian City Council Member

Name of committee or organization: _N_IA ____________________ _

Address: --------· Phone: L_J ____ _

City:------- County:. State: --- Zip Code:

Have you filed this complaint with the State Attorney's Office? (check one) D Yes l&J No

3 .. ALLEGED VIOLATION(S):

Please list the prnvisions of I he Florida Election Code that you believe the person named above may have violated The Commission has jurisdiction only to investigation the following provisions: Chapter 104, Chapter· 106, Section 98 . .122, and Section 105 .. 071, Florida Statutes. Also, please include:

,/ The facts and actions that you believe suppo1t the violations you allege, ,/ The names and telephone numbers ofpe1sons you believe may be witnesses to the facts, ,/ A copy or picture of the political advertisements you mention in your statemen~ ,/ A copy of the documents you mention in your statement, and ,/ Other evidence that supports your allegations ..

See Attached letter

Multiple violations of Chapter 106 Florida Statutes and previous FEC consent agreement

FEC 002 (Rev 4-24-05)

-·------··-·· -------

4. OATH

STATE OF FLORIDA COUNTY OF INDIAN RIVER

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Additional materials attached (check one)? ~Yes 0No

~~~~~~~~~~~-

I swear or affirm, that the above information is trne and conect to the best of my knowledge.

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Sworn to and subscribed before me this J, 3 Ct) day of

f\{o.vember . 20 1 3

R~ P~ Notary Public State of Florida • \,A . Carol A Goodfellow ~~~~I My Commission eeoeos11

II). 0 , $\.off- Expires 04/08/2015

(Print. Type, or Stamp Commissioned Name of Notary Public)

Personally known_ ~-Or Produced Identification __ _

Type of Identification Produced _________ _

Any person who files a complaint while knowing that the allegations are false or without merit commits a misdemeanor of the first degree, punishable as provided in Sections 775 .. 082 and 775 .. 083, Florida Statutes

FEC 002 (Rev 4-24-05) 0000::.;z

·--- ·---------------

Complaint Against Damien Gilliams

For Violation of Florida Statute Chapter 106

November 23, 2013

Complainant Andrea B. Coy City Council Member City of Sebastian 501 Palm Avenue Sebastian, Florida 32958 (772) 388-0961 home phone

Respondent Damien Gilliams 2013 Registered Candidate City of Sebastian City Council Elections 713 Layport Drive Sebastian, Florida 32958 (772) 589-2628

Dear Sir or Madam,

I am writing to formally complain about Mr .. Damien Gilliams' continued violations of Chapter 106, Florida Election Statutes .. I feel his willful and continued disregard of Florida election law is an embarrassment to our State and the City of Sebastian ..

Once again it should be noted that Mr. Gilliams is not new to the political arena and has an established history of election law violations .. In 2004, he was ordered to remit a civil penalty in the amount of $1,800 to the Florida Elections Commission (see encl 1 ) .. It should be noted that Mr .. Gilliams was not a candidate for election at that time. In 2011 he was fined $400 in a consent agreement with the Florida Elections Commission (see encl 2) .. Mr .. Gilliams was a candidate for City Council in 2011.

The 2013 election cycle was Mr .. Gil Iiams fourth attempt to be elected to City Council. He was provided a copy of Chapter 106, Florida Statutes and signed a statement that he read and understood the requirements (see encl 3) .. Again, this is the fourth time he has signed the Statement of Candidate form OS-DE 84 (05/11) certifying that he has read and understands the rules ..

Allegation #1 Violation of FL Statute 106 .. 143(6) - " Additionally, such advertisement must include the word ''for" between the candidate's name and the office for which the candidate is running, in order that incumbency is not implied .. " Mr. Gilliams was not and never has been an incumbent and none of his signs included the word ''for." Mr. Gilliams used the very same 4'X4' signs in at least 9 locations that he was fined for in 2011 (see pictures and locations at encl 4) .. Some smaller signs appeared in several yards and were handheld by individuals at all four polling stations on election day (encl 4) ..

Page 1 of3

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Allegation #2 Violation of FEC Consent Order Case No: FEC 11-273, F .. 0. No: 12··065W dated 5/8/12 .. Para 11 - "The Respondent will carefully review Chapter 106, Florida Statues, and the Electioneering Communication Organization Handbook published by the Division of Elections, and avoid any future violation of the chapter (see encl 2) ..

And Para 12 - "The Respondent agrees to correct the campaign signs to comply with Chapter 106, Florida Statutes, if used in a future election."

Obviously no corrections have been made to his posted signs since 2011 (see pictures encl4) ..

Allegation #3 Violation of Florida Statute Chapter 106 .. 143(3). "A candidate for nonpartisan office is prohibited from campaigning based on party affiliation .. " On October 12, 2013 at a Candidate's Forum in Vero Beach, Mr .. Gilliam's stated, "Everyone knows I am a Republican.." Perhaps this statement is true because he makes sure to tell everyone. In 2011 Mr. Gilliam's was cited and fined for publishing 2 advertisements with his partisan status ..

A list of witness names, addresses, and phone numbers is provided. Please feel free to call me at (772) 388-0961 should you have any questions ..

Thank you for your consideration,

4-A6~/' Andrea B .. C~~ 501 Palm Avenue Sebastian, FL 32958

Page 2of3 0000(4:

Witness List

1) Michael Goodfellow - Allegation 1 and 2 1061 West Lakeview Drive Sebastian, FL 32958

2) Louise Kautenburg -· Allegation 1 and 2 (772) 589-8823

(772) 713-7350

3) Edeltraud K .. Ostendorf·- Allegation 1 and 2 501 Palm Avenue Sebastian, FL 32958 (772) 388-0961

4) Liseanne Robinson -Allegation 1 and 2 1125 U.S .. Hwy #1 Sebastian, FL 32958 (772) 581-2626

5) Irene Thompson ·-Allegation 1, 2, and 3 1531 Spinnaker Lane Sebastian, FL 32958 (772) 388-3821

Page 3of3

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STATE OF FLORIDA 04 DEC -3 Ml 10: 45

FLORIDA ELECTIONS COMMISSION :o itE. C; t:.~ R!D~\ ELEC"ilOt:S CCf fi~!SS!Ol·~

FLORIDA ELECTIONS COMMISSION, .. PETIIIONER,

v. AGENCY CASE No.: FEC 04-085 F .. O. No.: DOSFEC 04-217 W

DAMIEN GILLIAMS, RESPONDENT.

·--·-···-·--·--··---·----·--_)

FINAL ORDER

THIS CAUSE came on to be heard at an informal hearing held before the Flotida

Elections Commission (Commission) on November 17, 2004, in Tallahassee, Flmida

APPEARANCES

For Commission Charles A Finkel General Counsel 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399 1050

For Respondent Damien Gilliams 1623 US Highway I, Suite A-6 Sebastian, Flo1ida 32958

STATEMENT OF THE ISSUE

Whether the Respondent violated Section 106.071(1), Florida Statutes, when Respondent

failed to file a timely report after making an independent expenditure of $100 or more, when he

failed to include the proper disclaimer in a political advertisement paid for by an independent

expenditure; and Section 106J43(4)(b), Florida Statutes, when he submitted a political

adveitisement to the media for distribution and failed to provide the media a written statement

that no candidate approved of the advertisement, and when he submitted a political

Faa004 (8103) 0000~:6

(

advertisement to the media for distribution and failed to state on the advertisement that no

candidate approved of the advertisement

PRELIMINARY STATEMENT

On March 11, 2004, the Commission received a swom complaint alleging violations of

Florida's election laws.. The staff of the Commission conducted an investigation to determine

whether the facts alleged in the complaint constituted probable cause to believe that the

Respondent violated The Florida Election Code ..

On July 29, 2004, the staff diafted a Statement of Findings recommending to the

Commission that there was probable cause to believe that The Flodda Election Code was

violated .. On August 27, 2004, the Commission entered an Order of Pxobable Cause finding that

there was probable cause to charge the Respondent with the following violations:

Faa004 (7/04)

Count 1:

On March 5, 2004, Respondent violated Section 106.071(1), Florida Statutes, by failing to file timely a report after making an independent expenditure of $100 or more, when he published four political advertisements in the newspaper at a cost of $311 78, and he purchased eight signs at a cost of$80.

Count2:

On Mar·ch 5, 2004, Respondent violated Section 106071(1), Flodda Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published the advertisement depicted in paragraph 5 of the Statement of Findings ..

Count3:

On Mar·ch 6, 2004, Respondent violated Section 106 071(1), Florida Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published the advertisement depicted in paragr·aph 6 of the Statement of Findings ..

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Faa004 (7/04)

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On March 7, 2004, Respondent violated Section 106.071(1), Florida Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published the advertisement depicted in paragraph 7 of the Statement of Findings ..

Counts:

On March 8, 2004, Respondent violated Section 106.071(1), Florida Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published the adveitisement depicted in paragraph 8 of the Statement of Findings.

Count6:

On Match 9, 2004, Respondent violated Section 106.071(1), Floiida Statutes, by failing to include the proper· disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published and disttibuted one of eight signs stating "Dump Baxnes The Big Spender" at eight different locations on the day of the election

Count 7J.

On March 9, 2004, Respondent violated Section 106 .. 071(1), Florida Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published and disttibuted the second of eight signs stating "Dump Barnes The Big Spender" at eight different locations on the day of the election.

On Max·ch 9, 2004, Respondent violated Section 106.071(1), Florida Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published and disttibuted the third of eight signs stating "Dump Barnes The Big Spender'' at eight different locations on the day of the election

Count9:

On March 9, 2004, Respondent violated Section 106.071(1), Florida Statutes, by failing to include the proper disclaimer in a political advertisement paid for by an independent expenditure, when the Respondent published and distributed the fourth of eight

Faa004 (1/04)

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signs stating "Dump Barnes The Big Spender" at eight different locations on the day of the election.

Count 10:

On Mar·ch 9, 2004, Respondent violated Section 106..071(1), Flozida Statutes, by failing to include the pzoper· disclaimer in a political adveztisement paid for by an independent expenditure, when the Respondent published and distributed the fifth of eight signs stating "Dump Bames The Big Spender'' at eight different locations on the day of the election.

Countll:

On March 9, 2004, Respondent violated Section 106..071(1), F!ozida Statutes, by failing to include the proper disclaimer in a political adveztisernent paid for by an independent expenditure, when the Respondent published and distributed the sixth of eight signs stating "Dump Barnes The Big Spender" at eight different locations on the day of the election

Count .ll.:.

On Mar·ch 9, 2004, Respondent violated Section 106..071(1), Flozida Statutes, by failing to include the proper disclaimer in a political adveztisement paid for by an independent expenditure, when the Respondent published and disttibuted the seventh of eight signs stating "Dump Bames The Big Spendet" at eight different locations on the day of the election.

Count 13:

On Mar·ch 9, 2004, Respondent violated Section 106.071(1), Flotida Statutes, by failing to include the proper disclaimer in a political adveztisement paid for by an independent expenditure, when the Respondent published and disttibuted the eighth of eight signs stating "Dump Barnes The Big Spender" at eight difforent locations on the day of the election.

Count14:

On March 4, 2004, Respondent violated Section 106143(4)(b), Florida Statutes, when the Respondent made an independent expendituze for a political advertisement and submitted it to the Press Joumal for distribution, but failed to provide the Press Journal a wzitten statement that no candidate approved of the advertisement.

4 . 0000:c.. S

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Count15:

/ /

:.

On March 5, 2004, Respondent violated Section 104J43(4)(b), Florida Statutes, when the Respondent made an independent expenditure for a political advertisement submitted to the Press Journal for distribution on that date, but failed to state on the advertisement that no candidate approved of the advertisement

Count 16:

On March 6, 2004, Respondent violated Section 104.143(4)(b), Florida Statutes, when the Respondent made an independent expenditure for a political advertisement submitted to the Press Journal for distribution on that date, but failed to state on the advertisement that no candidate approved of the advertisement.

Count 17:

On March 7, 2004, Respondent violated Section 104..143(4)(b), Florida Statutes, when the Respondent made an independent expenditure for a political advertisement submitted to the Press Journal for distribution on that date, but failed to state on the advertisement that no candidate approved of the advertisement

Count 18:

On March 8, 2004, Respondent violated Section 104 . .143(4)(b), Flotida Statutes, when the Respondent made an independent expenditure fox a political advertisement submitted to the Press Journal for distxibution on that date, but failed to state on the advertisement that no candidate approved of the advertisement

Respondent timely requested an informal hearing and was noti11.ed to appear before the

Commission on November 17, 2004 .. At the informal hearing, the staff presented the undisputed

facts contained in the Statement of Findings.. The Respondent appeaied at the heating ..

FINDINGS OF FACT

L The Respondent, Damian Gilliams, is a local businessman in Sebastian, Florida.

He owns (at least) two businesses: the NO NAME Bai·, and the FLAGSHIP MARINA

Restaurant Respondent has not served in a public office.. However, he has been involved in the

political arena, primarily with city elections. The Complainant was the incumbent mayor of

Faa004 (7/04) 5 uuoo1.0

( ,· I

Sebastian for approximately 6 Yz years. Prior to being the mayor, or a councilman, Complainant

was a member of the city's planning and zoning Board. Complainant was a city tax collector in

Hazlet, New Jersey, before his relocation to Florida Complainant was defeated in the March 9, ..

2004 election

2.. Respondent placed advertisements in the "Vero Beach Press Journal, a daily

newspaper covering Indian River, Brevard and St. Lucie counties, on March 5, March 6, March 7

and March 8 ." The advertisements were published consecutively for four days preceding the

March 9 election Press Journal invoices showed that Respondent paid for the four political

newspaper ads through his NO NAME Bar business account The cost to publish the ads was

$31L78.

3.. Respondent filed a late and incomplete report on March 9, 2004. The report

should have been filed on March 5, 2004. This report had no information on the expenditure for

the newspaper ads, or anything else. The only item reported was a $400 cash "Remitter" from

Respondent The city clerk sent Respondent a "three-day.-notice letter" via fax and mail On

Mar·ch 12, 2004, Respondent submitted an amended report that reported a $320 expenditure for

the newspaper ads, and an $80 expenditure for "signs .. "

4. All Respondent's four newspaper ads contained the following disclaimer:

pd. pol. adv. for Damian Gilliams approved by Damian Gilliarns

The four newspaper political advertisements should have stated:

"Paid political advertisement paid for by Damian Gilliams 9020 44th Ave .. , Sebastian, Florida, independently of any candidate or committee, and not approved by any candidate "

5.. In his affidavit questionnaire of June 17, 2004, Respondent stated that his placard

sign of DUMP BARNES THE BIG SPENDER, contained the following disclaimer:

Faa004 (7/04)

Pd Pol Ad by Damian Gilliams Approved by Damian Gilliams

Not approved by candidate

However, Respondent did not provide any verification such as a picture, an actual sign, or any

invoices to e§tablish that this ad contained a disclaimer Complainant submitted a petition letter

signed by eleven individuals who observed that the placard was without a disclaimer on election

day. Mr Raymond G Coniglio, the Vice-Mayor of Sebastian, stated to David Flagg, the

Investigations Manager at the Florida Elections Commission, that the signs did not have

disclaimers

6 Respondent reportedly displayed this sign at all the voting precincts.. Respondent

admitted that he had purchased eight copies of the sign, paid $10.00 for each, totaling $80

7 Respondent stated in his questionnaire affidavit that he had not submitted a

written statement that no candidate approved the ad to the Press Journal.. He said, ''No- The

Press Journal said they would put all required written statements in ads that they have done it

before I also ran it past their supervisor " Additionally, the four separate advertisements

published on four consecutive days immediately prior to the election failed to contain the

statement in the advertisements that no candidate approved the advertisements ..

CONCLUSIONS OF LAW

8.. The Commission has jurisdiction over the parties to and Subject matter of this

cause, pursuant to Section 106 26, Florida Statutes

9. Tue Respondent committed one count of violating Section 106. 071 (1 ), Florida

Statutes, when he failed to file timely a report after making an independent expenditur·e of $100

or more; committed twelve counts of violating Section 106.071(1), Florida Statutes, when he

failed to include the proper disclaimer in a political advertisement paid for by an independent

expenditur·e; committed one count of violating Section 106J43(4)(b), Florida Statutes, when he

submitted a political advertisement to the media for distribution and failed to provide the media

Faa004 (1104) uOOOlZ ------------~----·-~·~-----·----·--~·--·-

,

1,

with a Wiitten statement that no candidate approved of the advertisement; and committed fom·

counts of violating Section 106J43(4)(b), Florida Statutes, when he submitted a political

advertisement to the media for distribution and failed to state on the advertisement that no ..

candidate approved of the advertisement

10.. Respondent's actions in this case were willful. Respondent entered the political

arena for the express pmpose of influencing the outcome of the election. He had previously

published an advertisement on October 26, 2003, denouncing proposed expenditures at City

Hall He knew that the adve1tisements needed a disclaimer, but he recklessly disregarded the

election laws by failing to make a reasonable effort to determine the necessru:y language for the

disclaimers and the dates for filing the required expenditme reports ..

11 In deteimining the amount of the civil penalty, the Commission considered the

mitigating and aggravating circumstances set forth in Section 106 .265, Flo1ida Statutes.

ORDER

WHEREFORE the Commission finds that Respondent has violated the following

provisions of Chapter 106, Florida Statutes, and imposes the following fines;

A) Respondent violated Section 106071(1), Floiida Statutes, on one occasion

for failing to file timely a report after making an independent expenditure of $100 or

more.. Respondent is fined $100 for that count

B) Respondent violated Section 106.071(1), Flo1ida Statutes, on twelve

occasions for failing to include the proper disclaimei in political advertisements paid for

by an independent expenditwe. Respondent is fined $100 for each of the twelve counts

for a total of$1,200.

C) Respondent violated Section 106J43(4)(b), Flo1ida Statutes, on one

occasion for submitting a political adveitisement to the media for distribution and failing

Faa004 (7/04) 0~001.3

(

to provide the media with a written statement that no candidate appmved of the

advertisement. Respondent is fined $100 for that count.

D) Respondent violated Section 106.143(4)(b), Florida Statutes, on four

occasions for making an independent expenditure for a political advertisement submitted

to the media for distiibution and failing to state on the advertisement that no candidate

approved of the advertisement. Respondent is fined $100 for each of the four counts for

a total of $400 ..

Therefore, it is

ORDERED that the Respondent shall remit a civil penalty in the amount of$1,800. The

civil penalty shall be paid to the Florida Ekctions Commission, 107 W. Gaines Sti·eet, Collins

Building, Suite 224, Tallahassee, Florida, 32399-1050, within 30 days of the date this Final

Order is received by the Respondent

DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk

of the Commission on December 3, 2004, in Tallahassee, Flo1ida

-------------· Chance Irvine, Chailman Florida Elections Commissio11,

NOTICE OF RIGHT TO APPEAL

Pmsuant to Section 120 68, Florida Statutes, the Respondent may appeal ¢1,e Commission's Final Order to the approptiate distiict comt of appeal by filing a notice of appeli\ both with the Cleik of the Florida Elections Commission and the Clerk of the district comt cif appeal. The notice must be filed within 30 days of the date this Final Order was filed and must be accompanied by the appropriate filing fee ..

• Faa004 (7/04)

. --------------------------

Copies :furnished to:

Charles A Finkel, General Counsel Damian Gilliams, Respondent (certified mail) Walter Barnes, Complainant Supervisor of Elections for Indian River County, Filing Officer

Faa004 (7/04)

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In Re: Damien Gilliams I

Case No,,: FEC 11-273 F.O. No.: 12-06SW ---------------. ----·------

CONSENT ORDER

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The Respondent, Damien Gilliams, and the Florida Elections Commission (Commission)

agree that this Consent Order resolves all of the issues between the parties in this case The

parties jointly stipulate to the following facts, conclusions oflaw, and order

FINDINGS OF FACT

L The Respondent is Damien Gilliarns, a candidate for the Sebastian City Council

in the 2011 election

2 On or about November 22, 2011, the Commission received a sworn complaint

alleging that the Respondent included his party affiliation in a non-partisan race in a political

disclaimer, and that the Respondent included an improper disclaimer on campaign signs

3 No other legally sufficient violation of Chapters 104 or 106, Florida Statutes, was

alleged in the complaint

4.. The Respondent against whom the complaint was filed has not been notified of

an allegation of the same violation before the conduct about which the complaint was filed ..

CONCLUSIONS OF LAW

5., The Commission has jurisdiction over the parties to and suqject matter of this

cause, pursuant to Section 10626, Flolida Statutes.

6. The Respondent neither admits nor denies that he violated Sections 106. 143(3) or

106.143(6), Florida Statutes

000016 C_o 006 (10/08)

ORDER

7.. The Respondent and the staff of the Commission have entered into this Consent

Order voluntarily and upon advice of counsel

8.. .The Respondent shall pay his own attorney fees and costs that are in anyway

associated with this case.

9. The Respondent understands that before the Consent Order is final agency action,

it is must be approved by the Commission The Commission will consider the Consent Order at

its May 2012 meeting.

10. The Respondent voluntarily waives the 1ight to any :fi:uther p1oceedings under

Chapters 106 and 120, Florida Statutes, and the right to appeal the Consent Order..

11 The Respondent will carefully review Chapter I 06, Flodda Statutes, and the

Electioneering Communication Organization Handbook published by the Division of Elections,

and avoid any futuI·e violation of the chapte1

12 The Respondent agrees to correct the campaign signs to comply with Chapter

106, Floiida Statutes, if used in a future election ..

13.. If the Commission does not receive the signed Consent Order and the fine

within 20 days of the date Respondent receives this Consent Order, the staff withdraws this offer

of settlement and will proceed with an investigation of the allegations in the coniplaint.

14.. The Respondent shall remit to the Commission a fine in the amount of$400 by

cashie1 's check or attorney tmst account check. The fine shall be paid to the Flo1ida Elections

Commission, 107 W. Gaines Stteet, Collins Building, Room 224, Tallahassee, Flo1ida, 32399··

1050

The Respondent he1eby agrees and consents to the te1ms of this Consent Order on

c_o 006 (I0/08)

----·----·

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Damien Gil!i~s > ------. , 713;lliyport ~e

Sebastian. Floxida 32958

The Commission staff hereby agrees and consents to the terms of this Consent Order on

~ ,3 2011,.-. -------~-- -~----------~ --

Eric M .. Lipman, General Counsel Florida Elections Commission 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-1050

Approved by the Florida Elections Commission at its xegularly scheduled meeting held

on May 8 & 9, 2012, in Tallahassee, Floxida.

Copies furnished to:

Exie M .. Lipman, Genexal Counsel Damien Gilliams, Respondent

c_o 006(10/08)

Tim Holla ay, Chaix Floxida Elections Commission

Date

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(Section 106 .. 023, F..S .. )


candidate for the office of

OFFICE USE ONLY

---·------

----------·---------------


Chapter 106, Florida Statutes ..

.. ······ \ . ) ff-~ / x -- '--·/

-·------- - --Signature Candidate Date

Each candidate must file a statement with the qualifying officer within 1 O days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss 106 .. 19(1 )(c), 106 .. 265(1 ), Florida Statutes) ..

DS-DE 84 (05/11)

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(Section 106 .. 023, F.S.)


OFFICE USE ONLY

RECEIVED

SEP08201J ~ City of Sebaatlan City Clerk's Office

, _______ _ candidate for the office of <?"'"-~l#Si•.4r-' Co v.Jc, c {,\<.G'VV-~~-~


Chapter 106, Florida Statutes.

(--.• ------·-·

x "'f .. r· II

-----··-'-"--------Signature of Candidate Date

Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed.. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss .. 106 .. 19(1)(c), 106 .. 265(1), Florida Statutes) ..

DS-DE 84 (05/11)

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Documents

In Re: Damien Gilliams Case No.,: FEC 13-311 · In Re: Damien Gilliams TO: Damien Gilliams 713 Laypo1t Diive Sebastian, FL 32958 STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION Case