Response to Florida Ethics Commission misfeasance

8/12/2019 Response to Florida Ethics Commission misfeasance

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VIA UPS No. 1Z64589FP291847141 June 2, 2014

Virlindia A. Doss, Executive Director Florida Commission on Ethics325 John Knox Road Building E, Suite 200

Tallahassee, FL 32303

Dear Ms. Doss,

This is an interim response to your letter dated April 29, 2014. Unfortunately ink was smeared over the part of the letter responsive to my records request on page one. No records and nosettlement agreement were provided. Therefore,

1. Immediately provide a legible record of your letter to me dated April 29, 2014.2. Provide a copy of any oath of office for you, your deputy, and the Commission members.3. Identify the records custodian for the Florida Commission on Ethics.

Regarding the settlement agreement announced of my home mortgage dispute in seven ordersentered by the Commission on Ethics January 29, 2014, Order Nos. 13-201 through 13-207, just

provide a copy of the settlement agreement, not the entire file.

This is a request for a verbatim record of the executive session dismissing Complaint No. 14-034against Attorney General Pam Bondi for lack of legal sufficiency, for corruptly delaying theexecution of Marshall Lee Gore September 10, 2013 for her own personal benefit, to attend acampaign fund-raiser at her home in Tampa benefiting her reelection campaign and herself.

The Public Report and Order Dismissing Complaint No. 14-034 shows misfeasance by Chairman

Morgan R. Bentley because the Attorney General publicly admitted she engaged in conduct inher public capacity which was inconsistent with the proper performance of the respondent's

public duties, that the respondent knew her conduct was wrong, and that the respondent engaged in the conduct in order to further a special privilege, benefit, or exemption for herself. I believeevery Floridian has standing to appeal a decision wrongly excusing a corrupt Attorney General.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop Telephone: 352-854-7807Ocala, Florida 34481 Email: [email protected]

cc: Federal Bureau of InvestigationJohn F. Harkness, Executive Director, The Florida Bar, TallahasseePatricia Ann Toro Savitz, Bar Counsel, The Florida Bar, Orlando BranchGhunise L. Coaxum, UPL Bar Counsel, The Florida Bar, Orlando Branch

Enclosures: Public Report and Order Dismissing Complaint No. 14-034


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D TE FILEDEFORE THE

STATE OF FLORIDAAPR 30 2 14COMMISSION ON ETHICS

COMMISSION ON ETHICS

i re PAMELA JO BONDI,Complaint No. 14-034

Respondent.- - - - - - - - - -

PUBLIC REPORT AND ORDER DISMISSING COMPLAINT

On Friday, April 25, 2014, the Comnlission on Ethics met in executive session and

considered this complaint for legal sufficiency pursuant to Commission Rule 34-5.002, F.A.C.

The Commission's review was limited to questions of jurisdiction of the Commission and of the

adequacy of the details of the complaint to allege a violation of the Code of Ethics for Public

Officers and Employees. No factual investigation preceded the review, and therefore the

Commission's conclusions do not reflect on the accuracy of the allegations of the complaint.

The Commission voted to dismiss the complaint for lack of legal sufficiency, based on

the following analysis:

1 This complaint was filed by Neil J Gillespie of Ocala, 'Florida.

2 The Respondent, Pamela Jo Bondi, serves as Attorney General for the State of

Florida.

3The complaint alleges that the Respondent misused her public position in

violation of Section 112.313(6), Florida Statutes, by delaying an execution of an inmate so that

she could attend a campaign fundraising event benefiting herself and her reelection campaign.

4 Section 112.313(6), Florida Statutes, states:

MISUSE OF PUBLIC POSITION.--No public officer, employee of anagency, or local government attorney shall corruptly use or attempt to use his or


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ORDERED by the State of Florida Commission on Ethics meeting in executive session

on April 25, 2014.

~ ~ ORG N R. BENTLEY

Chair Florida Commission o Ethics

MRB/bd

cc: The Honorable Pamela Jo Bondi, RespondentMr. NeilJ. Gillespie, Complainant

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Morgan R. Bentleyhair

Linda McKee RobisonVice Chair

Michelle Anchors

Matthew F. Carlucci

I. Martin Ford

Tom FreemanSusan Horovitz MaurerStanley M. Weston

State of FloridaCOMMISSION ON ETHICS

P.O. Drawer 15709Tallahassee, Flo rida 32317-5709

325 John Knox RoadBuilding E, Suite 200

Tallahassee, Florida 32303

A Public Office is a Public Trust

February 26, 2014

Virlindia DossExecutive Director

C. Christopher Anderson, IIIGeneral CounseV

Deputy Executive Director

(850) 488-7864 Phone

(850) 488-3077 (FAX)www.ethics.state.f1.us

CERTIFIED MAILRETURN RECEIPT REQUESTED

The Honorable Pamela Jo BondiOffice of the Attorney General onfidenti lL-O 1 The CapitolTallahassee, FL 32399-1050

RE: Complaint No. 14-034, In re PAMELA JO BONDI

Dear Attorney General Bondi:

The above-captioned complaint, recently received in the office of the Commission on Ethics, isbeing transmitted to you pursuant to the requirements of Section 112.324, Florida Statutes. Thisoffice will forward all future correspondence in this matte r to you at the above-listed mailingaddress unless otherwise notified of a change in your address. This transmittal is a routineadministrative requirement which should not be construed as an approval, disapproval, orjudgment of the complaint, either as to its terminology or merits.

Please note that this complaint, as well as all of the Commission's proceedings and recordsrelating to the complaint, remain confidential either until you make a written request to theCommission that such records be made public or until the complaint reaches a stage in theCommission's proceedings where it becomes public. Unless we receive a written waiver ofconfidentiality from you, our office is not free to release any documents or to comment on thiscomplaint to members of the public or the press, so long as the complaint remains in aconfidential stage. The Commission's procedures on confidentiality do no t govern the actions ofthe complainant or the respondent.

The following information is submitted to aid you in understanding the review that a complaintmay go through under the Commission's rules. The first stage in our complaint process is adetermination of whether the allegations of the complaint are legally sufficient, that is, whetherthey indicate a possible violation of any law over which the Commission has jurisdiction. If thecomplaint is found not to be legally sufficient, the Commission will orde r that the complaint bedisnlissed without investigation and all records relating to the complaint will become public atthat time.


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PAMELA JO BONDIPage 2February 26, 2014

If the complaint is legally sufficient but pertains solely to allegations of errors or omissions infinancial disclosure forms, a determination will be made as to whether the error(s) oromissions(s) are significant to investigate. If the error(s) or omissions(s) are determined to beminor or inconsequential, you will be so notified and will be given 30 days in which to correctthe error(s) or omission(s). If the correction is made, the complaint will be dismissed. Ifnocorrection is made, the complaint will advance to the next step in the process.

If the complaint is found to be legally sufficient, a preliminary investigation will be undertakenby the investigative staff of the Commission. The next stage of the Commission's proceedingsinvolves the preliminary investigation of the complaint and a decision by the Commission ofwhether there is probable cause to believe that there has been a violation of any of the ethicslaws. If the complaint is investigated, you and the complainant will be given an opportunity tospeak with the investigator. You also will be sent a copy of our investigative report prior to anyaction by the Commission and will be given the opportunity to respond to the report in writing.If the Commission finds that there is no probable cause to believe that there has been a violationof the ethics laws, the complaint will be dismissed and will become public at that time.

If the Commission finds that there is probable cause to believe there has been a violation of theethics laws, the complaint becomes public and enters the last stage of proceedings, whichrequires that the Commission decide whether the law actually was violated and, if so, whether apenalty should be recommended. t this stage, you have the right to request a public hearing(trial) at which evidence would be presented, or the Commission may order that such a hearingbe held. Public hearings usually are held in or near the area where the alleged violationoccurred.

You are entitled to be represented by legal counsel during our proceedings. Upon writtenrequest, documents and notices regarding the complaint will be provided to your attorney.

If you are unfamiliar with the ethics laws and the Commission's responsibilities, I encourage youto access our website at www.ethics.state.fl.us. where you will find publications, rules, and otherinformation. If there are any questions concerning this complaint or the procedures beingfollowed by the Commission, please feel free to contact Ms. Kaye Starling, our ComplaintCoordinator, at (850) 488-7864.

Sincerely,j/ /e /V :1 j t . f j

b ~ P j ~ ~ Virlindia Doss JExecutive Director

Enclosure

cc: Mr. Neil J Gillespie, Complainant


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STATE OF FLORIDA

COMMISSION ON ETHICSP. O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709

COMPLAINT

1. PERSON BRINGING COMPLAINT:

Name: _N_e_il_J._G_i_lIe_s_p_ie Telephone Number: _35_2_ _85_4_ _78_0_7 _

Address: 8092 SW 115th Loop

C 1 y: Ocala Cou n t y: Marion _ Z Ip C d0 34481 _:

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT: Current or former public officer, public employee, candidate, or lobbyist - please use one complaint form for each person you wish to complain against:

Pamela Jo Bondi, Attorney General of Florida T I h N b 850-414-3300N arne: e ep one urn er: _

The Capitol PL-01, Office of the Attorney GeneralAdd ress: _

C1 y: Tallahassee County: Leon _ C d 32399-1050I p 0 e: _

Ti tIe of office or position held or sought: _A_tto_r_n_eY_G_e_n_er_a_1_of_F_lo_r_id_a _

3. ST A TEMENT OF FACTS:Please explain your complaint fully, either on the reverse side of this form or on additional sheets,

providing a detailed description of the facts and the actions of the person named above. Include relevantdates and the names and addresses of persons whom you believe may be witnesses. If you believe that aparticular provision of Article II, Section 8, Florida Constitution (the Sunshine Amendment) or of PartIII, Chapter 112, Florida Statutes (the Code of Ethics for Public Officers and Employees) has beenviolated, please state the specific section(s). Please do not attach copies of lengthy documents; if they arerelevant, your description of them will suffice. Also, please do not submit video tapes or audio tapes.

4. OATH STATE OF FLORIDACOUNTY OF H\A-r ; O n

Sworn to (or affirmed) and subscribed before meI, the person bringing this complaint, do this ~ I s r day of Fe I : , rAA-r (depose on oath or affirmation and say that 20 It. b y Na; G (( e-sp; ethe facts set forth in the foregoing complaint (name of person making statement)and attachments thereto are true and correct Signature of Notary Public - State of Florida)to the best of my knowledge and belief.

- ~ CECIL A O S E N B E R G E R

(Print, Ty :*. : ~ i l ~ ~ m e of otary Public) Bar*tThrunarFain.:..... 701I :, Rr..

Personally Known _ _ OR Produced Identification _ _Type of Identification Produced:

CE FORM 50-EFF. 4/2008


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VIA UPS No. 1Z64589FP294746085 February 22, 2014

Virlindia A Doss, Executive DirectorFlorida Commission on Ethics325 John Knox Road

Building E, Suite 200Tallahassee, FL 32303

Dear Ms. Doss:

Please find enclosed a sworn complaint for Misuse of Public Position, F.S. 112.313(6), againstFlorida Attorney General Pam Bondi (AG Bondi) for delaying the September 10 2013 executionof Marshall Lee Gore to attend her campaign fund-raiser to benefit her campaign and herself.

The Attorney General of Florida is an elected cabinet official of the Executive Branch whoserves as the chief legal officer of the State of Florida, a position of public trust created by theFlorida Constitution, Art. IV, 4(b), authorized by F.S. 16.01 et seq.

The current Attorney General of Florida is Pan1ela Jo Bondi who took office on January 4 2011and swore to "support, protect, and defend the Constitution and Government of the United Statesand of the State of Florida" [Fla. Const. Art II 5(b)], and is by virtue of that position of trust anofficer and employee of state government, responsible for lawfully performing and dischargingher duties without bias, favoritism, extortion, improper influence, personal self enrichment, selfdealing, concealment, or conflict of interest. Her term will expire on January 6 2015.

The Florida Attorney General is the public officer responsible for conducting stateexecutions of persons in Florida sentenced to death under F.S. 421.141 775.082.

Marshall Lee Gore was a convicted murderer sentenced to death. Gore's execution was setfor September 10, 2013, and required the presence of the Attorney General in Starke, FL.

AG Bondi was bound by her Oath of Office to execute Marshall Lee Gore on September 10,2013 at the Florida State Prison in Starke, FL. AG Bondi failed to execute Gore on that day.

AG Bondi corruptly delayed Gore' s execution for her own personal benefit, to attend acampaign fund-raiser at her home in Tampa benefiting her reelection campaign and herself.

A story September 9, 2013 in the Tampa Bay Times by Adam C. Smith, "Execution rescheduledto accon1modate Pam Bondi Fundraiser" reported the matter, and accompanies this complaint.


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Monday, September 9, 2013 7:21pm

There is no graver responsibility and act of state government than an execution.

In Florida this week, a campaign fundraisertakes precedence.

Attorney General Pam Bondi persuaded Gov.Rick Scott to postpone an execution scheduledfor tonight because it conflicted with herre-election kick-off reception.

"What's going on down there? It's ridiculous,"said Phyllis Novick, the Ohio mother of one of Marshall Lee Gore's victims, when told Monday about the reason for the delay.

Gore, 50, raped, strangled and stabbed30-year-old Robyn Novick in 1988 beforedumping her body into a Miami-Dade County trash heap. Gore was also sentenced to die forthe slaying of 19-year-old Susan Roark, whose body was found a few months later in ColumbiaCounty.

Gore was initially scheduled for execution inJune, but the date was twice delayed because of legal skirmishes over Gore's sanity.

After Scott last month rescheduled the execution for Sept. 10, the date of Bondi's "hometown campaign kickoff" ather South Tampa home, Bondi's office asked that it be postponed. The new date is Oct. 1.

Scott said Monday that he did not know the reason for the request, and he declined to answer when asked whether heconsiders a campaign fundraiser an appropriate reason to reschedule an execution.

"When another Cabinet officer asks for something, we try to work with them," Scott said.

On Monday, Bondi responded to questions with a statement saying she had made a mistake.

"As a prosecutor, there was nothing more important than seeing justice done, especially when it came to theunconscionable act of murder. I personally put two people on death row and, as Attorney General, have already participated in eight executions since I took office, a role I take very seriously," Bondi said.

"The planned execution of Marshall Lee Gore had already been stayed twice by the courts, and we absolutely should

Adam C. Sm ith, Tim es Polit ical Edi tor

http://www.tampabay.com/news/politics/national/execution-rescheduled-to-accommodate-pam-bondi-fundraiser/2140891


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not have requested that the date of the execution be moved," said Bondi, who has long championed victims' rights.

Shortly before a scheduled execution, the Florida attorney general typically phones the governor to inform him thereis no legal basis for delay. Since Bondi and Scott began their first terms in 2011, eight executions have been carriedout.

Gore's attorney, Ted Scher, said he had asked the governor's office for more information about why the execution was postponed, but the governor's staff would say only that it was at the request of the attorney general. That itturned out to be because of a campaign event came as a surprise.

"It's very unusual," Scher said. "It's particularly unusual given the attorney general's position in these cases that all we (defense lawyers) do is delay these executions," Scher said.

Bondi is fighting legal challenges to the 2013 "Timely Justice Act" aimed at speeding up executions in Florida.

"Wherever one stands on the death penalty, there isn't anyone in America that believes an execution should bepostponed for political fundraising," said David Donnelly, executive director of Public Campaign Action Fund. "ThatPam Bondi requested a delay in this execution shows how the nonstop chase for campaign cash has hollowed out themorality of our political system. Her moral compass is broken."

The delay keeps Gore on death row an extra 21 days at a cost that the Department of Corrections estimates at about

$1,000.

The Republican attorney general faces no serious challenger so far, and organizers expect her campaign kick-off event to attract 100 to 200 people. Among those hosting the event: Tampa Mayor Bob Buckhorn, a Democrat; HouseSpeaker Will Weatherford, R-Wesley Chapel; and state Sens. Jack Latvala, R-Clearwater, Bill Galvano, R-Bradenton, Tom Lee, R-Brandon, Wilton Simpson, R- Trilby, and Jeff Brandes, R-St. Petersburg.

The governor won't be there because he made other plans once the execution dropped off his Tuesday schedule.

He will be at a reception in Broward County raising money for his re-election campaign.

Times/Herald staff writers Steve Bousquet and Mary Ellen Klas, Times researcher Caryn Baird and the NewsService of Florida contributed to this report. Contact Adam C. Smith at [email protected].

Execution rescheduled to accommodate Pam Bondi fundraiser 09/09/13

2013 Tampa Bay Times

http://www.tampabay.com/news/politics/national/execution-rescheduled-to-accommodate-pam-bondi-fundraiser/2140891

Documents

Response to Florida Ethics Commission misfeasance