BROWARD OFFICE OF THE INSPECTOR GENERAL

MEMORANDUM To: Hon. Barrington A. Russell, Sr., Mayor, and Members, City Commission

From:

City of Lauderdale Lakes

John W. Scott, Inspector Genera't.4 'tifJ Date: June 22, 2015

Subject: OIG Memorandum Re: Eric L. Haynes Elections Law Violation, Ref. OIG 12-025

The purpose of thi s memorandum is to report that, based upon a complaint filed by the Broward Office of the Inspector General (OIG), the Florida Elections Commission (FEC) has fined fo rmer Lauderdale Lakes C ity Commissioner Eric L. Haynes for an elections law violation. 1 The FEC's Final Order is attached (Exhibit 1 ).

On May 20, 20 15, the FEC found Mr. Haynes will fully violated Florida Statute Section 104.011( l ), false swearing in connection with voting or elections, and assessed a fine of $500. T he Final Order was issued on June 16, 2015, and Mr. Haynes has thitiy days from that date to appeal .2

The OIG predicated its investigation upon an allegation we received in September 2012 that Mr. Haynes was no longer residing in the City of Lauderdale Lakes, which the City charter required him to do as a sitting Commissioner. During our investigation of that information, we came upon info rmation that Mr. Haynes voted in the November 2012 general e lection using his old C ity address, when he had already moved. Although the C ity Commission voted against removing him for residing outside the City, following our investigation, the OIG found probable cause to believe that Mr. Haynes violated the elections laws by voting in the November 2012 general election after he fal se ly swore or affirmed to residing at an address within the City. Thus, in August 2013 we referred the matter to the FEC for its independent assessment. We did not publish any report or memorandum pending the outcome the FEC's findings.

1 The City cha1ter did not permit Mr. Haynes to run for reelection in November20 14, when he was term-lim ited. 2 Florida Rule of Appellate Procedure 9. 1IO(c).

John W. Scott, Inspector General One North University Drive, Suite 11 1 Plantation, Florida 33324 (954) 357-7873 Fax (954) 357-7857

www.browardig.org (954) 357-TIPS

Background

Florida Statutes l 04 .0 l l ( l) prohibits the willful , false execution of an oath or affirmation "in connection with or arising out of voting or e lections."

Section 3. l 0 (2) of the City Charter states in part that, "A mayor or a city commissioner shall forfe it hi s office if that person: .. . (f) Has moved hi s principal place of residence from the City of Lauderdale Lakes." It further states that, " In all circumstances arising under this article, the city commission shall be the judge of the applicability of its provisions."

Mr. Haynes was fi rst voted into offi ce as a Lauderdale Lakes Commissioner in November of 2002. He was re-elected for two additional terms in 2006 and 20 10, and became term limited in November of 2014, after serving fo r a total of twelve years. As of this writing, he is neither a candidate for nor holds elective office.

The OIG Investigation

In September 201 2, the OIG received information that Mr. Haynes, who was then a City Commissioner, had moved from his former home at 470 1 N.W. 41st Court, Lauderdale Lakes, Florida, and was no longer residing within the City limits as required by the City charter.

During our ensuing inquiry and investigation, OIG Special Agents conducted records reviews, includ ing those of the Broward County Property Appraiser's Office, the Florida Department of Highway Safety and Motor Vehicles, the Broward Supervisor of Elections, and the C ity; obtained a copy of a lease agreement between Mr. Haynes (and his wife) and a lessor at 10821 [street name omitted3] , Parkland, Florida; conducted a neighborhood canvass in the immediate vicinity of the I 082 1 property; and conducted interviews including one of the Commissioner himself.

We interviewed the prope1t y manager for I 082 1 (Parkland), who provided the information that Mr. Haynes leased the townhome there between June 20 12 and May 201 3. He told OIG Special Agents that he beli eved Eric Haynes was li vi ng there with hi s family. He stated that on a few occasions when the rent was late, he traveled to Parkland to pick up the payment, and Mr. Haynes walked out of 1082 1 and paid him with cash or corporate check in the driveway.

We interviewed the buyer of Mr. Haynes' s house at 4701 (City), who told us that he did not continue living there fo llowing the sale date of August 22, 2012.

We interviewed Mr. Haynes, who told us he had been li ving at 3880 [street name omitted4] in the C ity since August of 2012, while his wife was living at the 10821 (Parkland) address because their marriage was strained, and that he occasionall y visited his children and slept over there. 5 During our interview, Mr. Haynes presented a Florida driver's license with the 4770 (City)

3 When OIG Special Agents interviewed Mr. Haynes, he stated he did not want the public to have his personal address because he has received death threats and been a victim of vandalism in the past, citing as examples that his mai l had been taken and his home had been egged. 4 See Footnote 3, above. 5 Mr. Haynes provided us with an in voice from a doctor for an eye examination dated February 2, 20 13, addressed to Mr. Haynes at the 3880 (City) address.

13ROWAIW OIG PAGE20F5

address, stating that it was incorrect and that he had changed his address with the Division of Motor Vehicles one week earlier to 3880 (City). We later determined that he had changed his address on the day we contacted him for the interview. During the interview, Mr. Haynes omitted that he changed the address.fiom the 10821 (Parkland) address, not from the 4770 (City) address, to the 3880 (City) address.

We spoke with the owner of the 3880 (City) property, who stated that she had allowed Mr. Haynes to live at her home since June 2012 on an occasional basis and since August 2012 on a more permanent basis.

We interviewed the Director of Voter Operations and Elections Day Operations Director of the office of the Broward Supervisor of Elections, who confirmed that Mr. Haynes voted in the November 2012 election, claiming to live at the 4 70 l address in the City, four months after the date he claimed he was already residing at the 3880 address.

We attempted to interview Mrs. Haynes; however, she declined.

010 Special Agents conducted surveillance four times at the 10821 (Parkland) locations, and observed Mr. Haynes' s car parked in the driveway on April 20, 2013. We drove by the 3880 (City) address three times without seeing Mr. Haynes's car.

In our canvass of the neighborhood around 10821 (Parkland), neighbors from five different homes identified Mr. Haynes by photograph. One of them recalled seeing the family "all dressed up on a Sunday." Another described a car consistent with Mr. Haynes's car and said she observed it parked at I 0821 four times the week before, and saw Mr. Haynes get into it twice. Another neighbor stated he saw a s imilarly described vehicle parked there three or four times per week, after 5:00 p.m. , and that he saw the son driving that car once.

Two of the neighbors contacted the 010 on May 20, 2013, after a Special Agent left his business card at their door. The couple stated they did not know the man who was living at I 0821 with hi s wife and children, but correctly described the family and their vehicles. They stated that the walls are very thin and that they could hear the man' s voice through the walls during the evenings watching some kind of sporting event. The callers went onto the City's website and identified Mr. Haynes as the man who was living at I 0821. They said that their neighbors moved into the l 0821 townhouse sometime between June and August of 2012.

BROWA RD OICI PAGE30f'5

Our investigation established the fo llowing timeline regarding Mr. Haynes's residency:

5/26/ 12 Mr. Haynes sign s lease for townhome at 10821 (Parkland) for the time period 6/ 1/ 12 through 5/3 1/13. Property manager later tells OIG that on a few occasions when rent was late, he went to the town home where Mr. Haynes personally exited and handed over payment.

8/ 1/ 12 This is the date that Mr. Haynes claims (to OIG and City Comm ission) was when he moved into the home at 3880 (City). 8/22/12 Mr. Haynes sells 470 I (City) home to Shei la White.

11 /3/12 Mr. Haynes votes in early voting; 4701 (City) is his address of record on file at Broward Supervisor of Elections (SOE). The voting pass or certificate reads in part, " I do solemnly swear (or affirm) ... that I reside at the listed address ... "

12/18/ 12 City records reflect Mr. Haynes's address at 470 1 (City). 2/26/ 13 Mr. Haynes submits a change ofaddress to the SOE, from 470 I (City) address to the 3880 (City) address. 1/02/ 13 Mr. Haynes changes his driver's license address from a PO box in Coral Springs to I 082 1 (Parkland).

3/20/ 13 Melissa White, daughter of Sheila White, con firmed their purchase from Mr. Haynes of 470 I (City) property in August or September of 20 12 and stated Mr. Haynes did not reside at the home after the sale (8/22/ 12).

4/20/ 13 OIG observes Mr. Haynes 's car at the I 082 1 (Parkland) address. 4/30/ 13 OIG contacts Mr. Haynes fo r an interview about his residency. 4130113 Mr. Haynes changes his Florida driver's license address from I 082 1 (Parkland) to 3880 (City).

5/07/ 13

Mr. Haynes informs OIG that he has been living at 3880 (City) address since 8/ 1/ 12. He produces his old driver's license with the 4 70 I (City) address, stating he changed the address with the Division of Motor Vehicles the prior week to the 3880 (City) address, but omi ts reference to the use of the I 082 1 (Parkland) address fo r his driver's license between I /02/13 and 4/30/13.

5/ 16/ 13 Several neighbors around I 0821 (Parkland) identify Mr. Haynes and have observed his car parked there.

On June 7, 20 13, the City Clerk received a letter from the attorney retained to represent Mr. Haynes in the City residency matter, who wrote, "Commissioner Haynes has authorized me to advise you that his primary place of residence is with [name omitted] at 3880 [street name omitted], Lauderdale Lakes, FL 33309. Commissioner Haynes began residing there prior to his house being sold on September 4, 2012, when he became estranged from his wife."

On June 10, 20 13, at a public workshop, the issue of Mr. Haynes's residency was discussed by the City Commission. Commissioner Haynes represented to the Commissioners that he had been residing at the 3880 (City) address since August 20 12, as he earlier stated to OIG investigators.6 Based on the information he provided, and pursuant to its authority set forth in Section 3.10(2), the City Commission decided against removing Mr. Haynes from office.

We concluded there was probable cause to believe that Mr. Haynes was not living at the 4701 (City) address at the time he voted in the November 20 12 e lection.

6 The OIG did not participate in the City Commiss ion proceed ings about Mr. Haynes's residency.

nROWJ\ RD OICI l' AGE 4 OF 5

Florida Elections Commission Findings

Thus, in August 2013 the OIG referred the matter to the FEC for its independent assessment of whether there was any violation of Florida election laws. On November 21, 20 14, the FEC issued an order of probable cause and referred the matter to an administrative hearing officer. Following the parties' agreement that there were no di sputed facts other than willfulness, the case was sent back to the full FEC Commission. On May 20, 2015, the FEC concluded Mr. Haynes 's act of false swearing or affirming to be willful, found him to be in violation of F.S. l04.011 ( l ), and fined him $500. The FEC's final order of June 16, 2015, is attached as Exhibit l.

Attachment

cc: Danny A. Holmes, Interim City Manager Gregory Durden, attorney for Eric L. Haynes

BROWJ\RDOICJ i>AGE 5 OF 5

OIG 12-025

EXHIBIT 1

--------------

'

Fit.ED 15 JUN 16 AM 2: 34

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Florida Elections Commission, Petitioner,

Agency Case No.,: FEC 13-2.32 v. F.O. No.: FOFEC 15-116W Eric L. Haynes,

Respondent. __ _; FINAL ORDER

THIS MATTER was heaid at an informal heaiing held befo1e the Florida Elections

Commission (Commission) on May 20, 2015

APPEARANCES For Commission Eric M. Lipman

General Counsel I 07 West Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399

For Respondent No Appearance

STATEMENT OF I HE ISSUE Whethe1 Respondent violated Section I04.011 (I), Florida Statutes, as alleged in the

Commission's November 21, 2014 Orde1 of Probable Cause

PRELIMINARY STATEMENT On Septembe1 4, 2013, the Commission 1eceived a sworn complaint alleging a violation

P:/Final Order after lnfonnal Hearing before FEC docx (07/14) FEC Case# 13-232

of Floiida's election laws. Staff of the Commission conducted an investigation to deteimine

whethet the facts alleged in the complaint constituted probable cause to believe that Respondent

violated the Flo1ida Election Code

On Septembe1 19, 2014, staff recommended to the Commission that there was probable

cause to believe that the Flotida Election Code was violated. On November 21, 2014, the

Commission entered an Order of Probable Cause finding that there was ptobable cause to charge

Respondent with the following violation:

Count 1:

On or about November 3, 2012, Respondent violated Section 104.011(1), Floiida Statutes, when he falsely swoie or affomed an oath, in connection with or arising out ofvoting or an election

Respondent timely elected to have a foxmal administrative hearing befo1e an

administrative law judge (ALT) from the Division of Administxative Heaxings Thereafter,

Respondent chose to have the Commission determine willfulness at an infoxmal heaxing On

Maxch 10, 2015, the ALT entered an order closing its file and the case was set for an infotmal

heating befo1e the Commission At the informal hearing, the Commission adopted the

undisputed facts set forth in the Staffs Recommendation as its findings of fact

FINDINGS OF FACT

Respondent was a Lauderdale Lakes City Commissione1

2 The 2012 general election was held on November 6, 2012 Respondent voted on

November 3, 2012, during eaxly voting at the Main Library, downtown Fo1t Laude1dale

3 Before receiving his ballot, Respondent signed an oath 01 affirmation on an Eaxly

Voting Certificate stating that he xesided at 4701 NW 41" Couxt, Laude1dale Lakes, FL 33319

even though Respondent knew he lived at 3880 NW 39h Street, Laude1dale Lakes, Florida

P:/Final Order after Informal Hearing before FEC docx FEC Case# 13232

Florida 33309

4 Respondent's actions were willfol. Respondent signed an oath 01 affi1mation that

he lived at 470 I NW 41" Cou1t, Lauderdale Lakes, FL 33319, even though he knew he lived at

3880 NW 39h Street, Lauderdale Lakes, Florida 33309

CONCLUSIONS OF LAW 5 The Commission has jurisdiction over the patties to and matte1 of this

cause, put suant to Section I 0626, Flo Iida Statutes

6 Respondent's conduct was willful Respondent committed the act while knowing

that, 01 showing reckless disregard for whether, the act was prohibited, or failed to perfo1m the

act while knowing that, 01 showing reckless disrega1d for whethe1, the act was 1equited

7. Respondent committed I count of violating Section 104.011(1), Florida Statutes,

when he falsely swore 01 affirmed an oath or affitmation in connection with or a1ising out of

voting or an election

8 In determining the amount of the civil penalty, the Commission considered the

mitigating and aggravating circwnstances set fo1th in Section I 06 265, Florida Statutes

ORDER 9 The Commission finds that Respondent has violated Section 104 011(1), Flo1ida

Statutes, on I occasion and imposes a $500 penalty for the violation

Therefore it is

ORDERED that Respondent shall remit a civil penalty in the amount of $500 inclusive

of fees and costs The civil penalty shall be paid to the Flo1ida Elections Commission, Collins

Building, Suite 224, I 07 West Gaines Street, Tallahassee, Florida 32399, within 30 days of the

date this Final Order is filed with the Commission and must be paid by money order, cashier's

P:/F inal Order after Informal Hearing before FEC docx FEC Case# 13-232

check or attorney tiust account chec

DONE AND ORDERED by the Flo1ida Elections C y 20, 2015

Copies furnished to: Elie M Lipman, General Counsel Giego1y Dwden, Attorney fo1 Respondent Michael Mee, Complainant

NOTICE OF RIGHT TO APPEAL

This orde1 is final agency action. Any patty who is adve1sely affected by this 01der has the light to seek judicial 1eview pursuant to Section 120 68, Flolida Statutes, by filing a notice of administiative appeal pwsuant to Rule 9J 10, Florida Rules of Appellate P1ocedwe, with the Clerk of the F lozida Elections Commission at I07 West Gaines Street, Suite 224, Collins Building, Tallahassee, Flo1ida 32399-1050 and by filing a copy of the notice of appeal with the appropriate district cowt of appeal The pazty must attach to the notice of appeal a copy of this 01der and include with the notice of appeal filed with the district court of appeal the applicable filing fees. The notice of administrntive appeal must be filed within 30 days of the date this order is filed with the Commission. The date this order was filed appears in the upper dght-hand cornet of the first page of the order.

P:/F'inal Order Informal Hearing before FBC doc:x FEC Case# ll232