Broward Office of the Inspector General Haynes.pdf
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BROWARD OFFICE OF THE INSPECTOR GENERAL
MEMORANDUM
To:
Hon. Barrington A. Russell, Sr., Mayo r, and Members, C ity Commission
C ity of Lauderdale Lakes
From:
John W. Scott, Inspector Genera' t . 4
Date:
June 22, 2015
Subject:
OIG Memorandum Re: Eric L. Haynes Elections Law Violation,
Ref. OIG 12-025
'tifJ
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 Commissio n (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).
O n May 20, 20 15, the FEC found Mr. Haynes w ill fully violated Florida Statute Section
104.011 ( l ), false swearing in connection with voting or elections, and assessed a fine of $5 00.
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 lo nger 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
upo n info rmation that Mr. Haynes voted in the November 2012 general e lection using his old
C ity address, when he had already moved. Althoug h the C ity Commission voted against
removing him for residing outside the C ity, following our investigatio n, the OIG found probable
cause to believe that Mr. Haynes vio lated the elections laws by voting in the November 2012
general electio n after he fal se ly swore or affirmed to residing at an address w ithin the City.
Thus, in August 2013 we referred the matter to the FEC for its independent assessment. We d id
no t publish any report or memorandum pending the o utco me the FEC's findings.
1
2
The City cha1ter did not permit Mr. Haynes to run for reelection in November20 14, when he was term-lim ited.
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-T IPS
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. A s 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 record s reviews,
includ ing those of the Broward County P roperty Appraiser's Office, the Florida Department of
Highway Safety and Motor Vehicles, the Broward S upervisor 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 omitted 3 ] , 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 pro pe1t 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 w ith 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 omitted 4 ] 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 vanda lism 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.fi·om the 10821 (Parkland) address, not from the 4770 (C ity)
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 O ICI
PAGE30f'5
Our investigation established the fo llowing timeline regarding Mr. Haynes's residency :
5/26/ 12
8/ 1/ 12
8/22/ 12
11 /3/12
12/18/ 12
2/26/ 13
1/02/ 13
3/20/ 13
4/20/ 13
4/30/ 13
4130113
5/07/ 13
5/ 16/ 13
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.
This is the date that Mr. Haynes claims (to OIG and City Comm ission) was when he
moved into the home at 3880 (City).
Mr. Haynes sells 470 I (City) home to Shei la White.
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 ... "
City records reflect Mr. Haynes's address at 470 1 (City).
Mr. Haynes submits a change of address to the SOE, from 470 I (City) address to the
3880 (City) address.
Mr. Haynes changes his driver's license address from a PO box in Coral Springs to
I082 1 (Parkland).
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).
OIG observes Mr. Haynes 's car at the I082 1 (Parkland) address.
OIG contacts Mr. Haynes fo r an interview about his residency.
Mr. Haynes changes his Florida driver's license address from I082 1 ( Parkland) to
3880 (City).
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 I082 1 (Parkland) address fo r his driver's
license between I/02/13 and 4/30/13.
Several neighbors around I0821 (Parkland) identify Mr. Haynes and have observed
his car parked there.
On June 7, 20 13, the City C lerk 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. Commi ssioner 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 the re was any violation of Florida election laws. On November 2 1, 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. § l 04.011 ( 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\RDO ICJ
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
F.O. No.: FOFEC 15-116W
v.
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 of voting 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 39•h Street, Laude1dale Lakes, Florida
P:/Final Order after Informal Hearing before FEC docx
FEC Case# 13·232
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 39•h 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 Flozida Elections Commission at I 07 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 dghthand cornet of the first page of the order.
P:/F'inal Order
Informal Hearing before FBC doc:x
FEC Case# ll·232
MEMORANDUM
To:
Hon. Barrington A. Russell, Sr., Mayo r, and Members, C ity Commission
C ity of Lauderdale Lakes
From:
John W. Scott, Inspector Genera' t . 4
Date:
June 22, 2015
Subject:
OIG Memorandum Re: Eric L. Haynes Elections Law Violation,
Ref. OIG 12-025
'tifJ
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 Commissio n (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).
O n May 20, 20 15, the FEC found Mr. Haynes w ill fully violated Florida Statute Section
104.011 ( l ), false swearing in connection with voting or elections, and assessed a fine of $5 00.
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 lo nger 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
upo n info rmation that Mr. Haynes voted in the November 2012 general e lection using his old
C ity address, when he had already moved. Althoug h the C ity Commission voted against
removing him for residing outside the C ity, following our investigatio n, the OIG found probable
cause to believe that Mr. Haynes vio lated the elections laws by voting in the November 2012
general electio n after he fal se ly swore or affirmed to residing at an address w ithin the City.
Thus, in August 2013 we referred the matter to the FEC for its independent assessment. We d id
no t publish any report or memorandum pending the o utco me the FEC's findings.
1
2
The City cha1ter did not permit Mr. Haynes to run for reelection in November20 14, when he was term-lim ited.
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-T IPS
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. A s 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 record s reviews,
includ ing those of the Broward County P roperty Appraiser's Office, the Florida Department of
Highway Safety and Motor Vehicles, the Broward S upervisor 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 omitted 3 ] , 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 pro pe1t 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 w ith 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 omitted 4 ] 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 vanda lism 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.fi·om the 10821 (Parkland) address, not from the 4770 (C ity)
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 O ICI
PAGE30f'5
Our investigation established the fo llowing timeline regarding Mr. Haynes's residency :
5/26/ 12
8/ 1/ 12
8/22/ 12
11 /3/12
12/18/ 12
2/26/ 13
1/02/ 13
3/20/ 13
4/20/ 13
4/30/ 13
4130113
5/07/ 13
5/ 16/ 13
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.
This is the date that Mr. Haynes claims (to OIG and City Comm ission) was when he
moved into the home at 3880 (City).
Mr. Haynes sells 470 I (City) home to Shei la White.
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 ... "
City records reflect Mr. Haynes's address at 470 1 (City).
Mr. Haynes submits a change of address to the SOE, from 470 I (City) address to the
3880 (City) address.
Mr. Haynes changes his driver's license address from a PO box in Coral Springs to
I082 1 (Parkland).
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).
OIG observes Mr. Haynes 's car at the I082 1 (Parkland) address.
OIG contacts Mr. Haynes fo r an interview about his residency.
Mr. Haynes changes his Florida driver's license address from I082 1 ( Parkland) to
3880 (City).
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 I082 1 (Parkland) address fo r his driver's
license between I/02/13 and 4/30/13.
Several neighbors around I0821 (Parkland) identify Mr. Haynes and have observed
his car parked there.
On June 7, 20 13, the City C lerk 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. Commi ssioner 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 the re was any violation of Florida election laws. On November 2 1, 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. § l 04.011 ( 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\RDO ICJ
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
F.O. No.: FOFEC 15-116W
v.
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)
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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 of voting 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 39•h Street, Laude1dale Lakes, Florida
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FEC Case# 13·232
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 39•h 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
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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 Flozida Elections Commission at I 07 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 dghthand cornet of the first page of the order.
P:/F'inal Order
Informal Hearing before FBC doc:x
FEC Case# ll·232
