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1 13 NAR! 3 AN!0: llb STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: William Mettrick Case No.: FEC: ~/ F.O. No.: W CONSENT ORDER The Respondent, William Mettrick, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all pending issues between the parties in this case The parties jointly stipulate to the following facts, conclusions of law, and order.. FINDINGS OF FACT 1 The Respondent was a candidate for Mayor for the City of West Melbourne, Florida 2 On August 29, 2012, the Commission received a sworn complaint alleging that Respondent violated the following section(s) of The Florida Election Code on two occasions: Section (1), Florida Statt1tes: Bill Mettrick, member of the West Melbourne City Council, accepted excessive cash contributions, as alleged in the complaint Section (1)(a), Florida Statutes: Bill Mettrick, member of the West Melbourne City Council, improperly made campaign expenditures other than by a check drawn on his campaign account, as alleged in the complaint J. No other legally sufficient violation of Chapter I 04 or I 06, 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.. C_o 005 (!0/08)
2 . ' 5.. If the alleged violation occmred less than 14 days befoie the election in which the Respondent is pruticipating, the complainant did not allege that the political advertisement was either deceptive or influenced the outcome of the election. 6.. Respondent used his nrune in the political advertisement CONCLUSIONS OF LAW 7.. The Commission has jmisdiction over the pruties to and subject matter of this cause, pmsuant to Section , Florida Statutes The Commission considers the allegation(s) contained in the complaint a minor violation, putsuant to Rule 2B- L003, Florida Administrative Code 9.. The Respondent neither admits nor denies that he violated Section106J43(l)(a)(I), Florida Statutes, on one occasion.. ORDER I 0.. The Respondent and the staff of the Commission have entered into this Consent Order volui!taiily and upon advice of coui!sel I L The Respondent shall beru his own attomey fees and costs that ru e in anyway associated with this case.. I2.. The Respondent UI!derstands 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 next available meeting The Respondent volui!taiily waives the right to any further proceedings UI!der Chapters 106, and I20, Florida Statutes, and the right to appeal the Consent Order. I4.. The Respondent will crudully review Chapter I 06, Florida Statutes, and avoid any futute violation of the chapter The Respondent agrees to correct immediately, if feasible, the violations alleged
3 in the complaint 16.. If the Commission does not receive the signed Consent Order and the fine within 20 days of the date you received this o1der, the staff' withdraws this offer of settlement and will proceed with an investigation of the allegations in the complaint 17.. The Respondent shall remit to the Commission a fine in the amount of $ The fine shall be sent to the Florida Elections Commission, 107 W.. Gaines Street, Collins Building, Room 224, Tallahassee, Floiida, , as a condition precedent to the Commission's execution of this Consent Order.. The Respondent hereby agrees and consents to the te1ms of this Consent Order on Ventuia Chcle West Melboume, FL ~~- Wayne Rubinas, Executive Director Florida Elections Commission I 07 W.. Gaines Street Collins Building, Suite 224 Tallahassee, FL ~pproved by the Flmida Elections Commission at its regulady scheduled meeting held on '6. If', 2013, in Tallahassee, Flo1ida..
4 Tim Holl ay, Chairman Flotida Elections Commis n Date I I Copies fumished to: Wayne Rubinas, Executive Director William Mettrick, Respondent
5
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