October 2 nd, I would direct you to Opinion 1 of 2014 of the New York State Board of Elections that states:

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1 October 2 nd, 2017 David Moore, Director Office of Public Integrity 45 Exchange Boulevard Rochester, NY Dear Director Moore: I am writing to register a formal complaint with your office concerning several instances of impropriety involving Sheriff Patrick O Flynn and Undersheriff Drew Forsythe that warrants review by your office. First, as you are aware, New York State Election Law prohibits law enforcement officers not running for political office from appearing at political events in their uniforms. There have been numerous instances of Undersheriff Drew Forsythe appearing at parades in uniform marching and dancing with volunteers supporting Sheriff s O Flynn s re-election. The marchers are carrying a banner that lists Sheriff O Flynn s name and the political parties that are supporting his re-election. In addition, Sheriff O Flynn s recent television ad clearly features taxpayer funded resources, included two uniformed personnel and 2 Sheriff s patrol vehicles. I would direct you to Opinion 1 of 2014 of the New York State Board of Elections that states: Question Presented: May a police officer or chief endorse a political candidate while in uniform? Uniform Issue As no one could question that a police officer in uniform is displaying official authority, it is axiomatic that an endorsement of a political candidate by an officer or chief, in uniform, is a violation of Election Law (1). The use of the uniform as a prop adds the weight of the police office to the endorsement and accomplishes the very evil which Election Law (1) would avoid. The effectiveness of such endorsement is not at issue as the statute prohibits the attempt to influence the citizenry. To the extent that 1983 Opinion #9 references a need to determine the facts surrounding the endorsement is given and whether or not it was given in such a way as to intimidate or coerce a voter on a case by case basis, as relates to appearances in uniform, a clear rule is hereby enunciated by the Board: a police officer may not endorse a political candidate, either verbally or by his or her appearance at a campaign event, while in uniform, or similarly may not deliberately or knowingly appear in any political communication as so defined in Election Law , while in uniform. 1

2 I also believe that Undersheriff Forsythe s conduct is a violation of the Hatch Act. While the Hatch Act does allow covered employees to campaign for or against candidates for partisan elections, they must not do so in their official capacities. Mr. Forsythe s appearance at these political events in uniform are a violation of this condition. I have filed a complaint with the Office of Special Counsel, but am requesting you include this in your investigation. Attached you will find screen shots from Sheriff O Flynn s campaign Facebook Page documenting these instances. Another troubling occurrence is use of Monroe County DARE vehicles in various parades with a contingent of Sheriff O Flynn s campaign volunteers. These vehicles were paid for with U.S. Department of Justice s Equitable Sharing Program, which prohibits the use of assets for political purposes. The appearance of these vehicles in numerous parades with O Flynn campaign volunteers violates this prohibition. Furthermore, a County employee was paid to drive this vehicle. Included is a video of the car appearing in the Rush Fireman s parade. Sheriff O Flynn s Campaign Facebook Page (it has been used to solicit campaign contributions) has numerous post that violate police protocol by featuring a large number of members of the Monroe County Sheriff s Department in uniform. As a former Chief of Police, I m sure you can appreciate the inappropriateness of these Department staff members having their pictures taken by fellow County employees during work hours. In many of these instances, the posts are made during work hours, and share photos and videos with the official government page, raising the issue of what equipment and resources are being used, and if government employees are making political posts while on government time. Lastly, Sheriff O Flynn s campaign recently launched a television ad that has appeared repeatedly on network stations as well as on his campaign Facebook Page. In this add, two Sheriff s Office patrol vehicles and 2 officers are prominently featured. While the faces of the officers appear to be blurred to avoid recognition, their uniforms clearly are not. I respectfully request that you review all matters issues above, and make any required referrals to the appropriate law enforcement and/or compliance agencies. I ve attached a sheet that shows some of these violations. Thank you in advance for your attention to this matter. If you have any questions about the issues raised in this letter, please do not hesitate to contact me. Respectfully submitted, Jamie Romeo Jamie.romeo4@gmail.com 2

3 Example 1 Posted to MCSO Facebook Posted to O'Flynn Campaign Page Please note that the attached video was reposted using a native file indicating the actual video was posted to both pages from potentially the same user Example 2 The above video shows O Flynn speaking at a campaign fundraiser in front of the county flag. This post on his campaign page includes a request for donations to his campaign fund. 3

4 Example 3 County D.A.R.E Car Political campaign banner County D.A.R.E. car County D.A.R.E Cars Photo from same parade in front of political campaign banner Photos above are from two separate parades where the O Flynn campaign marched with 1 or 2 MCSO D.A.R.E cars 4

5 Example 4 Photos utilized on O Flynn campaign page (also from MCSO Facebook page) featuring Deputies. Example 5 Photo posted on the MCSO Facebook page and later used on the O Flynn campaign page. This further illustrates no clear distinction between the campaign Facebook and the MCSO Facebook page. 5

6 Example 6 Television commercial featured in recent ad buy but also online on the O Flynn campaign page. Prominent use of taxpayer funded resources (Sheriff s patrol vehicles) and uniform personnel. 6