In Re: Kyle Joseph Chrietzberg STATE OF FLOPJDA FLORIDA ELECTIONS COMMISSION I fti r.. rt'!,.,., - C-J - t :!:~~ C.i.. - -- : r ; - ) -.. j -.. '. ' '""'" -- _:. - ) - '_J.-.. "',:... --:, Case No.: FEC 00-087 :-.:. F.O. No.: DOSFEC 01-073 W.::.::::i -... rr1 0 w -0- (,0 C:J. -- i FINAL ORDER THIS CAUSE came on to be heard at an informal hearing held before the Florida Elections Commission (Commission) on January 31 & February 1, 2001, in Miami, Florida. APPEARANCES For Commission: For Respondent: Phyllis Hampton Gcmeral Counsel Florida Elections Commission Room 2002 The Capitol Tallahassee, FL 32399-1050 Kyle Joseph Chrietzberg 304 N.W. Crystal Street Crystal River, Florida 34428 STATEMENT OF THE ISSUE Whether the Respondent willfully accepted a contribution after the candidate withdrew, became unopposed, was eliminated, or elected on one occasion, and whether the Respondent incurred an expense for the purchas~ of goods or services without sufficient funds on deposit in the primary campaign depository to pay the full amount of the incurred expensed, to honor all outstanding checks, and to pay all previously authorized but unpaid expenses on two separate occasions. PRELIMINARY STATEMENT On March 20, 2000, the Commission received a sworn complaint alleging violations of
for the campaign without sufficient funds on deposit in the campaign depository to pay the full amount of the incurred expenses, to honor all outstanding checks, and to pay all previously authorized but unpaid expenses. 4. Respondent reported a $675.51 obligation to Signs Now on October 21, 1999. Based on the account balance for that date, the campaign did not have sufficient funds on deposit to pay the obligation. The deficit remained until a $2,000 contribution and deposit from Respondent on November 8, 1999. 5. Respondent reported a $1,341.96 obligation to Excel printing for fliers and mailing of the fliers on December 8, 1999. Based on the account balance for that date, the campaign did not have sufficient funds on deposit to pay the obligation. The deficit remained until a $500 contribution and deposit from Respondent on December 28, 1999. 6. The Crystal River City Clerk, Shirley Carroll, provided the Respondent a copy of. Chapter 106, Florida Statutes, and a candidate handbook on September 22, 1999. On September 30, 1999, Respondent signed the Statement of Candidate form acknowledging that he received, read, and understood the requirements of Chapter 106, Florida Statutes. On the same date, Respondent appointed himself as treasurer of his campaign. 7. The candidate handbook provided to Respondent, Preliminary 1999-2000 CANDIDATE HANDBOOK ON CAMPAIGN FINANCING, states on page 19 of the handbook: "Once a candidate is elected, defeated, becomes unopposed or withdraws as a candidate, he may not accept contributions." The section continues on pages 19 and 20 to discuss how to return the late contributions and states that the late contributions "cannot be used or expended." 8. The Respondent is not a first time candidate. He ran for Crystal River City Council in 1993, 1994, and 1995. On all three previous occasions, he also signed the Statement of Candidate form stating that he had receive, read, and understood Chapter 106, Florida F aa004 ( 119 8)
Statutes. CONCLUSIONS OF LAW 9. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section 106.26, Florida Statutes. 10. The Respondent did not comply with Section(s) 106.141(1), Florida Statutes, on one occasion by accepting a $500 campaign contribution from himself on December 28, 1999 after he was elected to office on December 14, 1999. 11. The Respondent did not comply with Section 106.11 (3), Florida Statutes, on two occasions when he incurred expenses for outdoor signs and expenses for flyers for the campaign without sufficient funds on deposit in the campaign depository to pay the full amount of the incurred expenses, to honor all outstanding checks, and to pay all previously authorized but unpaid expenses. 12. The Respondent did not comply with the provisions of Section 106.141(1), and Section 106.11 (3), Florida Statutes, and the non-compliance was willful as defined in Section 106.37, Florida Statutes. ORDER Based upon the foregoing facts and conclusions of law, the Commission finds that the Respondent violated Section(s) 106.141(1) & 106.11(3), Florida Statutes. Therefore, it is ORDERED that the Respondent shall remit a civil penalty in the amount of $1,000. The civil penalty shall be paid to the Commission, Room 2002, the Capitol, Tallahassee, Florida 32399-1050, within 30 days of the date this Final Order is received by the Respondent. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on February 13, 2001, Tallahassee, Florida.
Florida's election laws. The staff of the Commission conducted an investigation to determine whether the facts alleged in the complaint constituted probable cause to believe that the Respondent violated the following section(s) of Chapter 106, Florida Statutes: Section 106.141(1), Florida Statutes, prohibiting a candidate from accepting a contribution after the candidate withdraws, becomes unopposed, is eliminated, or elected on one occasion; and Section 106.11 (3), Florida Statutes, prohibiting a candidate from incurring an expense for the purchase of goods or services without sufficient funds on deposit in the primary campaign depository to pay the full amount of the incurred expenses, to honor all outstanding checks, and to pay all previously authorized but unpaid expenses on two separate occasions. On August 30, 2000, the staff drafted a Statement of Findings recommending to the Commission that there was probable cause to believe that Chapter 106, Florida Statutes, was violated. On November 6, 2000, the Commission entered an Order of Probable Cause finding that there was probable cause to believe that the Respondent violated Section(s) 106.141(1), and Section I 06.11 (3), Florida Statutes. The Respondent timely requested an informal hearing and was noticed to appear before the Commission on January 31, 2001. At the informal hearing, the staff presented the undisputed facts contained in the Statement of Findings. The Respondent appeared at the hearing. FINDINGS OF FACT 1. The Respondent was a candidate for the City of Crystal River Council Seat 3. The Complainant is the former Finance Director for the City of Crystal River. 2. The Respondent accepted a $500 campaign contribution from himself on December 28, 1999 after he was elected to office on December 14, 1999. The contribution cut off date for the December 14th election was December 9, 1999. 3. The Respondent also incurred expenses for outdoor signs and expenses for flyers
ka..~~- Susan A. MacManus, Chairman Florida Elections Commission Room 2002, The Capitol Tallahassee, FL 32399-1050 NOTICE OF RIGHT TO APPEAL Pursuant to Section 120.68, Florida Statutes, the Respondent may appeal the Commission's Final Order to the appropriate district court of appeal by filing a notice of appeal both with the Clerk of the Florida Elections Commission and the Clerk of the district court of appeal. The notice must be filed within 30 days of the date this Final Order was filed and must be accompanied by the appropriate filing fee. Copies furnished to: Phyllis Hampton, General Counsel Kyle Joseph Chrietzberg, Respondent (certified mail) Helene Morris, Complainant City of Crystal River Clerk, Filing Offi.cer