' ' ' ' 1. n Re: Douglas Couvertier CONSENT ORDER The Respondent, Douglas Couvertier, who previously ran for Southwest Ranches City Council and also formed a political committee, "Concerned Citizens of Southwest Ranches," and the Florida Elections Commission (Commission) agree that this Consent Order resolves all of the issues between the parties.. The parties jointly stipulate to the following facts, conclusions of law, and order.. FNDNGS OF FACT 1 On July 15, 2002, the staff of the Commission issued a Statement of Findings, ' recommending to the Commission that there was probable cause to believe that the Respondent violated Section(s), 106143(1) & 106 143(4)(a), Florida Statutes, when Respondent published a political advertisement that did not contain a political disclaimer that stated: a) it was a paid political advertisement, b) the name of the sponsor, c) the content of the advertisement was approved by the candidate, and d) the identity of the person who paid for the advertisement 2 On August 23, 2002, the Commission entered an Order of Probable Cause finding there was probable cause to believe that the Respondent violated Section(s) 106 143(1) & 106.143(4)(a), Florida Statutes CONCLUSONS OF LAW 3 The Commission has jmisdiction over the parties to and subject matter of this cause, pursuant to Section 106 26, Florida Statutes 4 The Respondent neither admits nor denies that he violated Section(s) 106 143(1) P_CO5 (3/01)
& 106.143(4)(a), Florida Statutes ORDER 5.. The Respondent and the staff of the Commission have entered into this Consent Order voluntaiily and upon advice of counsel 6. The Respondent shall bear his own attorney foes and costs that are in anyway associated with this case.. 7. The Respondent understands that before the Consent Order is final agency action the Commission at a public meeting must approve it After approval, the Consent Order is final agency action of the Commission on the violations listed in the Order of Probable Cause 8 The Respondent voluntaiily waives the right to any further proceedings under Chapters 106 and 120, Florida Statutes, and the right to appeal the Consent Order 9. The Respondent will carefolly review Chapter 06, Florida Statutes, and avoid any future violation of the chapter 0. The Respondent shall remit to the Commission a fine in the ainount of $400. The fine shall be paid to the Florida Elections Commission, 107 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida, 32399-1050, as a condition precedent to the Commission's execution of this Consent Order. The Respondent hereby agrees and consents to the terms of this Consent Order on!1-_; --~~"-!~-------' 2002 0 - ~ Douglas Couvertier Alvin Entin, P A AutoNation Tower, Suite 1970 110 Southeast Sixth Street Fort Lauderdale, Florida 33301 P _C0!5 (3/01)
/.,. The Commission staff hereby agree and consent to the terms of this Consent Order on ~~ k_; s>, 2002.., fl Phyllis itampton General Counsel Florida Elections Commission 107 West Gaines Street The Collins Building, Suite 224 Tallahassee, FL 32399-1050 Approved by the Florida Elections Commission at its regularly scheduled meeting held on November 14 & 15, 2002 in Tampa, Florida and filed with the Clerk of the Commission on f/~ :A 5, 2002, in Tallahassee, Florida Florida Elections Commission 107 West Gaines Sheet The Collins Building, Suite 224 Tallahassee, FL 32399-1050 Copies furnished to: Phyllis Hampton, General Counsel Alvin Entin, Attorney fo1 Respondent (certified mail w OPC) P_COl5 (3/01)
, ( ' l! DOUGLAS OR ESTHER COUVERTER 10 0 4 DOUGLAS COUVERTER,JR 9 J.-t_ 17410 S.W. 59TH COURT - {).J...- 63 5 50/iii Tc.oo,oomo = ~ 1m ~' '" PiJ;(b?l~~ ~ $~- ' ~ ~= ~ DOLLARS NCNB National Bank ot Ftorida North Miami Florida FOR,
' FLORDA ELECTONS COMMSSON STATEMENT OF FNDNGS Case Number: FEC 02-076 Respondent: Douglas Couvertier Complainant: Robert L Busch, Jr On March 26, 2001, the Florida Elections Commission received a sworn complaint alleging that the Respondent violated Chapter 106, Florida Statutes. The Commission staff investigated the allegations and based on the facts and conclusions oflaw contained in the Complaint, the Report of nvestigation, and this statement, the staff recommends that there is probable cause to charge the Respondent with: One count of violating Section 106 143(1), Flotida Statutes, failure of a person to mark all political advertisements as a "pd.. pol adv" or a "paid political advertisement" and to identify the sponsor; and One count of violating Section 106 143(4)(a), Florida Statutes, failure of a person to state on a political advertisement on behalf of a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement The staff also recommends that there is no probable cause to charge the Respondent with violating: Section 106.. 071(1), Florida Statutes, failure of a person who makes independent expenditures of $100 or more to file timely periodic reports of the expenditures; Section 106..071(1), Florida Statutes, failure of a person to include the proper disclaimer in a political advertisement paid for by an independent expenditure; and Section 106..143( 4)(b ), Florida Statutes, failure of a person making an independent expenditure for a political advertisement to state on the advertisement that no candidate approved the advertisement Summary of Facts and Conclusions of Law. 1. n June 2000, Respondent initially ran for a city council seat in a newly formed municipality in Broward County, Southwest Ranches However, he withdrew from the race when he learned that his position as a fire fighter in Dade County was in jeopardy if elected.. He also formed a political action committee (PAC) ptior to the election, "Concerned Citizens of Southwest Ranches," and disbanded it a fow months later SofOl 1 (3/02) 1
( ' 2 Complainant is a volunteer coordinator on the city's zoning committee. He was a supporter of Aster Knight, an incumbent candidate in the 2002 city election, whose opponent was supported by Respondent 3 n the 2000 Southwest Ranches election, a mayor and four city council members were elected. n 2002, two council seats were open. l, Section 106.. 071(1), Florida Statutes.. 4 Commission staff investigated whether Respondent violated Section 106 071, Florida Statutes, when he sent a flyer to voters asking them to vote for two city council candidates, Forest Blanton and Wilfredo "Will" Moiales The flyer did not contain an independent expenditure disclaimer, and the Respondent did not file any reports of the expenditures with the filing officer n addition to supporting Blanton and Morales, the flyer is critical of the majority of the city council members, primarily for not keeping their constituents informed 5.. The front side of Respondent's newsletter reads as follows: Your Vote is Needed ( On March 12, 2002, we will be asked to vote into of!ice two Council Members. The power of our vote will determine the philosophy of our governing body. Do we want to continue with the back room politics or do we want a Council that will inform us, give us the facts? Think of what happened at Enron as a result of back room politics and sweetheart deals The majority of our Council seems to think that they know what we want and need They publish a Town Paper that doesn't allow us, the public, to be heard We pay for it but cannot write articles to it. They have meetings that decide how to spend our money, they establish rules to govern us and our town and brag about it (this is a Town that promised to keep things as they were), they approve the purchase of land and decide what will be done with that land, they plan for telephone antennas, a volunteer fire station and road improvements to slow traffic. They apply for government grants without telling us the cost to our Town (grants that can only be used for specific items and don't contribute to our budget but need matching funds that come out of our budget) the list could go on t's not to say that all of these things are bad, what is wrong is that the attempt to inform the people about these changes is minimal, if not lacking People shouldn't have to hear about upcoming changes in their immediate area tluough the grapevine or when the bulldozer starts up The priority to inform us must be the same as that given to acquiring a grant or buying land The changes that will affect us must be discussed, not arbitrarily imposed. The excuse that they had a meeting and you didn't come is a cover for not really wanting you there When our Council has a special meeting and even some members of the Council don't know the specifics to be covered, something is wrong When a two-inch square entry in a number eight font located in the classified area of a newspaper is used as the excuse for notification, something is wrong! So!1H (l/02) 2
Freddy Fisikelli continues to express dissatisfaction and frustration with the lack of information forthcoming. Forest Blanton, at the above special memeting, joined in saying that a more timely method of disseminating information is needed. Wilfredo "Will" Morales, a candidate for District 2, has also gone on record "f you elect me will help ensure that you, the public, are informed " The back room politicians that start and feed rumors to discredit the opposition and have so blatantly genymandered our Districts have repeatedly demonstrated the total contempt for the people of our town 'The Council Members that stated they were against what the people overwhelmingly voted for and broke up the homeowner association, the foundation to our town, must learn that they are representing the people not ruling over them. f the people, by a margin of sixty percent, tell you what they want, the elected representatives are duty bound to cany out their wishes Not whimsically and capriciously do what they want, to eliminate and silence the majority, like Freddy Fisikelli, Forest Blanton and Wilfredo "Will" Morales, ask you to help ensure that our government will be one that adheres to the long established standards of our country That government for the people and by the people means just that Don't let a small group in a back room dictate what will be done, Help ensure that we will be kept informed and that our desires will be canied out Help elect people that will tell us what is going on and will welcome our input, not just give us lip service Forest Blanton and Wilfredo "Will" Morales aie committed to 1epresenting us Freddy Fisikelli needs our suppo1t to ensure that our government truly represents us On the 12 1 " of March, vote for open and visible government!! Concerned Citizen Douglas Couvertier (cdouglas091 l@yahoo com) 6 1he reverse side of the newsletter is divided into thirds and reads: On March 12, 2002 Vote for Forrest Blanton And Wilfredo ''will'' Morales District and District ------------------- ------------ ------------ -- (FOLD)- - - - ---- - - -- -- -- - - - - --- -- soro11 (3/02) 3
Douglas Couvertier 174\0S W. 59Ct Southwest Ranches Fl 33331 cdouglas0911@yahoo.com -------------------------.. --------------------------------(FOLD)------- ------- --------- -------------------.. ----------- Vote On 12 March 2002 ' f you have any question foe! free to email me at cdouglas091 l@yahoo.com 7 Respondent's attorney, Alvin Entin, characterized the flyer as a newsletter and explained that the Respondent had s.ent several similar newsletters out over the past two years.. He enclosed copies of two previous newsletters. They are dated June 23 and July 11, 2000 Both have a political disclaimer that states, "Pd Pol Adv. Concerned Citizens of S.. W Ranches" 8.. Respondent said that he had discussed the newsletters with someone in the Broward County Supervisor of Elections office and was told that he could publish newsletters without registering as a PAC since newsletters are exempt 1 Respondent's attorney noted that Section 106.143(3)(b), Florida Statutes, does not apply to "editorial endorsement by any 1 The definition of"political advertisement" in Section 106..011(17), Florida Statutes, does contain an exception for newsletters and editorials However, for the newsletter exception to apply, the newsletter must be an organization's newsletter and be distributed only to the members of that organization This is not the situation in this case. An editorial endorsement applies only to "a newspaper, radio 01 television station, or other recognized news medium" (emphasis added) Again, this is not the situation in this case. soro11 (3/02) 4
' /,. newspaper, radio, or television station, or any other recognized medium " 2 (emphasis in Mr Entin's Jetter) 9.. Respondent furnished Commission staff two sworn affidavits. He calls the flyer a "political broadside newsletter" and notes that such newsletters have been a recognized medium since Thomas Paine published, "Common Sense" He explains that he wanted to submit his articles to the town newspaper, but he had been told by the administration of the town that the Town Paper would not accept articles from the general public.. 10. Respondent said that he had previously formed PACs as needed to send out newsletters. He most recently formed a PAC to support districts of equal numbers of voters and no at-large representatives in Southwest Ranches.. When he was told he did not have to have a PAC to send out a newsletter, he disbanded the PAC The Respondent could not remember the name of the employee who told him this, but he commented that he thought he could identify her if he saw her face 11. According to Respondent's attorney, the newsletters were sent to residents on "his list " Commission staff contacted Mary Cooney, the deputy supervisor of elections in Broward County. Ms.. Cooney explained that in 2000, when Respondent was the chairman of his PAC, he ordered a CD-ROM list of voters who were eligible to vote on the Southwest Ranches annexation issue and who had voted in the past four elections ( 12 Commission staff contacted the Minuteman Press in Hollywood and interviewed the manager by telephone Mr Taie stated that his company printed and mailed 1,880 copies of the newsletter for $537.48. The manager said the Respondent provided him with a CD-ROM list, which contained names and addresses of the recipients.. A total of 1,137 ballots were cast in the March 12, 2002 election 2 While Respondent's attorney equates newspaper with newsletter, Chapter 106, Floiida Statutes, differentiates the two For example, the definition of"expenditure" in Section 106.. 011(4), Florida Statutes, provides an exception for a newsletter: "Expenditure" means a purchase, payment, disttibution, loan, advance, transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separnte interest-bearing account or certificate of deposit, or gift of money or anything of value made for the purpose of influencing the results of an election However, "expenditure" does not include a purchase, payment, distribution, loan, advance, or gift of money or anything of value made for the purpose of influencing the results of an election when made by an organization, in existence prior to the time during which a candidate qualifies or an issue is placed on the ballot for that election, for the purpose of printing or distr ibuting such organization's newsletter, containing a statement by such organization in support or opposition to a candidate or issue, which newsletter is distributed only to members of such organization (emphasis added) Sot1ll l (3/02) 5
( 13 The two candidates that were endorsed by the Respondent filed their last Campaign Treasurer's Reports on June 10, 2002.. Neither candidate reported an in-kind contribution from Respondent for the mailer at issue. Ms.. Ariel Hayes-Tyner, the town clerk, said that the Respondent did not file an independent expenditure report. Section 106.143(4)(b), Florida Statutes. 14 Section 106.143( 4)(b), Florida Statutes, requires that a political advertisement that is an independent expenditure must contain a statement that no candidate approved the advertisement Respondent's flyer contained no disclaimer.. 15 Commission staff asked Respondent why this political advertisement did not carry a political disclaimer when some of his previous ads were marked as paid political advertisements.. Respondent replied that, " would have prefo11ed to have the Town Newspaper publish this Article. t cost me over five hundred dollars every time send out one of these letters. Please don't stop me from participating in my local goverrunent" 16. Commission staff asked Respondent whether the ad at issue was published without the candidates' knowledge, or whether the candidates had approved it Respondent replied that, "the newsletters were not printed with anyones [sic] advance permission or knowledge They were my views on Town governance and who was best qualified to serve " 17.. Mr Blanton, one of the candidates endorsed by Respondent, told Commission staff that Respondent read the ad to him on the telephone and faxed him a copy of the newsletter Mr Blanton submitted a sworn affidavit to the Commission staff on June 25, 2002, stating: o the best of my recollection, received a call from Douglas Covertier in January or February, 2002 Mr.. Covertier asked if would object if he included a statement of support for my candidacy for 1 e-election to the Southwest Ranches Town Council, in a newsletter he would be distributing At about the same time, Mr. Covertier also faxed me a copy of his newsletter told Mr. Covertier that had no objection to his endorsement Mr. Covertier did not discuss the cost of the newsletter with me nor did he provide me with any invoices. 18. Mr.. Morales, the other candidate endorsed by Respondent, told Commission staff that Respondent also advised him of the endorsement in the newsletter prior to the newsletter being distributed Mr Morales submitted a statement, "Please note that was aware of Mr Doug Covertier writing about me in his newsletter - and further more as explained as long as can remember Mr. Covertier has been writing a newsletter" 19. Under these circumstances, recommend that the Commission find no probable cause to charge the Respondent with violating Sections 106 071(1) or 106J43(4)(b), Florida Sot1ll l (3/02) 6
( Statutes, since the political advertisement was not paid for by an independent expenditure as defined in Section 106.Ol1(5)(a), Florida Statutes 3. Sections 106.143(1) & 106.143(4)(a), Florida Statutes. (Count 1 & 2) 20.. f Respondent's political advertisement was not paid for by an independent expenditure, the advertisement should have complied with Sections 106 143(1) and 106.143(4)(a), Florida Statutes 21 Section 106 143(1 ), Florida Statutes, requires all political advertisements to be marked as a "pd pol. adv " or a "paid political advertisement" and to identify the sponsor Section 106..143(4)(a), Florida Statutes, requires a person to state on a political advertisement that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement 22 The Respondent views his publication as a newsletter However, when the newsletter supports or opposes candidates it must have a political disclaimer A proper disclaimer could have read: V.. Conclusion.. "Paid Political Advertisement" or "PD. POL ADV" Paid for by Douglas Couvertier and Approved by Forrest Blanton and Wilfredo "will" Morales 23 The Respondent has published newsletters in the past that contain political disclaimers which shows that he is aware that Chapter 106, Florida Statutes, governs political advertising While he discussed whether he needed to register as a political committee with the staff of the local supervisor of elections office, he did not ask whether a political disclaimer was required and, if one were required, what did it need to state.. 24.. On June 13, 2000, when Respondent ran for the Southwest Ranches council seat, he signed a Statement of Candidate, certifying that he had received, read and understood the requirements of Chapter 106, Florida Statutes.. 3 Section 106 011(5)(a), Florida Statutes, defines "ndependent Expenditure" as: (S)(a) "ndependent expenditure" means an expenditure by a person for the purpose of advocating the election or defeat of a candidate or the approval or rejection of an issue, which expenditure is not controlled by, coordinated with, or made upon consultation with, any candidate, political committee, or agent of such candidate or committee An expenditure for such purpose by a person having a contract with the candidate, political committee, or agent of such candidate or committee in a given election period shall not be deemed an independent expenditure.. (emphasis added) SofO (3/02) 7
/ / 25.. The candidate handbook, which is published by the Division of Elections, has 10 pages devoted to political disclaimers n addition, the Division has authority to issue opinions on questions relating to the Election Code to candidates.. The Respondent's local filing officer or the Broward County Supervisor of Elections Office could answer political disclaimer questions or call the division for information to assist the local candidates 26.. Under these circumstances, recommend that the Commission find probable cause to charge the Respondent with one count of violating Section 106 143(1) and one count of violating Section 106.143(4)(a), Florida Statutes, as it appears that the Respondent's actions were willfolly committed as defined in Section 106 37, Florida Statutes 4 Respectfully submitted on July 15, 2002, Copy furnished to: Barbara M.. Linthicum, Executive Director Faye Basiii, nvestigator Specialist 4 Section 106 37, Florida Statutes, provides that a person willfolly violates Chapter 106, Florida Statutes, if the person: commits an act while knowing that, or showing reckless disregard for whether, the act is prohibited or does not commit an act while knowing that, or showing reckless disregard for whether the act is required. A person knows that an act is prohibited or required if the person is aware of the provision which prohibits or required the act, understands the meaning of that provision, and performs the act that is prohibited or fails to perform the act that is required A person shows reckless disregard for whether an act is prohibited or required under this chapter if the person wholly disregards the law without making any reasonable effort to determine whether the act would constitute a violation. Sot1H l (3/02) 8