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  • Belden Probable Cause 06192020

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    Doug Belden ethics complaint.

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    Doug Belden ethics complaint.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
    1K views9 pages

    Belden Probable Cause 06192020

    Uploaded by

    Janelle Taylor
    Doug Belden ethics complaint.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 9
    FLORIDA, COMMISSION ON ETHICS JUN 1.9 2000 BEFORE THE RECEIVED STATE OF FLORIDA sat COMMISSION ON ETHICS ITIAL Inre: Doug Belden, Respondent. Complaint No. 19-154 / ADVOCATE’S RECOMMENDATION The undersigned Advocate, after reviewing the Complaint, Response to Complaint, and Report of Investigation filed in this matter, submits this Recommendation in accordance with Rule 34-5.006(3), F. RESPONDENT/COMPLAINANT Respondent, Doug Belden, serves as the Tax Collector for Hillsborough County. Complainant is Alma R. Gonzalez, of Tampa, Florida, JURISDICTION ‘The Executive Director of the Commission on Ethics determined that the Complaint was legally sufficient and ordered a preliminary investigation for a probable cause determination as to whether Respondent violated Sections 112.313(2) and 112313(6), Florida Statutes. The Commission on Ethics has jurisdiction over this matter pursuant to Section 112.322, Florida Statutes. ‘The Report of Investigation was released on May 20, 2020. ALLEGATION ONE Respondent is alleged to have violated Section 112.313(2), Florida Statutes, by soliciting a favor with the understanding that his vote, official action, or judgment would be influenced thereby. APPLICABLE LAW Section 112.313(2), Florida Statutes, provides as follows SOLICITATION OR ACCEPTANCE OF GIFTS. No public officer, employee of an agency, local government attomey, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attomey, or candidate would be influenced thereby. In order to establish a violation of Section 112.313(2), Florida Statutes, the following elements must be proved: 1. __ Respondent must have been either a public officer, a public employee or a candidate for nomination or election. 2. Respondent must have solicited or accepted something of value to him or her, including a gift, loan, reward, promise of future employment, favor, or service. 3. Such solicitation or acceptance must have been based upon an understanding that the Respondent's vote, official action or judgment would be influenced thereby. ANALYSIS Respondent is the Hillsborough County Tax Collector. (ROI 1) Complainant was employed with the Hillsborough County Civil Board (CSB) and serves as the elected State ‘Committee Woman for the Hillsborough County Democratic Executive Committee (HCDEC). (RO14) Complainant alleges that Respondent sent her a series of emails via his public email account to arrange a meeting concerning his re-election campaign. (ROI 2) Complainant further alleges that Respondent informed her in a private email and text message that if she could convince an outside political entity with which she was affiliated to withdraw its support of an opposing candidate, Respondent would then use his influence to help her obtain employment with a local private law firm. (ROI 2) Specifically, Complainant alleges that during her off-duty time from the CSB in July 2019, she met with potential Democratic candidates for Hillsborough County Tax Collector and that those meetings/discussions somehow came to Respondent's attention. (ROI 4) In a series of emails, including the use of his public email address, between July 22, 2019 through August 8, 2019, Respondent attempted to schedule a meeting with Complainant to discuss their “professional relationship.” (ROL 5, Complaint 8-15) On August 9, 2019, Respondent, using his personal address, emailed Complainant the following message: Alma, It is my understanding that you are aggressively trying to run someone against me. I have never personally known you well, nor do I have anything against you. I was bom and raised in Tampa and I know a lot of people from both parties. 1 have also helped many poor people over the years. I have helped people in Tampa and have destroyed people in Tampa. 1 have tried reaching out to you. 1 can possibly help you with a law firm. | J [sic] know every respected and admired lawyers [sic] in town in their respective specialty. Hopefully you understand what 1 am saying. As long as you continue to try to run someone against me there is no reason to meet. Regards, Doug (ROI 5, 7; Complaint 14) On August 10, 2019, Respondent, using his private telephone, texted Complainant the following message: Alma, It is my earnest hope that you understand why I sent you the email. Again, I do not know you personally nor do I have any hatred towards you. I was not the only person to abolish Civil Service, I was the only Constitutional [officer] who reached out to Mike Merrill to help the employees of Civil Service get a new job including you. 1 know that your expertise is in labor law. 1 know all the labor lawyers in town and was willing to reach out to them con your behalf to help you seek employment. I have very strong relationships with people from all walks of life. I was born and raised in Tampa and have networked all my life. I enjoy helping people which many folks will tell you. I have strongly supported individuals from both parties and that is why I have very strong crossover. I very rarely get mad unless it involves my family, close friends, and me. Hopefully one day we will have a chance to mend our relationship and move forward and you can use my name to help you. I wish you the best. Regards, Doug (ROIS, 7; Complaint 14) Complainant's employer, CSB, was disbanded by the County pursuant to an act of the Florida Legislature in January 2019 and effective in October 2019. (ROI 7, 8) Respondent advised that he assisted six former CSB employees find new employment and that Complainant and Victoria Slater were the only two employees who had not acquired new employment. (ROI 7) Former CSB Executive Director Kevin Beckner advised that he is unaware uf any CSB employee who Respondent assisted in finding new employment, (ROI 15) Slater advised that she never received any assistance from Respondent in acquiring new employment. (ROI 14) Beckner advised that Respondent contacted him with a request that Beckner convince ‘Complainant to stop searching for an opponent to his candidacy, a request Beckner refused. (ROI 15) Beckner further advised that Respondent stated that he could help Complainant find ‘employment but that he would not if she continued to seek someone to run against him. (ROI 15) Respondent advised that he initially used his public email by mistake to plan the meeting with Complainant. (ROL 7) The text message was sent from his personal cellular phone which is partially funded by a $600 per month County stipend. (ROI 7) Respondent advised that while his office has a policy (i.¢., 516 Computer and E-mail Usage) which states that the office email system intended for official use only by staff, there is no policy for him in his position as Tax Collector, an elected Constitutional Officer. (ROI 9, 13) Respondent advised that he was notified that Complainant had been speaking negatively about him in public and that she was attempting to recruit someone to run against him in the upcoming clection.' (RO 9) Respondent maintains that he never asked Complainant to not support any other candidate or to stop attempting to recruit an opponent to his candidacy. (RO1 9) He contends that although he expressed his “dissatisfaction” with Complainant's attempts to find a candidate to run against him, he was offering to help Complainant and Slater to find employment. (ROI 9) Respondent contends that his statement, “destroyed people in Tampa,” was not a threat but is a “common phrase” used when someone is upset. (ROI 9) ‘While the written complaint indicates that the “HCDEC voted to assist in the election of a Party member who would qualify to run for the position of Tax Collector...,” IICDEC Executive Director Mark Hanisee, via affidavit, advised that the HCDEC “did not ask the membership for their approval to run a qualified candidate against Hillsborough County Tax Collector Doug Belden.” (ROI 10, 11; Complaint 3-4; Exhibit A) Either way, Respondent acted on Complainant's ‘meetings with potential candidates for the Tax Collector position. In Respondent’s own words, he expressed rage at the thought Complainant would “run someone against [him],” and was so angry that he was willing to document he has “destroyed " Respondent advised that he was planning to run for re-election during the relevant time but has since reconsidered

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