Donald J. Lunny, Jr. Partner donald.lunny@brinkleymorgan · 20.04.2020 · Please consider this...
Transcript of Donald J. Lunny, Jr. Partner donald.lunny@brinkleymorgan · 20.04.2020 · Please consider this...
Donald J. Lunny, Jr. | Partner [email protected]
Board Certified City, County & Local Government Lawyer
One Financial Plaza 100 SE 3rd Avenue, 23rd Floor Fort Lauderdale, Florida 33394 (954) 522-2200 (954) 522-9123 Facsimile 2255 Glades Road, Suite 414E Boca Raton, Florida 33431 (561) 241-3113 (561) 241-3226 Facsimile www.brinkleymorgan.com
Please reply to Fort Lauderdale The Honorable John W. Scott Via E- Mail (Only) Inspector General Broward Office of the Inspector General April 21, 2020 One North University Drive, Suite 111 Plantation, FL 33324 Re: Village of Lazy Lake – Report Concerning 2020 Municipal Elections Cycle Dear Inspector General Scott:
Please consider this letter a report concerning the Village of Lazy Lake’s activities with respect to the March 2020 Lazy Lake municipal general election cycle. The Mayor, Evan Anthony, has authorized my signing and sending this report to you.
In preparing this report, I have been given information by the Mayor (Evan Anthony) and by
the Village Qualifying and Election Agent concerning when certain things occurred which may not otherwise be apparent from the relevant document’s inspection when referenced in the separate set of 21 Exhibits which accompany this Report. The Village’s Report concerning the Village’s 2020 Municipal Elections Cycle is as follows:
1. I have been advised by the Mayor that he attended the Office of the Broward County Supervisor of Elections’ (SOE) Municipal Training Meeting on October 30, 2019.
2. As suggested by the SOE, the Village signed on November 19, 2019 an agreement with the SOE entitled, “Agreement For Municipal Elections”. A copy of this Agreement is attached as Exhibit “1”. This Agreement was authorized by vote of the Village Council on November 19, 2019.
3. In addition (and as suggested by the SOE), the Village signed on November 19, 2019, an
agreement entitled, “Candidate Financial Reporting System Agreement for Municipalities”. A copy of this Agreement is attached as Exhibit “2.” This Agreement was authorized by a vote of the Village Council on November 19, 2019.
The Honorable John W. Scott Inspector General April 21, 2020 Page 2
4. On December 10, 2019, the Village Council approved retaining Ms. Tedra Allen to
provide independent contractual services to the Village as a Qualifying and Election Agent. Ms. Allen is a Certified Municipal Clerk, and is an active Member of the Florida Association of City Clerk (FACC), the International Institute of Municipal Clerks (IIMC), and the Broward County Municipal Clerks Association. Ms. Allen has been privileged to serve as the Town Clerk of the Town of Lauderdale by the Sea for over five (5) years, and is experienced in local election procedures. A copy of Village Resolution No. [2019-] 14 is attached as Exhibit “3”.
5. Consistent with Section 1 of Article X of the Village Charter, the Mayor signed a “Call
and Proclamation for a Municipal General Election” on December 17, 2019, a copy of which is attached as Exhibit “4”. I have been advised by the Village Qualifications and Election Agent that a copy of this signed Proclamation was posted on the Village’s website on or about December 20, 2020, where it remained until the end of the Qualifying Period. Additionally, I have been advised by the Mayor that he posted a copy of the signed Proclamation on the Village notice board sometime between December 17, 2020 and December 20, 2020, where it remained until the end of the Qualifying Period.
6. In order to save money on election-related costs by scheduling the Village‘s municipal general election date so as to coincide with the date of the Florida Presidential Preference Primary, the Village Council enacted Emergency Ordinance No. 2019-1 on December 23, 2019. A copy of this Ordinance is attached as Exhibit “5”. A copy of this enacted Ordinance was also posted on the Village’s website sometime during the December 23-27, 2020 timeframe (the Village Qualifications and Election Agent believes the posting date was December 26, 2019).
7. Consistent with Fla. Stat. § 100.021 (2019), the Village published a “Village of Lazy Lake Notice of 2020 General Election” advertisement in the Sun Sentinel newspaper on Sunday, December 22, 2019 and Sunday, December 29, 2019, as evidenced by the Publisher’s proof and invoice attached as Exhibit “6.” Given the preceding publication dates, the advertisement was published twice within the thirty (30) day period prior to the commencement of the 2020 Village General Election Qualifying Period. A copy of this Notice was also posted on the Village’s website sometime during the December 23-27, 2020 timeframe (the Village Qualifications and Election Agent believes the posting date was December 26, 2019).
8. During the Qualifying Period, the Village Qualifications and Election Agent received
the following qualifying documents which were determined sufficient for qualifying purposes by the Village Qualifying and Election Agent:
The Honorable John W. Scott Inspector General April 21, 2020 Page 3
(a) from Evan Anthony for the Office of Mayor, see Composite Exhibit “7”;
(b) from John Boisseau for the Office of Councilmember, see Composite Exhibit
“8”;
(c) from Sally Boisseau for the Office of Councilmember, see Composite Exhibit “19”;
(d) from Carlton Kirby for the Office of Councilmember, see Composite Exhibit “10”;
(e) from Patrick Kaufman for the Office of Councilmember, see Composite Exhibit
“11”; and
(f) From Raymond Nyhuis for the Office of Councilmember, see Composite Exhibit “12”.
No other persons residing in the Village submitted qualifying documents during the Qualifying Period.
9. On January 9, 2020, at 2:30 PM, the Village Qualifying and Election Agent sent an e-
mail to Mr. John Way, the Director of Public Services of the SOE, which listed the names of the persons who qualified for the Village 2020 General Election, and which states: “Also please note that all candidates are unopposed, therefore, there is no need for an election. Please confirm.” A copy of this email is attached as Exhibit “13”, and the XCEL spreadsheet attached to this e-mail displaying the names of the Village’s qualified candidates is attached as Exhibit “14.”
10. On January 13, 2020, at 2:43 PM. Mr. John Way confirmed there was nothing more required of the Village vis-à-vis the 2020 Municipal General Election. He also confirmed the Village Qualifying and Election Agent’s understanding that candidates who did not open a campaign account or take contributions do not need to file any campaign reports including the termination report. This “chain” of e-mail is attached as Exhibit “15”.
11. Oaths of Office have been administered and signed as follows:
(a) On February 18, 2020, by Evan Anthony, see Composite Exhibit “16”;
(b) On February 18, 2020, by John Boisseau, see Composite Exhibit “17”;
The Honorable John W. Scott Inspector General April 21, 2020 Page 4
(c) On February 18, 2020, by Sally Boisseau, see Composite Exhibit “18”;
(d) On February 25, 2020, by Carlton Kirby, see Composite Exhibit “19”;
(e) On February 18, 2020, by Patrick Kaufman, see Composite Exhibit “20”; and,
(f) On February 18, 2020, by Raymond Nyhuis, see Composite Exhibit “21”.
The Mayor has requested that I communicate to you that the Village sincerely appreciates
the way in which your Office has addressed this important matter.
Cc: w/ Exhibits: Ms. Carol “Jodie” Breece, Esq., General Counsel, Office of the Inspector General Mayor Evan Anthony Members of the Village Council Ms. Tedra Allen, 2020 Village Qualifying and Election Agent 018862-18001 [1258]
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Index to Exhibits
Referenced in Letter to the Honorable John W. Scott, Inspector General Re:
Village of Lazy Lake – Report Concerning 2020 Municipal Elections Cycle
1. Agreement For Municipal Elections
2. Candidate Financial Reporting System Agreement for Municipalities
3. Resolution No. [2019-] 14
4. Call and Proclamation for a Municipal General Election 5. Emergency Ordinance No. 2019-1 6. Publisher’s proof and invoice for Village of Lazy Lake Notice of 2020 General
Election
7. Qualifying Documents received from Evan Anthony for the Office of Mayor
8. Qualifying Documents received from John Boisseau for the Office of Councilmember
9. Qualifying Documents received from Sally Boisseau for the Office of Councilmember
10. Qualifying Documents received from Carlton Kirby for the Office of Councilmember
11. Qualifying Documents received from Patrick Kaufman for the Office of Councilmember
12. Qualifying Documents received from Raymond Nyhuis for the Office of Councilmember
13. January 9, 2020, at 2:30 PM E-Mail from the Village Qualifying and Election Agent sent an e-mail to Mr. John Way, the Director of Public Services of the SOE, which listed the names of the persons who qualified for the Village 2020 General Election,
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and which states: “Also please note that all candidates are unopposed, therefore, there is no need for an election. Please confirm.”
14. XCEL spreadsheet attached to Exhibit 14 E – Mail displaying the names of the
Village’s qualified candidates 15. Chain of E-Mail resulting in Mr. Way’s January 13, 2020, at 2:43 PM. confirmation that
there was nothing more required of the Village vis-à-vis the 2020 Municipal General Election, and confirmation of the Village Qualifying and Election Agent’s understanding that candidates who did not open a campaign account or take contributions do not need to file any campaign reports including the termination report.
16. Oaths of Office for Evan Anthony
17. Oaths of Office for John Boisseau
18. Oaths of Office for Sally Boisseau
19. Oaths of Office for Carlton Kirby
20. Oaths of Office for Patrick Kaufman
21. Oaths of Office for Raymond Nyhuis
018862-18001 [3738802]