palm beach county commission on ethics ... #: work#: cell#: 561-414-9029 2. respondent (person...

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PALM BEACH COUNTY COMMISSION ON ETHICS 300 North Dixie Highway, Suite 450, West Palm Beach, Florida 33401 Hotline: 877-766-5920 or 561-355-1915 COMPLAINT FORM 1. Complainant (Person bringing Complaint) Add pages, if necessary. Please list all information where you would like to be contacted. Our preference is email. Name: Lewis Kasman E-Mail [email protected] Address: PO BOX 480546 City: Delray Beach, FL Zip: 33448-0546 ------------------ Home #: Work#: Cell#: 561-414-9029 2. Respondent (Person against whom complaint is made) Add pages, if necessary. Please provide as much information as possible. Name: Sen. Joseph Abruzzo E-Mail Address: 12300 Forest Hill Blvd. Suite 200 City: Wellington, FL 33414-4774 Zip: Home#: 850-487-5025 Work#: 561-791-4774 Ce ll #: 888-284-6495 ( FAX) Title/Office Held or Sought: The Florida Senate --- __. -------------------------------------------------------------------------------- 3. IF KNOWN, CHECK THE BOX OR BOXES THAT APPLY Allegation is against person in Allegation is about County: County/Municipal Government Whistleblower Retaliation 4. STATEMENT OF FACTS BASED ON YOUR PERSONAL KNOWLEDGE In a separate attachment, please describe in detail the facts and actions that are the basis of your complaint, including the dates when the actions occurred. Also attach any relevant documents as well as names and contact information of persons who may be witnesses to the actions. If known, indicate the section of the ordinance you believe is being violated. For further instructions, see page 2 of this form. 5. OATH I, the person bringin this complaint, do depose on oath or affirmation a d say that the facts set forth in the foregoing comp aint and are true corr ct,< to t e b st of my knowledge and belief. RECEIVED JUL 3 0 2014 Commlss by: STATE OF FLO:WDA D Ll COUNTY OF t"A i-M. Q eit-C n Sworn to. (or and subscribed before me this of Vu.L Y , 2014, by L BNI s ! -<.A S HAN (Name of Person Making Statement) who is personally known to me produced identification Type of . , _ produced: F 1- D L K. '::> '-' I Y D (Si (Print, Type, or Stamp Commissioned Name ofNotary Public)

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PALM BEACH COUNTY COMMISSION ON ETHICS 300 North Dixie Highway, Suite 450, West Palm Beach, Florida 33401

Hotline: 877-766-5920 or 561-355-1915

COMPLAINT FORM

1. Complainant (Person bringing Complaint) Add pages, if necessary. Please list all information where you would like to be contacted. Our preference is email.

Name: Lewis Kasman E-Mail [email protected]

Address: PO BOX 480546

City: Delray Beach, FL Zip: 33448-0546 ------------------Home #: Work#: Cell#: 561-414-9029

2. Respondent (Person against whom complaint is made) Add pages, if necessary. Please provide as much information as possible. Name: Sen. Joseph Abruzzo E-Mail

Address: 12300 Forest Hill Blvd. Suite 200 City: Wellington, FL 33414-4774 Zip:

Home#: 850-487-5025 Work#: 561-791-4774 Cell #: 888-284-6495 ( FAX)

Title/Office Held or Sought: The Florida Senate --- __. --------------------------------------------------------------------------------

3. IF KNOWN, CHECK THE BOX OR BOXES THAT APPLY Allegation is against person in Allegation is about County: County/Municipal Government Whistleblower Retaliation

4. STATEMENT OF FACTS BASED ON YOUR PERSONAL KNOWLEDGE In a separate attachment, please describe in detail the facts and actions that are the basis of your complaint, including the dates when the actions occurred. Also attach any relevant documents as well as names and contact information of persons who may be witnesses to the actions. If known, indicate the section of the ordinance you believe is being violated. For further instructions, see page 2 of this form.

5. OATH

I, the person bringin this complaint, do depose on oath or affirmation a d say that the facts set forth in the foregoing comp aint and ~ttachments are true

corr ct,<to t e b st of my knowledge and belief.

RECEIVED

JUL 3 0 2014

Commlss by:

STATE OF FLO:WDA D Ll COUNTY OF t"A i-M. Q eit-C n Sworn to. (or affirm~ and subscribed before me this ~day of Vu.L Y , 2014, by

L BNI s !-<.A SHAN (Name of Person Making Statement)

who is personally known to me ~or produced

identification ~· Type of ~de~tification . , _ produced: F 1- D L K. ~S~- '::> ~o-Slo- '-' I Y D

(Si

(Print, Type, or Stamp Commissioned Name ofNotary Public)

July 26, 2014

• • • Lewis Kasman P.O. BOX 480546 Delray Beach, FL 33448

[email protected]

Palm Beach County Commission on Ethics State of Florida 300 North Dixie Highway, Suite 450 West Palm Beach, FL 33401

RE: SENATOR JOSEPH ABRUZZO

Dear Commissioners:

I write you regarding the above named Senator. According to the Weiss Handler web site Mr. Abruzzo is a "Government Relation's & Public Policy Consultant" for Henry B. Handler et al. In a separate matter see enclosed Mr. Abruzzo's new wife Brandy Smith now Abruzzo has used the services of Weiss Handler and Cornwell, P.A. in her Marital matters.

Mrs. Abruzzo has bragged how her husband (Sen, Abruzzo) can have Weiss Handler "FIX" cases before Judges Colin and French. Has Brandy Smith Abruzzo PAID Weiss Handler for their services rendereM (See attached) Has Sen. Joseph Abruzzo PAID Weiss Handler for their services rendered 1 Ca;e Fixing Fraud and Corruption. 7 7 7

I • .. •

Of course, as this commission is fully aware Member MichaelS. Kridel Must recuse himself in this matter due to the fact of his relationship with Henry B, Handler and Carol A. Kartagener of Weiss Handler & Cornwell. P.A. of Boca Raton, Florida.

I trust you will investigate this matter fully and without politics involved.

L WISKASMAN

Cc: Julio Quinones, Jr., SSA- FBI I Sen. Marco Rubio Rep. Bill Hager Rep. Charles McBurney

Hon. Eric Holder- Attorney General- DOJ- Via Fax

. -Not an Official Document Page 1 of30

Report Selection Criteria

Case ID: 502009DR003640XXXXSB Docket Start Date: Docket Ending Date:

Case Description

Case ID: 502009DR003640XXXXSB Case Caption: TAYOR BURTON SMITH Ill V BRANDY RENEE SMITH Division: FY- FRENCH Filing Date: Thursday , April 02nd, 2009 Court: Location :

DR- DOMESTIC RELATIONS/FAMILY SB - SOUTH BRANCH

Jury: N-Non Jury Type: Status:

Dl - DISSOLUTION AS - REDISPOSED

Related Cases

No related cases were found.

Case Event Schedule

No case events were found.

Case Parties

Seq Assoc

Expn Type ID

# Date

1 PETITIONER @1767345

2 I RESPONDENT I @1767346

Name

SMITH Ill, TAYLOR BURTON

Aliases: u I Aliases: ~ none I

http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck _public_ qry _ doct.cp _ dktrpt_... 7/26/2014

:- Not an Official Document Page 2 of30

u SMITH, LlJ BRANDY RENEE

3 1 30- ATTORNEY 0457779 MANOFF, Aliases: none MAY- ESQ, 2012 STUART

ROBERT

D JUDGE FY FRENCH, I Aliases: ~ none I -JUDGE DAVID E

5 2 ATTORNEY 0947695 ROOT, Aliases: none ESQ, JONATHAN s

DO 24- ATTORNEY 091229 SLOSBERG, I Aliases: ~ none I JUL- EMILY ANN 2012

7 1 ATTORNEY 0050839 HYDEN, R. Aliases: Jnonel GREGORY

-8 2 ATTORNEY 0259~ HANDLER, AI es: none

( ESQ, HENRY BENNETT

~ -__./

Docket Entries

n Docket Type I Book and Page No. Attached To:

http:/ /courtcon.co.palm-beach.fl.us/pls/j iwp/ck _public_ qry _ doct.cp _ dktrpt_.. . 7/26/2014

~ Senator Abruzzo - The Florida Senate

The Florida Senate Senator Joseph Abruzzo

Party: Democrat

Committee Assignments

• Cmnmerce and Tourism, Vice Chair

Page 1 of5

• Environmental Preservation and Conservation, Vice

Contact: Email this Senator District Office

12300 Forest Hill Boulevard Suite 200 Wellington, FL

Chair

• Appropriations Subcomn1ittee on Education

• Appropriations Subcommittee on Finance and Tax • Communications, Energy, and Public Utilities

• Gaming • Military and Veterans Affairs, Space, and Dmnestic

Security • Joint Legislative Auditing Committee, Alternating

Chair

33414-5785 District 25 (561) 791-4774 ----------------------

Senate VOIP: 42500 Consists of part of Palm Beach county FAX (888) 284-6495

Legislative Assistant:

Kimberly Diaz

Secretaries:

Van Coppedge, Shreya Kuntawala and Benjamin Durgan

Open Fridays, 10 a.rn.-3 p.m 110 Dr. Martin Luther King, Jr. Boulevard

http://www.flsenate.gov/Senators/s25/District 7/26/2014

.; Senator Abruzzo- The Florida Senate Page 4 of5

• Florida Restaurant and Lodging Association Legislative Award, 2009

• U.S. Coast Guard Good Conduct Medal, 2008 • U.S. Coast Guard Presidential Unit Citation, 2007 • Global War on Terrorism Service Medal, 2006 • National Defense Service Medal, 2005 • U.S.C.G. Combat Veterans Association Physical

Fitness A ward, 2005 • U.S.C.G. Port Security "A" School Honor Team, 2005

Affiliations

• Palm Beach County Democratic Executive Committee, Member

• United South County Democratic Club, Member • Democratic Club of Greater Boynton Beach, Member • Mid-County Democratic Club, Member • Central Palm Beach Chamber of Commerce, Member • Greater Boynton Beach Chamber of Commerce,

Member • Delray Chamber of Commerce, Member • Wellington Chamber of Commerce, Member • Palm Beach County Voters Coalition, Member • Florida Alliance for Retired Americans, Member • National Organization of Women, Member • National Center for Missing & Exploited Children,

Heroes' Circle • U.S. Holocaust Memorial Museum, Member • Washington, D.C. Martin Luther King, Jr. National

Memorial, Founding Member

Biographical Information ~fee .. PfC/"1<18

Occupation: Businessman ~ Spouse: Brandy Abruzzo - .::=;-'" '.-1-A

Child: Riley , ('.. 1 • D') I '""' (_S--f~ C-1\.t I ~

S.,.f/..

http://www. flsenate.gov /Senators/s25/District 7/26/2014

,.

7/2612ru4 . Weiss, Handler, Angelos & Corn'M:lll Attorney.; anc consultants

WEISS, HANDLER & CORNWELL, P.A. ATTORNEYS AT LAW

Attorneys & Consultants

Attorneys and Consultants

Partners

Howard I. Weiss Henry B. Handler William J. Cornwell

Government Relations and Public Policy Consultant

http:/fw.t.t.N. 'M:li sshandl er .com'wei ss-handIer -attorney.;.as p

Joseph Abruzzo l (

Senior Trial Attorneys

CALL US TOLL FREE 8' O-o63 9560

1/3

MEMORANDUM OF INQUIRY

To: Steven P. Cullen, Executive Director

From: Christie E. Kelley, Staff Counsel

Re : Cl4-006- Joseph Abruzzo, State Senator

• Background

On July 30, 2014, Complainant, Lewis Kasman, a private citizen, filed the above-referenced sworn complaint alleging possible ethics violations involving Joseph Abruzzo (Respondent), a Florida Senator representing the 251

h District.

• Applicable Law and Analysis

Section 2-254 of the Palm Beach County Commission on Ethics Ordinance states in relevant part, "The jurisdiction of the Commission on Ethics shall extend to any person required to comply with the countywide code of ethics, the county lobbyist registration ordinance, and the county post-employment ordinance ... . . . "

The Commission on Ethics (COE) has jurisdiction over all county and municipal officials, employees and advisory board members individually. The COE does not have jurisdiction over a state official.

• Legal Sufficiency

Legal sufficiency exists where there is an allegation of a violation within the jurisdiction of the Commission on Ethics, purportedly committed by an individual within the authority of the Commission on Ethics.

• Conclusion

Because the allegations contained in the compla int involve actions pertaining to a respondent who is not under the the jurisdiction of the Code of Ethics Ordinance, the Commission on Ethics is without jurisdiction to investigate; therefore complaint Cl4-006 against Respondent, Joseph Abruzzo, is NOT LEGALLY SUFFICIENT and should be dismissed.

Submitted by:

Date

Reviewed by:

(Initials) Date

PALM BEACH COUNTY COMMISSION ON ETHICS

MEMORANDUM OF NO LEGAL SUFFICIENCY

To: Pa lm Beach County Commission on Ethics

From: Steven P. Cullen, Execut ive Director

Date: August 18, 2014

Re: C14-006 -Joseph Abruzzo, State Senator

• Recommendation

As Executive Director of the Commission on Ethics, I recommend a DISMISSAL of compla int number C14-006 pursuant to Art. V, §2-260(b) and Rule of Procedure 4.2 due to NO LEGAL SUFFICIENCY.

Legal sufficiency exists where there is an allegation of a violation of an ordinance within the jurisdiction of the Ethics Commission, purportedly committed by an individual within the authority of the Ethics Commission, based substantially on the personal knowledge of the Complainant, relating to an alleged violation occurring after the effective date of the code, and filed with the Ethics Commission within two years of the alleged violation.

• Background

This matter came to the attention of the COE staff via a sworn complaint filed by Lewis Kasman, a private citizen. The Complaint was signed and properly notarized on July 28, 2014, and was received by staff on July 30, 2014. The Complaint alleges instances where Complainant believes that Respondent acted, or failed to act, in violation of the Palm Beach County Code of Ethics.

• Analysis

Section 2-254 of the Palm Beach County Commission on Ethics Code states in relevant part, "The jurisdiction of the commission on ethics shall extend to any person requ ired to comply with the county code of ethics." Officials and employees of Palm Beach County and enumerated municipalities are within the jurisdiction of the Code of Ethics; state officials are not within it s jurisdiction. Therefore, the Commission on Ethics does not have personal jurisdiction over the Respondent.

• Conclusion

Because of a lack of per. onal jurisdiction over the complaint based on the reasons listed above, there is NO LEGAL SUFFICIENC for an investigation to be conducted into this Complaint.

BY: St ven P. Cullen, Executive Director Florida Bar No. 362204 PBC Commission on Ethics

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