Beruflich Dokumente
Kultur Dokumente
R O . Box 12070
(512)463-5800
(TDD 1-800-735-2989)
a utility bill, b a n k statement, government check, paycheck or c=ther government document that shows the name and address of the complainant and is dated not more than 30 days before the date on which the complaint is filed. Effective September 1, 2009, an individual may aiso be eligibte to file a sworn compfaint with the Texas Ethics Commission if the individual owns real property in the state of Texas. Under this provision, t h e c o m p l a i n a n t will b e required to a t t a c h to the complaint a copy of a p r o p e r t y tax bill, notice of appraised value, or other government document that shows the name of the complainant, shows the address of the reai property in Texas, and identifies the c o m p l a i n a n t as the owner of the real property.
t. I D E N T I T Y O F C O M P L A I N A N T
1 COIV!Pl .,A !NANT NAME
MS/MRS/MR i-SRST
Mr.
NICKNAME
Adrian
LAST
D
SUFFI.X
Heath
2 COMPLAINANT PHYSICAL
A D D R E S S .A.nnRESS /\PT/SUITE*: cm, STATE, ZIP CODE
Spring
CITY
TX
STATE;
77381
ZiPCOOE
(Fuil home or business address, including street, city, s*ate, and rip code)
COMPLAINANT MAILING
A D D R E S S ^ IcHeck if same as aJjovej
(Full harm or busiiwss address, including street, city, stafe, arsdztp code) AREA CODE rnONK NUMBER EXT
COMPLAINANT
T E L E P H O N E
COMPLAINANT
E-MAIL A D D R E S S
NUMBER
832-978-1602
adrianheath@yahoo.com
II. I D E N T I T Y OF R E S P O N D E N T
6 RESPONDENT NAME
MS/MRS/MR FIRST Ml
Mr.
NICKNAME
David
1 AST
S
SUFFIX
Glickler
7 RESPONDENT POSITION OR TITLE RESPONDENT PHYSICAL .ADDRESS
Buda
CITY,
TX
STAi^;
78610
ZiP CODE
jFiill home or business address, inciuding street, city, i^tate. and zip codo)
RESPONDENT MAILING
A D D R E S S |j/J icmck if same as atiovej
(Foil home or bustness address,'mciud'mgstreet, city, state, and zip code) AREA CODE PHONE NUMBER EXT
10
RESPONDENT
T E L E P H O N E N U M B E R
11 R E S P O N D E N T E-MAIL
A D D R E S S (IF KNOWW)
512-475-4220
unknown
GO TO PAGE 2
www.ethics.state.tx.us Revised 09/18/'2012
P.O.Box12070
(512)463-5800
(TDD 1-800-735-2989)
lil. N A T U R E O F A L L E G E D V I O L A T I O N
Page 2
Include the specific law(s) or rule|s) alleged to have been violated. The Texas Ethics C o m m i s s i o n has jurisdiction to enforce only the following laws: (1) Title 15 of the Election Code; (2) Chapters 302,303,305,572,2004 of the Gov't Code; (3) 334.025 and 335.055 of the Local Gov't Code; (4) Subchapter C , Chapter 159 of the Local Gov't Code, in connection with a county judicial officer who elects to file a financial statement with the commission; (5) 2152.064 and 2155.003 of the Gov't C o d e ; (6) 306.005 of the Gov't Code.
JC/OH Campaign Finance Report (Jan. 15) - 1/14/12 1) Reported an incorrect "Contribution Balance". After adjusting for in-kind contributions ($0.00) and expenditures made from personal funds ($17.77), the contribution balance should be $981.10, and not $1,834.80, as reported, in violation of Section 254.031(a)(8). Note that the candidate disclosed a contribution balance of $595.79 in the conrected July 2011 semiannual report filed on 7/07/11. In the alternative, if the contribution balance is correct, the officeholder failed to report additional political contributions and/or expenditures, in violation of Section 254.031. 2) Failed to disclose the contributor's principal occupation, job title, and/or employer/law firm (8 places), in violation of Section 254.0611. Caschera, Romeo (principal occupation?) $100.00 8/30/11 $250.00 Davis, Warren 9/12/11 Green, Ricky 10/14/11 $1,000.00 Gob title?) $100.00 Lee, Richard 9/06/11 (principal occupation, job title?) 7/27/11 $250.00 Murray, Josh (principal occupation, job title?) $100.00 Myers, Adrienne (Assistant Attorney General) 12/05/11 8/30/11 $100.00 Shell, Lon (principal occupation, job title?) $55.00 Smith, Terry 8/29/11 3) Made a contribution to a political committee in connection with a primary election (3 places), in violation of Section 253.1611. (See the enclosed documents.) 9/30/11 $100.00 Cutler for Sheriff 9/27/11 $150.00 LULAC Council 4876 10/08/11 $40.00 LULAC Council 4876 4) Failed to disclose the actual vendor/company payee, address, date, and/or amount pertaining to the stated purpose of a poiiticai expenditure (3 places), in violation of Section 254.031(a)(3) and TEC rule 20.62. 11/03/11 $105.13 Glickler, Holly 11/10/11 $62.13 Glickler, Holly 11/18/11 $152.37 Glickler, Holly 5) Failed to fully disclose the purpose of a political expenditure (1 place), in violation of Section 254.031(a)(3). TEC rule 20.61 requires that the "purpose of expenditure" includes both the category of an expenditure and the description of the activity conducted with an expenditure. The description must include the specific item or service purchased, and make the reason for the expenditure clear. Expenditure descriptions which are vague, or which merely repeat the expenditure category, cleariy violate the rule, and suggest the unlawful conversion of campaign funds to personal use, in violation of Section 253.035. 11/25/11 $537.07 Home Depot (what specific items?) JC/OH Campaign Finance Report (30th day) - 6/29/12, corrected 1) Reported an incorrect "Contribution Balance". After adjusting for in-kind contributions ($309.53), expenditures made from personal funds ($509.88), and credits ($60.00), the contribution balance should De $1,737.61, and not $596.20, as reported, in violation of Section 254.031 (a)(8). In the alternative, if the contribution balance is correct, the officeholder failed to report additional political contributions and/or
ATTACH ADDITIONAL P A G E S A S N E E D E D
wwwethics-state.tx.us
Revised 09/18/2012
(512 )463-5800
III. N A T U R E O F A L L E G E D VIOLATION
Page 2
Include the specific law{s) or rule(s) alleged to have been violated. The Texas Ethics Commission has jurisdiction to enforce only the following laws: (1) Title 15 of the Election Code; (2) Chapters 302,303,305,572,2004 of the Gov't Code; (3) 334.025 and 335.055 of the Local Gov't Code; (4) Subchapter C , Chapter 159 of the Local Gov't Code, in connection with a county judicial officer who elects to file a financial statement with the c o m m i s s i o n ; (5) 2152.064 and 2155.003 of the Gov't Code; (6) 306.005 of the Gov't C o d e .
expenditures, in violation of Section 254.031. 2) Apparently accepted an in-kind political contribution from a corporation/labor union (1 place), in violation of Sections 253.003 and 253.094. Note that the candidate disclosed a Chili's (Chili's Grill & Bar) corporate contribution in his original 30th day campaign finance report filed on 4/24/12. In this corrected report, the candidate changed the name of contributor to the corporation's manager Mark Felch. However, records obtained from the Texas Ethics Commission show that the contributor address is actually that of Chili's Grill & Bar. (See the enclosed documents.) As such, a reasonable person could easily conclude that the candidate accepted an illegal corporate contribution for his campaign. 4/01/12 $59.53 Chili's (4/24/12 report) 4/01/12 $59.53 Felch, Mark (6/29/12 report) 3) Failed to disclose the contributor's principal occupation, job title, and/or employer/law firm (16 places), in violation of Section 254.0611. 4/09/12 $200.00 Carter, Stuart Cole, Keith Jr Gob title?) 2/17/12 $60.00 Crowell, David (principal occupation?) $100.00 4/09/12 Felch, Mark (principal occupation?) 4/01/12 $59.53 Goodwin, Grant Gob title?) 2/02/12 $250.00 Hofeldt, Tiffany Gob title?) $100.00 4/01/12 Martin, Stanley Gob title?) $100.00 1/29/12 Moncure, John (principal occupation?) 3/21/12 $100.00 Pacheco, John (principal occupation, job title?) $70.00 4/09/12 $100.00 Rehmet, Patrick Gob title?) 1/11/12 2/17/12 $250.00 Sergi, David Gob title?) 3/27/12 $500.00 Stapleton, Michael (principal occupation?) Varjabedian, Annen (principal occupation?) $75.00 3/21/12 (principal occupation?) Wallace, Trey 4/01/12 $250.00 Wallace, Trey (principal occupation?) 4/01/12 $75.00 Weber, Andrew (principal occupation?) 4/09/12 $250.00 4) Made a contribution to a political committee in connection with a primary election (1 place), in violation of Section 253.1611. 1/28/12 $245.00 HaysG.O.R 5) Failed to fully disclose the address of person or entity receiving a political expenditure (1 place), in violation of Section 254.031 (a)(3). 1/28/12 $245.00 HaysG.O.R
JC/OH Campaign Finance Report (8th day) - 6/25/12, corrected 1) Reported an incorrect "Contribution Balance". After adjusting for in-kind contributions ($234.45) and expenditures made from personal funds ($688.95), the contribution balance should be $1,905.62, and not $1,494.12, as reported, in violation of Section 254.031(a)(8). In the alternative, if the contribution balance is correct, the officeholder failed to report additional political contributions and/or expenditures, in violation of Section 254.031.
ATTACH ADDITIONAL P A G E S A S N E E D E D
www,ethics. state.tx u s
Revised 09/18/2012
P.O-Box12070
(512) 463-5800
(TDD 1-800-735-2989)
III. N A T U R E OF A L L E G E D V I O L A T I O N
Page 2
Include the specific law(s) or rule(s) alleged to have been violated. The Texas Ethics Commission has jurisdiction to enforce only the following laws: (1) Title 15 of the Election Code; (2) Chapters 302,303,305,572,2004 of the Gov't Code; (3) 334.025 and 335.055 of the Local Gov't Code: <4) Subchapter C , Chapter 159 of the Local Gov't Code, in connection with a county judicial officer who elects to file a financial statement with the commission; (5) 2152.064 and 2155.003 of tTte Gov't C o d e ; (6) 306.005 of the Gov't Code.
2) Failed to disclose the contributor's principal occupation, job title, and/or employer/law firm (7 places), in violation of Section 254.0611. Bolton, Ed (principal occupation?) $1,000.00 4/25/12 (principal occupation?) Bolton, Ed $70.00 5/05/12 Butler, Robert $100.00 5/15/12 Cole, Keith Jr (principal occupation, job title?) 5/14/12 $75.00 Hancock, J.R. Gob title?) 5/18/12 $250.00 Gob title?) Lopez, Ruben $400,00 5/03/12 Miller, William 1 1 Gob title?) 5/08/12 $100.00
JC/OH Campaign Finance Report (July 15) - 7/15/12 1) Reported an incorrect "Contribution Balance". After adjusting for in-kind contributions ($314.00) and expenditures made from personal funds ($0.00). the contribution balance should be $2,591.88, and not $1,713.54, as reported, in violation of Section 254.031(a)(8). In the alternative, if the contribution balance is correct, the officeholder failed to report additional political contributions and/or expenditures, in violation of Section 254.031. 2) Failed to disclose the contributor's principal occupation, job title, and/or employer/law firm (8 places), in violation of Section 254.0611. 6/08/12 $800.00 Carter, Stuart (principal occupation, job title?) $500.00 Hill, Matthew Gob title?) 5/23/12 Gob title?) Jones, Gina 5/21/12 $260.00 (job title?) Matthews, Guy E. $500.00 6/21/12 Carter, Stuart (principal occupation, job title?) $100.00 6/23/12 Mullen, Shawn (principal occupation?) $100.00 5/31/12 (job title?) Sergi, David $500.00 5/31/12 Womble, Rick Gob title?) $100.00 6/04/12 JC/OH Campaign Finance Report (Runoff) 7/22/12
1) Reported an incorrect "Contribution Balance". After adjusting for in-kind contributions ($90.00) and expenditures made from personal funds ($0.00), the contribution balance should be $6,299.84, and not $5,636 47, as reported, in violation of Section 254.031(a)(8). In the alternative, if the contribution balance is correct, the officeholder failed to report additional political contributions and/or expenditures, in violation of Section 254.031. 2) Failed to disclose the contributor's principal occupation, job title, and/or employer/law firm (11 places), in violation of Section 254.0611. 7/09/12 $100.00 Beard, Marvin (principal occupation?) 7/14/12 $100.00 Clarke, Ed (principal occupation?) Crowell. David Gob title?) 7/06/12 $100.00 (principal occupation?) 7/18/12 $100.00 Kinney. E. Waliy Kolodzey, JB (job title?) $250.00 7/09/12 (principal occupation?) Paul, Mary Pat 7/09/12 $100.00
ATTACH ADDITIONAL P A G E S A S N E E D E D
ww. ef hies, s t a t e , tx _ us
RevLsed 09/18/2012
(512)463-5800
(TDD 1-800-735-2989)
III. N A T U R E O F A L L E G E D VIOLATION
Page 2
Include the specific law(s^ or rule{s) alleged to have been violated. The Texas Ethics Commission has jurisdiction to enforce only the following laws: (1) Title 15 of the Election Code; (2) Chapters 302, 303.305,572,2004 of the Gov't Code; (3) 334.025 and 335.055 of the Local Gov't Code; (4) Subchapter C , Chapter 159 of the Local Gov't Code, in connection with a county judicial officer who elects to file a financial statement with the commission: (5) 2152.064 and 2155.003 of the Gov't C o d e ; (6) 306.005 of the Gov't Code.
Powers, Jim Russian, Joe Seale, Hank Seale, Lyssa Spracklen, Paul
(principal occupation, job title?) (principal occupation?) (job title?) (job title?) (principal occupation?)
3) Failed to disclose the actual vendor/company payee, address, date, and/or amount pertaining to the stated purpose of a political expenditure (2 places), in violation of Section 254.031(a)(3) and TEC rule 20.62. 7/09/12 $170.17 Coffee, Jeff 7/09/12 $108.30 Spracklen, Elizabeth
JC/OH Campaign Finance Report (Final) - 12/11/12 1) Reported an incorrect 'Contribution Balance". After adjusting for in-kind contributions ($0.00) and expenditures made from personal funds ($500.00), the contribution balance should be $6,251.41, and not $0.00, as reported, in violation of Section 254.031(a)(8). In the alternative, if the contribution balance is correct, the officeholder failed to report additional political contributions and/or expenditures, in violation of Section 254.031. 2) Made aggregated contributions exceeding $100 in a calendar year to a candidate/officeholder, in violation of Section 253.1611. Note ttiat in-kind political contributions were made to Texas Representative Jason Issac. 9/21/12 $184.30 HEB ... Campaign Event with Jason Issac 9/21/12 $40.00 Wild Flower Cakery ... Campaign Event with Jason Issac
ATTACH ADDITIONAL P A G E S A S N E E D E D
www.ethics-state.tx.us
Revised 09/18/2012
(512)463-5800
(TDD 1-800-735-2989)
IV. S T A T E M E N T O F F A C T S
Page 3
State the facts constituting the alleged violation(s), including the dates on which or the period of time in which the alleged violation(s) occurred. Identify allegations of fact not personally known to the complainant, but alleged on information and belief. Please u s e simple, c o n c i s e , a n d direct statements.
As a public official, Mr. David Glickler knows the importance of following the law when dealing with the taxpayers' public funds. He must also know that the same concerns apply when dealing with political campaign funds. Over the last two years, Mr. Glickler apparently accepted a corporate/labor union contribution, made unlawful contributions to candidates/officeholders and political committees, failed to fully disclose contributors' principal occupations, job titles, and/or employers/law firms, failed to fully disclose the recipients and purposes of political expenditures, and filed several otherwise incomplete reports, with contribution balances indicating undisclosed campaign contributions and/or expenditures. Note that the final report, signed by Mr. Glickler under penalty of perjury, shows a serious contribution balance discrepancy of $6,251.41. This discrepancy implies that Mr. Glickler personally retained unexpended political contributions, in spite of his signed statement to the contrary. Knowingly accepting a corporate/labor organization political contribution is a third-degree felony offense, with a statute of limitations of three years. In addition, a violation of Section 253.1611 subjects Mr. Glickler to a civil penalty of up to three times the illegal contribution amount. Also, if Mr. Glickler converted political contributions to personal use, he would be civilly liable to the state for the converted amount plus reasonable court costs. In any case, Mr. Glickler signed his campaign finance reports under the penalty of perjury, and bears the responsibility of checking the report accuracy and fully disclosing the information required by state law. Mr. Glickler should also be aware that, under Section 37.03 of the Texas Penal Code, making a false, material, perjurious statement during or in connection with an official Texas Ethics Commission proceeding constitutes aggravated perjury, a felony of the third degree.
ATTACH ADDITIONAL P A G E S A S N E E D E D
w w w . e t h i c s . s t a i e . t x us
Revised 09/18/2012
(512)463-5800
(TDD 1-800-735-2989)
V. L I S T I N G O F D O C U M E N T S AND O T H E R M A T E R I A L S
Page 4
List all documents and other materials filed with this complaint. Additionally, list all other documents and other materials that are relevant to this complaint and that are within your knowledge, including their location, if known.
Campaign Finance Reports (selected pages) 7/07/11 (July'11), con-ected 1/14/12 (Jan.'12) 6/29/12 (30th day), corrected 6/25/12 (8th day), corrected 7/15/12 (July'12) 7/22/12 (Runoff) 12/11/12 (Final) Information on corporate contributor Chili's Grill & Bar; Brinker International, Inc. information on candidates/officeholders Hays County Sheriff Gary Cutler Texas Representative Jason Issac
ATTACH ADDITIONAL P A G E S A S N E E D E D
www.ethics.state.tx.us
Revised 0 9 / i e / 2 0 i ;
(512)463-5800
(TDD 1-800-735-2989)
VI. AFFIDAVIT
BASED ON PERSONAL KNOWLEDGE (Execute this affidavit if t h e acts a t l e g e d a r e within your direct personal knowledge.)
Pages
I.
, complainant,
swear that I am a resident of the state of Texas, i swear that I have knowledge of the facts alleged in this cxjmpiaint and (hat the information contained in Shis compiamt is true; and correct.
Signature at Complainant
.AFFIX N O T A R Y S T A M P
SEAL A B O V E
c!av of
VII. A F F I D A V I T
BASED ON INFORMATION AND BELIEF
( E x e c u t e ttiis affidavit if t h e a c t s a l l e g e d a r e n o t w i t t i i n y o u r d i r e c t p e r s o n a l k n o w t e d g e , but are based on reasonable belief,)
. corTipiainant.
and do believe that the violation alleged m this complatnt has occurred. The source
Signature of C o m p l a n a n t
A F F I X N O T A R Y .r .IA^!P t S C A t A B O V E
A d v i c > \' 20
d a y
of
www e t h i c s , s t a t e tx us
Revised 09/18/2012
(512)463-5800
TDD 1-800-735-2989
SCHEDULE
1 3
FSLER NAME
Date
7 Amount of contribution ( $ )
04/01/2012
$59.53
12
Date
| ,
Contributor address;
Austin, T X 78736
City;
$250.00 1
1
(If travel outside of Texas, QO~x::sts Ssheduie T| Q
Contributor's principal ccoupaticn Attorney Contributor's employer / law Texas Yosjth Commission firm
j j i ! |
Date
| ^
Contributor address;
City;
$50.00 j
Gaithersburg. M D 20878-4724
1
pf travel outsits of Taxes, ss.Tipfeis Sxksdaie Tj Q
Contributor's empioyer / iaw firm Ernst & Young if contributor is a child, lawfirmof parent(s) (if any)
(512)463-5800
TDD 1-800-735-2989
SCHEDULE A
(J)
S c h e d u l e : 3/16 Report: 6/35 3 A C C O U N T * (Ethics Commission filers) 00067433 4 Date 5 Full name of contributor Felch, Mark 04/01/2012 out-of-state PAC flD# ) 7 Amount of contribution ($) | 8 In-kind contribution . description (if applicable) F o o d for C a m p a i g n Event 6 Contributor address; City; 420 Old San Antonio Road Buda, TX 78610 State; Zip Code $59.53 1
1
(If travel outside of Texas, complete Schedule T) | |
10
11
12
13
Date
| .
02/02/2012
City;
State;
Zip Code
$250.00
(If travel outside of Texas, complete Schedule T) Contributor's principal occupation Attorney Contributor's employer / law firm Texas Youth Commission If contributor is a child, law firm of parent(s) (if any) Law firm of contributor's spouse (if any) Contributor's job title
| |
Date
| .
03/26/2012
Zip Code
$50.00
(If travel outside of Texas, complete Schedule T) Contributor's principal occupation Accountant Contributor's employer / law firm Ernst & Y o u n g If contributor is a child, law firm of parent(s) (if any) Law firm of contributor's spouse (if any) Contributor's job title