TEXAS ETHICS COMMISSION P. O. Box 12070, Capitol Station

Austin, Texas 78711-2070

Jim Clancy Chair

Paul W. Hobby AugUSt 1,2013 Vice Chair

David A. Reisman IBxecutive Director

Mr. Adrian D. Heath C E R T I F I E D MAIL NO. 91 7199 9991 7031 0622 0425, " - 43 West Stony Bridge Court - • RETURN R E C E I P T R E Q U E S T E D

Spring, Texas 77381-4423

Re: Notice of Complaint, SC- 31307133 (David S. Glickler)

Dear Mr. Heath:

We received sworn complaint SC-31307133 on July 26, 2013. The complaint meets the technical form requirements for a complaint filed with the Texas Ethics Commission, and the executive director has determined that the Ethics Commission has jurisdiction over the matters alleged in the sworn complaint.

This letter only acknowledges that the complaint meets the jurisdictional and form requirements for a complaintfiled with the Texas Ethics Commission and does not constitute any fmdings regarding the allegations made in the complaint.

The complaint you filed alleged that the respondent: 1) did not disclose political contributions and political expenditures, as required by section 254.031 of the Election Code and sections 20.61 and 20.62 of the Ethics Commission Rules; 2) did not disclose the principal occupation and job title, and full name of the employer of each individual from whom the respondent accepted political contributions that in the aggregate exceeded $50 during the reporting period, as required by section 254.0611(a)(2) of the Election Code; 3) used political contributions to make political contributions to a political committee in connection with a primary election, which is prohibited by section 253.1611 of the Election Code; and 4) accepted a political contribution from a corporation, which is prohibited by sections 253.003 and 253.094 of the Election Code.

A complaint must state on its face an allegation that, i f true, constitutes a violation of a law or rule administered or enforced by the Ethics Commission. Government Code § 571.122(d). In addition, a sworn complaint must allege facts that provide sufficient detail to reasonably place the respondent on notice of the law violated and the manner and means by which the violation allegedly occurred and to afford the respondent a basis on which to prepare a response. Section 12.61, Ethics Commission Rules. The complaint includes an allegation that the respondent did not properly

Commissioners

Hugh C . Akin Tom Harrison

Bob Long I^aiila M. iVIendoza

Tom Ramsay Chase Unlermeyer

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1 he Texas Ethics Commission does noi discnminaic on ihe basis o f race, color, national origin, sex, reliyioii, aue or disability in eniplovmeni or the provision ofservices.

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disclose the purpose of a political expenditure to "Home Depot," as required by section 254.031(a)(3) of the Election Code and section 20.62 of the Ethics Commission Rules. The complaint provides no evidence to support the allegation that the respondent did not disclose the purpose of the expenditure. Therefore, that allegation will not be considered by the Ethics Commission.

The complaint also includes allegations that the respondent used political contributions to make political contributions that in the aggregate exceeded $ 100 in a calendar year to a candidate or officeholder, which is prohibited by section 253.1611 of the Election Code. However, the face of the campaign finance report that is included with the complaint does not establish that the alleged political contributions were made to a candidate or officeholder. In addition, campaign finance reports filed by a specific-purpose committee, Committee to Elect Jason Isaac, disclosed the alleged polifical contributions as in-kind political contributions accepted by the committee. Under section 253.1611(c) of the Election Code, a judicial candidate may not use a political contribufion to knowingly make a political contribufion to a political committee that, when aggregated with each other political contribution to a political committee in connection with a general election, exceeds $500. Therefore, those allegations wil l not be considered by the Ethics Commission.

More information about the complaint process is available on the Ethics Commission's website at www.ethics.state.tx.us.

The law requires the commission to send this sworn complaint notice by registered or certified mail, return receipt requested. Future notices and correspondence will be sent by regular mail, unless the commission is notified otherwise.

Please note that at this stage in the process. Ethics Commission members and staff are required by law to keep the complaint and all documents relating to it strictly confidential. However, other persons, including the complainant and respondent named in the complaint, are not bound by this confidentiality requirement.

Please call me i f you have any questions.

Sincerely,

Ian M. Steusloff ' / Assistant General Counsel

IMS:mc