jim greer deposition transcript part 1

7/31/2019 Jim Greer deposition transcript part 1

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1 IN THE CIRCUIT COURT OF THESECOND JUDICIAL CIRCUIT, IN

2 AND FOR LEON COUNTY, FLORIDA

3

4 JAMES GREER,

5 Plaintiff,

6 vs. CASE NO. 2012-CA-0962

7 REPUBLICAN PARTY OF FLORIDAMIKE HARIDOPOLOS, and

8 JOHN THRASHER,

9 Defendant.

___________________________/10

11 VOLUME 1

12 DEPOSITION OF: JAMES GREER

13 TAKEN AT THE INSTANCE OF: Defendant Haridopolos

14 DATE TAKEN: May 24, 2012

15 LOCATION: 909 E. Park AvenueTallahassee, Florida

16COMMENCING: 9:08 a.m.

17CONCLUDING: 12:23 p.m.

18

19 REPORTED BY:

20 PEGGY OWENS

21 REGISTERED PROFESSIONAL REPORTER

22 REGISTERED MERIT REPORTER

23

24

25

PEGGY OWENS & ASSOCIATES (850)222-6010


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2

1 A P P E A R A N C E S

2 DAMON CHASE, Attorney at Law, of the law

3 offices of Chase/Freeman, 1525 International Parkway,

4 Suite 4021, Lake Mary, Florida 32746; appeared on

5 behalf of the Plaintiff.

6 STEPHEN S. DOBSON, III, Attorney at Law, of

7 the law offices of Dobson, Davis & Smith, 610 N. Duval

8 Street, Tallahassee, Florida 32301; appeared on behalf

9 of the Republican Party of Florida.

10 DEAN LEBOEUF, Attorney at Law, of the law

11 firm of Brooks, LeBoeuf, Bennett, Foster & Gwartney,

12 P.A., 909 East Park Avenue, Tallahassee, Florida

13 32301; appeared on behalf of the Defendant Haridopolos.

14 KENNETH W. SUKHIA, Attorney at Law, Sukhia

15 Law Group, 2846 Remington Green Circle, Suite B,

16 Tallahassee, Florida 32308; appeared on behalf of

17 Defendant Thrasher.

18

19

20 I N D E X

21 WITNESS PAGE

22 James Greer

23 Direct Examination by Mr. LeBoeuf 4

24

25


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1 E X H I B I T S

2 NO. PAGE

3 1 - Oath of Loyalty 48

4 2 - Stelling Canceled Checks & Promissory Note 72

5 3 - Employee Policies & Procedures Manual 86

6 4 - Hartman & Tyner Agreement 115

7 5 - Incorporation Documents 124

8

9

10

11

12

13

14

15

16

17

18

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20

21

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23

24

25


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1 before?

2 A Yes.

3 Q Okay. When and why?

4 A In 2005, it was an employment matter between

5 a former employee dealing with Workers' Compensation.

6 Q Who was the former employee?

7 A Ladmand, Carol Ladmand.

8 Q C-A-R-O-L?

9 A Yeah.

10 Q Spell the last name.

11 A L-A-D-M-A-N-D.

12 Q She was the plaintiff?

13 A Yes.

14 Q And it is a female?

15 A Yes.

16 Q And what was the company?

17 A Regulatory Compliance Services.

18 Q And that was your company?

19 A Uh-huh.

20 Q You said it was workers' comp, so she --

21 A She had been denied by the leasing company, a

22 workers' comp claim.

23 Q Regarding an injury?

24 A Uh-huh.

25 Q Okay. Is that the only time you've been


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1 deposed?

2 A Uh-huh.

3 Q You need to answer out loud.

4 A Oh, I'm sorry, yes.

5 Q That's a good opportunity for us to go

6 through some of the basic ground rules, which I'm sure

7 Mr. Chase has already covered with you, but I want to

8 make sure you get them.

9 You understand your testimony today is being

10 given under oath?

11 A Yes.

12 Q So you are subject today to the same

13 penalties for perjury as if we were in a courtroom?

14 A Yes.

15 Q I'm going to ask you a series of questions

16 about the lawsuit that you filed in this case against

17 my client, Senator Haridopolos, Mr. Thrasher, and the

18 Republican Party of Florida.

19 If at any time you don't understand any of my

20 questions, will you ask me to stop and clarify the

21 question?

22 A Yes.

23 Q Can I then assume if you've answered the

24 question that you've understood them?

25 A Yes.


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1 Q It is also important -- and you are doing a

2 great job right now -- that you answer all of the

3 questions audibly, because everything we say today is

4 being taken down by Peggy our official court reporter,

5 okay?

6 A I understand.

7 Q That way we can get a good record. So we

8 want to avoid "uh-huhs", "hu-huhs" and head nods, okay?

9 A I understand.

10 Q Before we started on the record today, I

11 brought to your attention the fact that this deposition

12 was noticed duces tecum. Meaning, that we had

13 requested that you bring with you certain documents set

14 forth on the duces tecum list of items one through

15 eight. It is my understanding that you did not bring

16 any of those with you, is that correct?

17 A That's correct.

18 Q It was just an oversight. I understand you

19 didn't realize that was required?

20 A I did not.

21 Q All right. We may end up having some

22 follow-up questions on that later as a result, but we

23 will just kind of move on today with what we've got.

24 Is that all right with you?

25 A That's all right.


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1 Q All right. Let me ask you a couple of other

2 foundational questions. Have you ever been arrested?

3 A Yes.

4 Q Okay. When and why?

5 A 1993 for DUI.

6 Q Okay. Is that the only time you've been

7 arrested?

8 A Yes.

9 Q You were convicted of that charge?

10 MR. CHASE: Object to the form.

11 THE WITNESS: I believe adjudication was

12 withheld, but I was provided a community service.

13 BY MR. LeBOEUF:

14 Q Okay.

15 MR. CHASE: Just answer the question.

16 BY MR. LeBOEUF:

17 Q The charge, did it remain DUI or was it

18 reduced or changed --

19 MR. CHASE: Object to form.

20 THE WITNESS: I don't recall.

21 BY MR. LeBOEUF:

22 Q Have you ever been sued?

23 A No.

24 Q Other than this lawsuit, have you ever sued

25 anyone else?


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1 A Not that I recall.

2 Q Now, just to be fair to you, you indicated

3 that you were deposed earlier in a Workers'

4 Compensation case by Carol Ladmand. So that was a

5 lawsuit against your company, right? Regulatory

6 Compliance Services?

7 A It was actually against the leasing company

8 that we leased employees through.

9 Q Okay. So let me ask you another question. I

10 asked you a moment ago if you've ever been sued and you

11 said no. What about any of the companies that you have

12 been involved in?

13 A Yes.

14 Q Okay. Can you tell me about those?

15 A Regulatory Compliance Services with Carol

16 Ladmand. It was a workers' comp case, but they also

17 sued ACH Employment Services.

18 Q Meaning Ms. Ladmand did?

19 A Uh-huh.

20 Q Any other lawsuits that you or one of your

21 companies were involved?

22 A I believe about 10 years ago there was a

23 printing company that filed suit for about $900.

24 Q Who did they sue?

25 A I think they sued Food Safety Training, Inc.


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1 Q That was a company you formed and you were a

2 part of?

3 A Yes.

4 Q And that would have been for services

5 rendered?

6 A Yes.

7 Q Any other lawsuits involving you or your

8 companies?

9 A Not that I recall. Not that I recall.

10 Q Okay. Tell me a little bit about your

11 employment background. And what I would like you to do

12 is go backwards.

13 A Okay.

14 Q January 2007, when you were elected as

15 Chairman of RPOF --

16 A All right.

17 Q -- what was the last position you held as

18 employment immediately before that?

19 A I was president of Regulatory Compliance

20 Services, Inc., and president of Food Safety Training,

21 Inc. And I was the deputy mayor of the City of Oveida.

22 Q Regulatory Compliance, Inc. --

23 A Services.

24 Q Services, okay. When was that formed?

25 A I founded the company in 1984.


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1 Q Okay. When you say founded the company, what

2 does that mean?

3 A I started the business in 1984.

4 Q Did you incorporate it?

5 A Yes. It was originally incorporated as

6 Beverage Law Consultants.

7 Q So did you buy this from someone else, or did

8 you incorporate Beverage Law Consultants?

9 A I incorporated Beverage Law Consultants.

10 Q So when did Beverage Law Consultants start?

11 A 1984.

12 Q All right. Explain that.

13 A I changed the name. I changed the corporate

14 name from Beverage Law Consultants to Regulatory

15 Compliance Services.

16 Q In the same year?

17 A No, I'm sorry, not in the same year. It went

18 to RCS in probably 1998.

19 Q Okay. And what did -- did Beverage Law

20 Consultants and Regulatory Compliance Services do the

21 same thing?

22 A In most cases. Except when it became

23 Regulatory Compliance Services, we expanded the

24 services that Beverage Law Consultants originally

25 offered.


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1 Q What essentially, in summary, did the

2 corporation do?

3 A Regulatory training for the hospitality

4 industry, alcoholic beverage licensing, application

5 work, representing licensees before the Division of

6 AB & T. We did some sexual harassment training. And

7 we offered drug testing services.

8 Q Okay. What role did you play with the

9 company?

10 A I was the president.

11 Q Okay. Did you have any employees?

12 A Uh-huh.

13 Q How many?

14 A At which time?

15 Q Let's talk about -- well, you continued to be

16 president of Regulatory Compliance Services after you

17 were elected president of RPOF?

18 A For about six months.

19 Q Then what happened?

20 A I sold the company.

21 Q Who did you sell it to?

22 A The Florida Restaurant Association.

23 Q Who did you deal with at the Florida

24 Restaurant Association for that sale?

25 A Carol Dover. Generally.


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1 Q Okay. So in the last two years of operation,

2 before you became Chairman of RPOF, how many employees

3 did you have?

4 A Between full and part-time, probably 40.

5 Q How many full, how many part-time,

6 approximately?

7 A About 25 full.

8 Q Okay. And did you actually do the

9 incorporation of Beverage Law Consultants, and did you

10 actually handle the paperwork in changing the company's

11 name to Regulatory Compliance Services in 1998?

12 A I don't recall.

13 Q Okay.

14 A It could have been me or Harry Purnell, our

15 General Counsel at the time.

16 Q Okay. You told me that you also were

17 president of Food Safety Training, Inc.?

18 A Uh-huh.

19 Q What did they do?

20 A They provided food safety training for

21 hospitality businesses, restaurants, hotels.

22 Q Food safety training in terms of cleanliness?

23 A Food manager certification, food handler

24 certification, which there is a law in the State of

25 Florida that restaurants have to become certified. So


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1 we provided that certification.

2 Q When was that company formed?

3 A We formed that company in 2000.

4 MR. SUKHIA: What was the name of the

5 company?

6 THE WITNESS: Food Safety Training.

7 BY MR. LeBOEUF:

8 Q Did you, yourself, do the incorporation of

9 that company?

10 A I think Harry Purnell. He was a partner in

11 that company, so I believe he might have done the

12 corporation.

13 MR. DOBSON: Would you spell his last name.

14 THE WITNESS: P-U-R-N-E-L-L.

15 MR. DOBSON: N-E-L-L.

16 THE WITNESS: Yes.

17 BY MR. LeBOEUF:

18 Q Mr. Purnell, he is a lawyer in Florida?

19 A He is.

20 Q Does he practice in Oveida?

21 A In Tallahassee.

22 Q Did Mr. Purnell represent you in any other

23 capacity, other than as your General Counsel for

24 Regulatory Compliance Services, Inc., or Food Safety

25 Training, Inc.?


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1 A He was my personal attorney, too.

2 Q Food Safety Training, Inc., did you stay on

3 as president of that organization after you became

4 Chairman of RPOF?

5 A For six months.

6 Q And then what happened?

7 A That company was also sold to the Florida

8 Restaurant Association.

9 Q It was all part of the same transaction with

10 the sale of Regulatory Compliance?

11 A Yes. Yes.

12 Q How many employees with Food Safety Training?

13 A I believe there was about 15.

14 Q Part-time or full time?

15 A Probably 10 full time, five part-time.

16 Q Any other companies that you were involved

17 with when you became Chairman of the RPOF?

18 A No.

19 Q You indicated that you were also deputy mayor

20 of Oveida?

21 A City of Oveida.

22 Q When did you take that position?

23 A I just entered -- no, I was elected in 2004.

24 And I was elected deputy mayor in 2006. And I had just

25 been reelected deputy mayor in 2007 when I became


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1 Chairman. So 2000, 2006 and 2007 was a reelection each

2 year among the commission.

3 Q Okay. So in 2004 you were elected to the

4 city commission?

5 A 2005, I believe. 2004 -- I'm trying to --

6 well, this was a three year term, so 2004.

7 Q When were you elected the first time --

8 A The first time yes.

9 Q -- to the city commission?

10 A Yes.

11 Q Is that the first public office you had held?

12 A No, I was elected to the Palm Bay city

13 council in 1992.

14 Q And how long did you serve in that capacity?

15 A One term, three years.

16 Q And the next time you held public office was

17 when you were elected to the city commission of Oveida

18 in 2004?

19 A Yes.

20 Q And as a city commissioner, was that an

21 internal election among the commissioners where you

22 were selected as the deputy mayor in 2006?

23 A Yes.

24 Q And 2007?

25 A Yes.


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1 Q When you became the Chairman of RPOF in 2007,

2 did you resign your position as deputy mayor? Tell me

3 what happened with that.

4 A In November of 2006, when Charlie asked me to

5 be the Chairman, I felt it appropriate to resign. In

6 January, I resigned shortly after taking office as

7 Chairman.

8 Q Okay. I'm a little confused because you told

9 me that you were elected by the commission as deputy

10 mayor in May of '06?

11 A Uh-huh.

12 Q Then you said you were reelected as deputy

13 mayor in '07. If you resigned --

14 A Actually, I was reelected in November of '06,

15 so it was a month before. It wasn't '07. It was

16 November of '06 I was reelected as deputy mayor.

17 Q I'm assuming that's before Mr. Crist asked

18 you if you would serve as chair of the RPOF?

19 A It was actually the same night, because he

20 was elected Governor and I was reelected to my second

21 term.

22 Q You say reelected to your second term, you

23 mean as deputy mayor?

24 A As a city commissioner.

25 Q Okay. Your city commission term was a


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1 two-year term?

2 A Uh-huh. Yes.

3 Q All right. So we've covered all of the

4 positions you've held and all the companies you were

5 associated with as of January 2007 when you took over

6 as Chairman of RPOF; is that right?

7 A There is one other appointment that I had. I

8 was appointed by Governor Bush to the Central Florida

9 Planning Commission.

10 Q Okay. When were you appointed to that

11 position by Governor Bush?

12 A I believe it was in September of '06, because

13 I was at my first Central Florida Planning Commission

14 meeting when George LeMieux called me to become

15 Chairman. So it had only been a couple months since my

16 appointment had taken place. I had just been at my

17 first meeting.

18 Q Okay. Any other positions you held,

19 employment that you held, or corporations you were

20 involved with at the time you took over as Chairman of

21 RPOF in January of 2007?

22 A No.

23 Q Okay. And it looks like you were involved

24 with Regulatory Compliance Services or its predecessor,

25 the Beverage Law Consultants from '84 continuously


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1 until you became chairperson?

2 A Yes.

3 Q Would the same be true for Florida Safety

4 Training, that you were actively ongoing involved with

5 that company from 2000 forward?

6 A Yes.

7 Q Between 1984 and 2007, were you involved with

8 any other companies that we haven't discussed?

9 A Yes.

10 Q What?

11 A In 1999, 2000, I was involved with Sloppy

12 Joe's, Inc.

13 Q What did you do with them?

14 A I was a managing partner for a period of

15 time.

16 Q Okay. And Sloppy Joe's is a restaurant?

17 A It was.

18 Q Did they have more than one location?

19 A No. Well, yes. There were three, but this

20 was a franchise.

21 Q So you were only involved with the

22 Tallahassee franchise?

23 A Yes.

24 Q You had other partners?

25 A Yes.


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1 Q Who were they?

2 A Well, the ones that I knew of were Ron

3 Saunders, Don Reinhard, and I can't remember the other

4 gentleman's name.

5 Q Don Reinhard, he is the same Don Reinhard who

6 is in prison now?

7 A Yes.

8 Q Who formed that franchise?

9 A I don't know.

10 Q Were you involved in the inception, at the

11 beginning?

12 A No.

13 Q When I mean the franchise, I'm talking about

14 the Tallahassee franchise.

15 A I understand.

16 Q Okay. How did you get involved in the

17 company?

18 A Ron Saunders contacted me. Told me the

19 business was having severe problems and he didn't know

20 how to really run it, and asked me if I would consider

21 taking over managing it, and that's how.

22 Q Okay. Where were you living at the time?

23 A I was living in Tallahassee.

24 Q All right. Let's kind of change channels a

25 little bit and deal with that. You currently live in


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1 Oveida.

2 A Uh-huh.

3 Q How long have you lived -- I would like to

4 track where you've lived in the last 10 years. So you

5 currently live in Oveida. How long have you lived in

6 your current location?

7 A Eight years -- 2003, 10 years.

8 Q All at the same address?

9 A No. I lived at another residence in Oveida.

10 Q Okay. How long have you been at the present

11 address?

12 A Five years.

13 Q What was your prior address?

14 A 3609 Deer Oak Circle.

15 Q And so you lived there from 2003 to 2007?

16 A Yes. I believe we might have moved into the

17 new home six years ago, just --

18 Q Okay. And did you have any other residence

19 in the last 10 years?

20 A No.

21 Q So prior to 2003 where did you live?

22 A From approximately 2000 to 2003, I lived in

23 Tallahassee.

24 Q Where?

25 A I rented a home in Killearn. Then I


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1 purchased a home in Killearn.

2 Q Do you remember either address?

3 A I do not.

4 Q You do not?

5 A I do not.

6 Q And before 2000?

7 A I lived in --


9 THE WITNESS: -- Palm Bay, Florida.

10 BY MR. LeBOEUF:

11 Q How long did you live in Palm Bay?

12 A Fifteen years.

13 Q So approximately '85 through 2000?

14 A I believe it was '88, so it would be less

15 than 15, 12 years.

16 Q So when you lived in Palm Bay, you were

17 operating Beverage Law Consultants?

18 A Yes.

19 Q And then you continued to operate that when

20 you moved to Tallahassee?

21 A Yes.

22 Q And I guess when you were in Tallahassee,

23 that's when you formed Food Safety Training, Inc.?

24 A Yes.

25 Q And you continued to operate those two


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1 companies when you moved to Oveida --

2 A Yes.

3 Q -- in 2003?

4 A Yes.

5 Q Fair to say that with the companies that you

6 were associated with -- Sloppy Joe's, Regulatory

7 Compliance Services, and Food Safety Training, Inc.,

8 that you understood how a company needed to handle

9 money and establish checks and balances associated with

10 financial affairs?

11 A I believe so.

12 Q Okay. Would the same be true in your public

13 positions as city commissioner, as Palm Bay city

14 council and on the Central Florida Planning Council,

15 you understood issues like checks and balances and

16 conflict of interest?


18 THE WITNESS: There is a clear distinction

19 between how government handles money and how

20 private business handles money.

21 BY MR. LeBOEUF:

22 Q What's your understanding of the distinction?

23 A The distinction is that government isn't as

24 concerned with the bottom line as private business is.

25 Q So your view is that government isn't as


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1 concerned about profit?


3 THE WITNESS: Well, I think there is a

4 distinction about what you can control and what

5 you can't control when it comes to government. I

6 understand that there are checks and balances, but

7 there is just a -- I didn't control the checkbook

8 when I was in City Hall.

9 BY MR. LeBOEUF:

10 Q Okay, fair enough. So with regard to private

11 industry, your corporations and Sloppy Joe's, you had

12 more control of the checkbook, more control of expenses

13 and income and profit?

14 A At my two companies, yes, not at Sloppy

15 Joe's.

16 Q Okay. In terms of checks and balances,

17 though, you would agree that checks and balances to

18 provide for financial accountability, those

19 requirements exist in private industry and in

20 government?

21 A Yes.


23 MR. LeBOEUF: Basis?

24 MR. CHASE: Relevance.

25 BY MR. LeBOEUF:


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1 Q Okay. And can we agree -- well, what's your

2 understanding of what checks and balances are? What

3 does that mean to you?


5 THE WITNESS: Checks and balances would mean

6 to me that --

7 BY MR. LeBOEUF:

8 Q Let me help you. Can we agree that financial

9 checks and balances involve procedures to make sure

10 that no one person has total control over the financial

11 operations of a business?


13 THE WITNESS: I wouldn't agree with that.

14 BY MR. LeBOEUF:

15 Q Okay. What do you disagree about that

16 statement?


18 THE WITNESS: Majority ownership or executive

19 authority grants the person who has that authority

20 control over the checkbook.

21 BY MR. LeBOEUF:

22 Q Okay. What about subordinates, though?

23 Would you agree that checks and balances are designed

24 to keep a subordinate who doesn't own the company from

25 mismanaging or converting or taking funds that don't


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1 belong to them?


3 THE WITNESS: I would agree that the

4 subordinate doesn't have executive authority;

5 that, yes, that would apply.

6 BY MR. LeBOEUF:

7 Q Okay. In the public positions that you held

8 at Palm Bay on the city council, and then in Oveida on

9 the commission, and then being deputy mayor, and also

10 with the Central Florida Planning Commission, you were

11 familiar with the term "conflict of interest"; right?


13 THE WITNESS: Generally.

14 BY MR. LeBOEUF:

15 Q What does "conflict of interest" mean to you?


17 THE WITNESS: As it applies to those

18 positions, that you, there are some laws in

19 Florida about disclosing conflicts of interest.

20 BY MR. LeBOEUF:

21 Q Okay. Well, let me ask you this. Can we

22 agree that a conflict of interest exists when you have

23 duties and responsibilities from one party or

24 organization that interferes with your ability to have

25 an arm's length negotiation with another party?


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2 THE WITNESS: Would you repeat the question?

3 BY MR. LeBOEUF:

4 Q Sure. And anytime I ask you a question that

5 you don't understand, do what just what you did, ask me

6 to repeat it and I will be happy to.

7 A I understand.

8 Q Can we agree that a conflict of interest

9 exists when you have duties and responsibilities to one

10 party or organization that interfere with your ability

11 to have an arm's length negotiation with another party

12 or organization?


14 THE WITNESS: Yes, I would agree to that.

15 BY MR. LeBOEUF:

16 Q Let's move forward now to January of 2007. I

17 also wanted to tell you that this is not an endurance

18 race. We will be here for a while.

19 A Okay.

20 Q So if we come to a point where you need a

21 break, a drink of water or anything, or bathroom break,

22 feel free to just let me know, okay?

23 A I appreciate that.

24 Q I would like to know why you think you were

25 selected as Chairman of the RPOF --


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2 BY MR. LeBOEUF:

3 Q -- in 2007?


5 THE WITNESS: Well, there are two parts to

6 that answer.

7 BY MR. LeBOEUF:

8 Q Okay.

9 A One, I was told by George LeMieux and by

10 Arlene DiBegnino, who was the deputy campaign manager,

11 that -- of Charlie Crist's gubernatorial campaign --

12 that I had done a very good job as the Seminole County

13 and Central Florida Chairman for the campaign, and that

14 those type of abilities were needed as Chairman of the

15 Party.

16 And they also indicated they wanted to bring

17 some business approaches to running the Party. And

18 that was from their standpoint.

19 And then secondly, George LeMieux asked me

20 what position did I feel that I would like to have.

21 Q Okay. And did you tell him that's what you

22 wanted to do?


24 MR. LeBOEUF: Basis.

25 MR. CHASE: It's irrelevant. It doesn't have


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1 anything to do with the severance agreement.

2 BY MR. LeBOEUF:

3 Q Okay.

4 A Based on a conversation I had with him of

5 what they wanted to, what approach they wanted to take

6 to managing the Party, that description felt like -- my

7 entrepreneurial background, business background,

8 ability to raise money -- that sounded like the fit.

9 And then some of the other rumors I was

10 hearing that I was being considered for, I didn't have

11 much interest in.

12 Q Okay. So fair to say that you wanted to be

13 the Chairman of RPOF in 2007?


15 THE WITNESS: Not initially; but ultimately,

16 yes.

17 BY MR. LeBOEUF:

18 Q Okay. When you say not initially, is that

19 because you were considering or looking at other

20 positions with the Party?

21 A No --


23 THE WITNESS: -- it was because I really

24 didn't know what they wanted me to do.

25 BY MR. LeBOEUF:


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1 Q Okay. Fair to say, though, that ultimately

2 you agreed and you pursued the position as Chairman of

3 the Party in January of 2007?


5 THE WITNESS: After the Governor contacted me

6 in November of 2006 and said that's what he wanted

7 me to do, the answer to that was yes.

8 BY MR. LeBOEUF:

9 Q Okay. Now, talk to me a little bit more

10 about your fundraising experience. You said that was

11 one of the reasons you were approached --

12 A Uh-huh.

13 Q -- about taking this position. Tell me about

14 your experience with that.


16 THE WITNESS: We had been successful in

17 putting on several fundraisers for Charlie Crist

18 in Seminole County, then ultimately central

19 Florida. And he was very happy with the results.

20 As a matter of fact, quite often made a

21 comment about that aspect of our success in

22 Seminole County.

23 BY MR. LeBOEUF:

24 Q Had you had any prior fundraising experience?

25 A No.


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1 MR. CHASE: Object to form. Give me an

2 opportunity to object.

3 THE WITNESS: I'm sorry.

4 BY MR. LeBOEUF:

5 Q How did you --

6 MR. SUKHIA: Did you have an answer to the

7 last question?

8 MR. LeBOEUF: He said no, no prior.

9 THE WITNESS: I'm sorry, may I correct that?

10 BY MR. LeBOEUF:

11 Q Sure.

12 A Except in my own city council races.

13 Q And that would have been for Palm Bay and for

14 Oveida?

15 A Yes.


17 THE WITNESS: But actually, I had raised

18 money for other political candidates. I'm sorry

19 about that. I had raised money for Tom Feeney.

20 MR. CHASE: There is no question pending.

21 THE WITNESS: I'm sorry.

22 BY MR. LeBOEUF:

23 Q The money for Tom Feeney, wasn't that for his

24 2008 election or was it before?

25 A No.


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2 THE WITNESS: We had helped him before. And

3 I raised money for Jeb Bush's election, too.

4 BY MR. LeBOEUF:

5 Q What year?


7 THE WITNESS: The first time that he was

8 unsuccessful, which I think was '94, and the

9 second time that he was successful.

10 BY MR. LeBOEUF:

11 Q Is that 2000?


13 THE WITNESS: That would be '98.

14 BY MR. LeBOEUF:

15 Q Okay. How did you first meet Charlie Crist?

16 A I met Charlie Crist in 1999, I believe, when

17 he was the deputy secretary of the Department of

18 Business and Professional Regulation.

19 Q Okay. Tell me about your relationship with

20 him. So you met him in '99. Was that a business

21 meeting or something?


23 THE WITNESS: Generally lunches, social.

24 BY MR. LeBOEUF:

25 Q Did that relationship grow into a friendship?


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2 THE WITNESS: Casual friends.

3 BY MR. LeBOEUF:

4 Q Did it remain as casual friends? I mean

5 ultimately you became his fundraiser in Seminole

6 County, right, in 2006?

7 MR. CHASE: Object. Object to form.

8 THE WITNESS: Yes.

9 BY MR. LeBOEUF:

10 Q Okay. Did you contribute to any of his

11 campaigns?



14 BY MR. LeBOEUF:

15 Q When? When was the first time?


17 THE WITNESS: When he ran for the U. S.

18 Senate the first time.

19 BY MR. LeBOEUF:

20 Q Do you remember what year that was?


22 THE WITNESS: I don't.

23 BY MR. LeBOEUF:

24 Q Do you know how much you gave him?



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1 THE WITNESS: I don't.

2 BY MR. LeBOEUF:

3 Q Did you contribute to all of his campaigns

4 after that?


6 THE WITNESS: No.

7 BY MR. LeBOEUF:

8 Q Okay. Do you know a woman named Michelle

9 Pasiak?

10 A Yes.

11 Q How do you know her?

12 A She was a business manager for RCS.

13 Q And when you say RCS, you are talking about

14 --

15 A Regulatory --

16 Q -- your company. I don't mind if you use

17 that abbreviation, I just wanted to establish that when

18 you say RCS you are referring to Regulatory Compliance

19 Services, your company?

20 A Yes.

21 Q So she was one of your business managers?

22 A Yes.

23 Q Okay. You trusted her?


25 THE WITNESS: Initially, yes.


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1 BY MR. LeBOEUF:

2 Q How long did she work for you?


4 THE WITNESS: A year.

5 BY MR. LeBOEUF:

6 Q One year?

7 A Maybe two. I don't recall.

8 Q Was she always a business manager?

9 A No.


11 BY MR. LeBOEUF:

12 Q So she worked in a different position first?


14 THE WITNESS: No, I believe she was hired as

15 the bookkeeper, business manager.

16 BY MR. LeBOEUF:

17 Q Now, going back to your election to the Palm

18 Beach city council in 1992, you were familiar with

19 fundraising laws, right?


21 THE WITNESS: No.

22 BY MR. LeBOEUF:

23 Q Okay. Well, what about when you were elected

24 to the city commission, you understood that there were

25 laws pertaining to fundraising and contributions,


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1 correct?

2 A Yes.


4 BY MR. LeBOEUF:

5 Q Ms. Pasiak testified you gave her $500 in

6 cash and asked her to use it to write a check for the

7 Crist campaign, is that true?

8 A No.


10 BY MR. LeBOEUF:

11 Q Pardon me?

12 A No.

13 Q Do you know why she would lie about that?


15 THE WITNESS: Ms. Pasiak, I can't remember

16 how she pronounces her name, she left the company

17 on bad terms. And I can only assume that those --

18 MR. CHASE: Go ahead. Answer the question.

19 THE WITNESS: Those bad terms play a role in

20 her testimony.

21 BY MR. LeBOEUF:

22 Q Okay. What were the bad terms?


24 THE WITNESS: As I recall, she was coming in

25 late a lot. She was not maintaining the books


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1 properly. She was having disputes with my wife

2 who at that time was overseeing the accounting.

3 She was leaving work early in the afternoons. And

4 I just, that's as much as I can remember.

5 BY MR. LeBOEUF:

6 Q Who was your wife at that time?

7 A Lisa King.

8 Q Did you fire Ms. Pasiak?

9 A I believe so. I don't recall.


11 THE WITNESS: I don't recall the exact

12 circumstances of her departure.

13 BY MR. LeBOEUF:

14 Q Have you ever given cash to anyone and ask

15 them to write a check for a candidate?

16 A No.

17 MR. CHASE: Object to form. Give me a chance

18 to object, Jim.

19 BY MR. LeBOEUF:

20 Q Let's start with prior to your selection as

21 the chairperson in RPOF, Chairman. What was your

22 understanding of the Governor's role in RPOF?

23 A Could you repeat the question?

24 Q Sure. I will split up the question just in

25 case there is a change. Before you became Chairman of


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1 RPOF, did you have an understanding of what the

2 Governor's role was in the operation of the RPOF?


4 THE WITNESS: Yes.

5 BY MR. LeBOEUF:

6 Q What was that understanding?

7 A If the Governor is of the same Party, he runs

8 the Party.

9 Q Okay. January 2007 you become Chairman of

10 RPOF, right?

11 A Yes.

12 Q Did your view of the Governor's role change

13 --


15 BY MR. LeBOEUF:

16 Q -- with regard to the operation of RPOF?


18 THE WITNESS: I was surprised at how much the

19 Governor is active in the decision making of major

20 decisions of the Party.

21 BY MR. LeBOEUF:

22 Q Okay. So after you became Chairman of RPOF,

23 your opinion of the Governor's power in the operation

24 of RPOF was enhanced? You believe he had even more

25 power than you thought?


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1 BY MR. LeBOEUF:

2 Q I was asking you for examples how the

3 Governor's office was more involved than you thought

4 they would be when you became Chairman.


6 BY MR. LeBOEUF:

7 Q So the previous administration's Chief of

8 Staff would come and have weekly staff meetings with

9 RPOF?


11 BY MR. LeBOEUF:

12 Q Go ahead.

13 A And provide directives to the staff of the

14 Party activities.

15 Q Okay. Anything else?


17 THE WITNESS: I was instructed who I could

18 hire as the General Counsel of the Party.

19 BY MR. LeBOEUF:

20 Q Now, we are talking about once you became

21 chairperson. I thought we were talking a moment ago

22 about the prior administration.

23 Did Governor Crist's administration also have

24 his Chief of Staff come over and have weekly staff

25 meetings?


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2 THE WITNESS: His Chief of Staff would either

3 have -- would have regular meetings at the Party.

4 BY MR. LeBOEUF:

5 Q Okay. What other directives did you receive

6 from the Governor? Now we are talking about Governor

7 Crist, right? When you were Chairman.


9 THE WITNESS: What General Counsel to hire,

10 not to conduct a straw poll at presidency three or

11 presidency four.

12 BY MR. LeBOEUF:

13 Q What do you mean by presidency three or four?


15 THE WITNESS: It is a convention that is held

16 in relationship to an upcoming presidential

17 election.

18 BY MR. LeBOEUF:

19 Q Okay. So what election are we talking about

20 now?


22 BY MR. LeBOEUF:

23 Q 2008?


25 BY MR. LeBOEUF:


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1 Q You are Chairman in 2007. The next

2 presidential election is 2008 where President Obama was

3 elected, right?

4 A Yes.

5 MR. CHASE: (Inaudible) Object to form.

6 BY MR. LeBOEUF:

7 Q The Governor instructed your office not to

8 conduct a straw poll in connection with that election?


10 THE WITNESS: Presidency four was held in

11 2007.

12 BY MR. LeBOEUF:

13 Q I'm assuming presidency four is a term of art

14 utilized inside your organization?

15 A No, it is the name of --


17 THE WITNESS: It is the name of the entity,

18 it is the name of the convention. It is held one

19 year out from the presidential.

20 BY MR. LeBOEUF:

21 Q Okay. So we are talking about an RPOF

22 convention?

23 A Uh-huh. Yes.

24 Q All right. You indicated that the Governor

25 instructed you who to hire as General Counsel for RPOF?


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2 BY MR. LeBOEUF:

3 Q Is that correct?

4 A Yes.

5 Q And who was that?


7 THE WITNESS: Jason Gonzalez.

8 BY MR. LeBOEUF:

9 Q And when did you hire him?


11 THE WITNESS: January of 2007.

12 BY MR. LeBOEUF:

13 Q Do you know who prior General Counsel was?



16 BY MR. LeBOEUF:

17 Q Do you know Jay Burmer?



20 BY MR. LeBOEUF:

21 Q How do you know him?


23 THE WITNESS: He was a friend of the

24 Governor's and a political consultant to the

25 Party.


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1 BY MR. LeBOEUF:

2 Q Okay. What role, if any, did he play in RPOF

3 when you became Chairman?


5 THE WITNESS: He was retained as a political

6 consultant to the Governor.

7 BY MR. LeBOEUF:

8 Q Was he paid by RPOF?



11 BY MR. LeBOEUF:

12 Q So he had a consulting contract with RPOF?



15 BY MR. LeBOEUF:

16 Q Did you prepare that agreement?



19 BY MR. LeBOEUF:

20 Q Do you know how much he was paid?


22 THE WITNESS: I believe it was $10,000 a

23 month.

24 BY MR. LeBOEUF:

25 Q Did you have anything to do with the


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1 negotiation of that contract?


3 THE WITNESS: No.

4 BY MR. LeBOEUF:

5 Q Who did?


7 THE WITNESS: There wasn't really any

8 negotiation.

9 BY MR. LeBOEUF:

10 Q Wouldn't the oversight and consummation of

11 that contract have been handled by RPOF's General

12 Counsel, Mr. Gonzalez?


14 THE WITNESS: No.

15 BY MR. LeBOEUF:

16 Q Is it your testimony that Mr. Gonzalez had

17 nothing to do with the review, preparation or approval

18 of that contract?


20 THE WITNESS: He had nothing to do with the

21 approval of it.

22 BY MR. LeBOEUF:

23 Q Who approved it?


25 THE WITNESS: I did.


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1 BY MR. LeBOEUF:

2 Q Okay. With consultation with anyone else?

3 A The Governor.


5 BY MR. LeBOEUF:

6 Q All right. I will show you a document and

7 ask you if you recognize that.

8 MR. CHASE: Hang on a second. Give me a

9 chance to read it.

10 MR. LeBOEUF: He certainly can read it. I

11 just want to know if he recognizes it.

12 MR. CHASE: Well, before give me a chance to

13 look at it, please, Mr. LeBoeuf.

14 (Brief pause.)

15 BY MR. LeBOEUF:

16 Q Do you recognize that as a Republican Party

17 of Florida Oath of Loyalty signed by you on

18 January 28th, 2007?

19 A That appears to be my signature.

20 Q Okay. Do you recognize this as a true and

21 accurate cope of that document?

22 A I don't recall this document.

23 Q I didn't ask you if you recalled it. Do you

24 recognize this as a true and accurate copy of the

25 document that you signed?


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2 THE WITNESS: It appears to be my signature.

3 BY MR. LeBOEUF:

4 Q Okay. And you certainly would have read this

5 Republican Party of Florida oath of loyalty before you

6 signed it, wouldn't you?


8 THE WITNESS: Not necessarily.

9 BY MR. LeBOEUF:

10 Q Do you routinely sign documents without

11 reading them or reviewing them?

12 A I do not routinely do that.

13 Q Do you have any evidence to indicate that you

14 did not read this before you signed it?

15 A No.

16 Q Would you please read the last paragraph of

17 this oath of loyalty.

18 A "And finally, I pledge to work on behalf of

19 RPOF in total good faith. If at any point my desires,

20 intentions, or personal agenda ever come in conflict

21 with this document I am to notify officials at the RPOF

22 immediately."

23 Q Do you agree with that statement?




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1 BY MR. LeBOEUF:

2 Q As Chairman of RPOF, from January of 2007

3 until you left that position, did you comply with this

4 requirement of the Republican Party of Florida oath of

5 loyalty?

6 A I believe I did.


8 MR. LeBOEUF: I would like to mark this and

9 attach it to the deposition as Exhibit 1.

10 (Whereupon, the document was marked as

11 Deposition Exhibit No. 1.)

12 BY MR. LeBOEUF:

13 Q In that last paragraph of Exhibit No. 1 where

14 it says you are to notify officials at RPOF

15 immediately, last sentence, what officials at RPOF were

16 you to notify of any potential conflict?


18 THE WITNESS: I don't know.

19 BY MR. LeBOEUF:

20 Q Would it have been the General Counsel, Mr.

21 Gonzalez?



24 BY MR. LeBOEUF:

25 Q Did you ever ask anybody when you signed this


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1 agreement, if I have a potential conflict of interest

2 who should I talk to?


4 THE WITNESS: No.

5 BY MR. LeBOEUF:

6 Q Were you given a job description following

7 your election as Chairman of RPOF?

8 A No.

9 Q What is your understanding of your primary

10 duties and responsibilities to be?


12 THE WITNESS: Well, there were various

13 opinions of what the role of Chairman was.

14 MR. CHASE: Listen to the question.

15 THE WITNESS: Sorry.

16 BY MR. LeBOEUF:

17 Q What did you understand your primary duties

18 and responsibilities to be as Chairman of RPOF?


20 THE WITNESS: To promote the Governor's

21 agenda.

22 BY MR. LeBOEUF:

23 Q Anything else?


25 THE WITNESS: Have success in Republican


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1 elections, elections with Republicans.

2 BY MR. LeBOEUF:

3 Q Anything else?


5 THE WITNESS: Try and get more voters to

6 register Republican.

7 BY MR. LeBOEUF:

8 Q Anything else?


10 THE WITNESS: No.

11 BY MR. LeBOEUF:

12 Q Did you also have fundraising

13 responsibilities as part of your duties as Chairman?

14 MR. CHASE: I'm sorry. I'm sorry, Dean.

15 BY MR. LeBOEUF:

16 Q Sure, I will be happy to repeat it. Didn't

17 your duties and responsibilities as Chairman also

18 include fundraising?


20 THE WITNESS: Not initially.

21 BY MR. LeBOEUF:

22 Q So when you were selected as Chairman, is it

23 your testimony that part of the chairman's role in 2007

24 was not to assist with and help develop and coordinate

25 fundraising?


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3 BY MR. LeBOEUF:

4 Q When did that change?


6 THE WITNESS: I started becoming involved

7 more in fundraising generally from November of

8 2008 on. Somewhere around there.

9 BY MR. LeBOEUF:

10 Q Okay. Tell me about that. Tell me how you

11 became more involved in fundraising and why.


13 THE WITNESS: The Governor was calling upon

14 me to, directing me to becoming more involved.

15 The current fundraiser was not raising the amount

16 of money the Governor felt was sufficient. And I

17 was trying to address the issue.

18 BY MR. LeBOEUF:

19 Q Okay. Who was the current fundraiser at the

20 time?


22 THE WITNESS: Meredith O'Rourke.

23 BY MR. LeBOEUF:

24 Q Talk to me a little bit about the chain of

25 command at RPOF. You were the Chairman.


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1 A (Nodding head.)

2 Q Thelma Johnson was your Executive Director?


4 THE WITNESS: What year?

5 BY MR. LeBOEUF:

6 Q Okay. Not initially?

7 A No.

8 Q All right, let's just deal with you as

9 Chairman. Who do you answer to?


11 THE WITNESS: The Governor.

12 BY MR. LeBOEUF:

13 Q So you would view as Chairman of RPOF that

14 your supervisor and the person who you would report to

15 would be the Governor?



18 BY MR. LeBOEUF:

19 Q Anybody else?


21 THE WITNESS: No.

22 BY MR. LeBOEUF:

23 Q What about the Board?


25 THE WITNESS: The Board sets policy in some


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1 circumstances, but it is not involved in the

2 day-to-day management of the Party.

3 BY MR. LeBOEUF:

4 Q So is it your position that you did not have

5 any accountability or reporting requirements to the

6 Board?


8 THE WITNESS: That is not my position. There

9 were some instances where the Board set policy and

10 approved certain activities; generally, political

11 activities.

12 BY MR. LeBOEUF:

13 Q Can you give me examples?


15 THE WITNESS: Delegate selection at the

16 convention, where the next quarterly meeting is

17 going to be.


19 BY MR. LeBOEUF:

20 Q There is. I wanted to know what examples you

21 could give me of activities that were run or

22 coordinated by the Board.

23 MR. CHASE: He gave you a couple. There is

24 no question pending.

25 BY MR. LeBOEUF:


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1 Q Do you have others?

2 A No.

3 Q So what type of activities would you be

4 responsible to reporting to the Board on?

5 MR. CHASE: Object -- object to form. Sorry.

6 THE WITNESS: There was very little that the

7 Board was involved in when it came to the

8 management of the Party.

9 BY MR. LeBOEUF:

10 Q Okay. Remember earlier we talked about

11 checks and balances, right?

12 A Yes.


14 BY MR. LeBOEUF:

15 Q We talked about what those mean. I'm trying

16 to establish what checks and balances existed for you

17 as Chairman of the Party.


19 BY MR. LeBOEUF:

20 Q You told me that your supervisor and who you

21 reported to was the Governor. Right?

22 A Yes.


24 BY MR. LeBOEUF:

25 Q You haven't given me any examples of any


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1 specific things that you reported to the Board on with

2 regard to your activities, correct?


4 THE WITNESS: No, that's not true. I've

5 given you some examples.

6 BY MR. LeBOEUF:

7 Q I want to know things you reported to the

8 Board on.


10 THE WITNESS: I provided a, I had a monthly

11 conference call with the Board in which I informed

12 them of staff changes, political decisions that

13 had been made, initiatives that the Governor was

14 setting.

15 I believe the Board did approve an annual

16 budget that was submitted and prepared and given

17 to them in January, I believe.

18 Quarterly meetings consisted of various

19 reports provided, but generally the board was more

20 interested in whether we were having shrimp at the

21 quarterly meeting coming up versus anything

22 substantive.

23 BY MR. LeBOEUF:

24 Q Okay. What about General Counsel? Did you

25 have any reporting requirements as Chairman of RPOF to


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1 the General Counsel?


3 THE WITNESS: No.

4 BY MR. LeBOEUF:

5 Q Okay. What about fundraising agreements or

6 fundraising contracts? Who had the authority to enter

7 into those contracts or agreements?


9 THE WITNESS: The Chairman.

10 BY MR. LeBOEUF:

11 Q Okay. As Chairman did you --

12 MR. CHASE: Hold on a second, Dean. I have

13 an issue.

14 (Brief recess.)

15 BY MR. LeBOEUF:

16 Q Is it your testimony that the Chairman alone,

17 that you alone had the authority to approve those

18 agreements, and that those agreements didn't need to be

19 reviewed or approved by anyone else?



22 BY MR. LeBOEUF:

23 Q On the chain of command when you served as

24 Chairman of RPOF, did you believe that you had any

25 reporting responsibilities to the General Counsel?


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2 THE WITNESS: No.

3 BY MR. LeBOEUF:

4 Q Did you feel that the Chairmanship of the

5 RPOF was a full-time position?


7 THE WITNESS: I treated it as such.

8 BY MR. LeBOEUF:

9 Q Okay. Did you have regular hours?


11 THE WITNESS: In most cases, yes.

12 BY MR. LeBOEUF:

13 Q Okay. What would those be?


15 THE WITNESS: Depending on what the day

16 looked like, they could start as early as 7:00 in

17 the morning and go to as late as midnight.

18 BY MR. LeBOEUF:

19 Q By virtue of the nature of the position, is

20 it fair to say you considered it almost an

21 around-the-clock kind of position that you were, in

22 essence, on-call for any significant issue that might

23 be facing the Party?

24 A Yes.



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1 THE WITNESS: Yes.

2 BY MR. LeBOEUF:

3 Q Where were you living when you were elected

4 as Chairman? I think you told me you would have been

5 in Oveida at the time?

6 A Yes.

7 Q Did you ever move to Tallahassee while you

8 were Chairman?

9 A Yes.

10 Q Okay. Did you maintain two residences then?

11 A Yes.

12 Q Okay. When and where did you move?


14 THE WITNESS: The Party provides the Chairman

15 an apartment in Tallahassee.

16 BY MR. LeBOEUF:

17 Q Did you move there shortly after you were

18 elected Chairman?


20 THE WITNESS: Not immediately. The previous

21 Chairman was refusing to move out for a period of

22 time.

23 BY MR. LeBOEUF:

24 Q Who was that?

25 A Carole Jean Jordan.


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1 Q Do you know when you moved in?


3 THE WITNESS: I believe it was March.

4 BY MR. LeBOEUF:

5 Q '07?

6 A Yes.

7 Q When you took over in January of 2007 as

8 Chairman, I would like to explore a little bit more of

9 what your understanding was with regard to fundraising

10 before that changed in 2008.

11 Is it fair to say that in 2007 you were at

12 least responsible for consulting with RPOF officials

13 and Ms. O'Rourke or anyone else regarding fundraising

14 for the Party?


16 THE WITNESS: During that period of time,

17 Ms. O'Rourke would schedule, manage, conduct, and

18 hold the fundraisers. And generally, I was just

19 told what time to be there.

20 BY MR. LeBOEUF:

21 Q Is it your testimony in 2007 and 2008 you had

22 nothing else to do with fundraising?


24 THE WITNESS: We would meet periodically and

25 she would inform me of what events, what


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1 fundraising events she had scheduled.

2 Periodically, the Governor would make an

3 inquiry to me about some event coming up; but

4 generally, at that time all communication relating

5 to fundraising was between the Governor and

6 Meredith directly.

7 BY MR. LeBOEUF:

8 Q She was the only fundraiser for the Party at

9 the time.


11 THE WITNESS: The House and Senate had their

12 own fundraisers separate from Meredith O'Rourke

13 within the Party structure.

14 BY MR. LeBOEUF:

15 Q And who were they?



18 BY MR. LeBOEUF:

19 Q Did the Speaker of the House and the

20 President of the Senate also have fundraising

21 responsibilities?


23 THE WITNESS: I don't know what their role

24 was.

25 BY MR. LeBOEUF:


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1 Q Okay. What was your starting salary as

2 Chairman of RPOF?



5 BY MR. LeBOEUF:

6 Q If the records indicated it was $95,000 a

7 year, does that sound accurate?



10 BY MR. LeBOEUF:

11 Q When you took on the position as Chairman of

12 RPOF, was this a pay cut for you? A pay raise? How

13 did it compare to your prior income?


15 THE WITNESS: It was a reduction.

16 BY MR. LeBOEUF:

17 Q Did you voice any complaint to anyone about

18 the rate of pay for the position and indicate any

19 reservation about taking the position based on the

20 compensation?

21 A No.


23 BY MR. LeBOEUF:

24 Q So when you took the job you knew what the

25 pay was and you agreed to take the position for that


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1 pay rate?

2 A No.


4 BY MR. LeBOEUF:

5 Q What --

6 A I didn't know what the pay was.

7 Q When you accepted the position you didn't

8 know what the pay was?


10 THE WITNESS: When I was called and asked to

11 serve as Chairman, I had no idea what the pay was.

12 BY MR. LeBOEUF:

13 Q Okay. But then ultimately you agreed to take

14 the position. And when you agreed to take the

15 position, you certainly knew what it paid, didn't you?


17 THE WITNESS: At some point in time I think I

18 asked what the position paid.

19 BY MR. LeBOEUF:

20 Q Okay. Before you took the position?

21 A Before I was elected.

22 Q All right. And in terms of being elected,

23 you agreed to having your name submitted for election,

24 correct?



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1 THE WITNESS: I accepted the Governor's

2 request to become Chairman.

3 BY MR. LeBOEUF:

4 Q Okay. And you were elected by the RPOF Board

5 for that position, correct?


7 THE WITNESS: The entire state committee.

8 BY MR. LeBOEUF:

9 Q Okay. And you certainly had the ability to

10 withdraw your name from the ballot prior to the vote,

11 right?

12 A Yes.



15 BY MR. LeBOEUF:

16 Q So when you were actually elected as Chairman

17 in January of 2007, you knew what the position as

18 Chairman of the RPOF paid, and you agreed to be elected

19 understanding what the compensation would be; right?


21 THE WITNESS: I don't recall whether I knew

22 what the position paid at that time.

23 BY MR. LeBOEUF:

24 Q Didn't you just tell me a moment ago that by

25 the time you were elected you knew what the position


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1 paid?


3 THE WITNESS: I assume sometime during the

4 transition period from the time the Governor asked

5 me to become Chairman till the January election, I

6 may have become aware what the position paid; but

7 it wasn't a priority of mine at that time.

8 BY MR. LeBOEUF:

9 Q Okay. So you were willing to take the

10 position whatever it paid?



13 BY MR. LeBOEUF:

14 Q So then it is fair for me to say that the

15 amount you were paid as Chairman of the Party really

16 wasn't that significant to you in terms of whether or

17 not you were willing to take the position or not.



20 BY MR. LeBOEUF:

21 Q Okay. Did that change?


23 THE WITNESS: Repeat the question.

24 BY MR. LeBOEUF:

25 Q Sure. You said not initially, you didn't


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1 really care what the position paid when you were

2 originally selected as Chairperson.

3 Did the rate of compensation for the position

4 change for you while you served as Chairman, in terms

5 of its importance or significance to you?


7 THE WITNESS: Yes.

8 BY MR. LeBOEUF:

9 Q When and why?

10 A The why is, there were --

11 MR. CHASE: Object to form. Go ahead and

12 answer if you can. There are two questions.

13 THE WITNESS: I understand. The why was that

14 there was discussion, I don't recall who, that the

15 Democratic Party Chairman was making more than the

16 Republican Party Chairman. And that the

17 Republican Party Chairman should make more than

18 the Democratic Party Chairman. And there was a

19 vote of the Board to raise my salary.

20 BY MR. LeBOEUF:

21 Q All right. Who initiated discussion or came

22 up with this alleged revelation that the Democratic

23 Party Chairperson made more?




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1 BY MR. LeBOEUF:

2 Q Was it you?

3 A No.


5 BY MR. LeBOEUF:

6 Q Okay. So someone other than you brought to

7 the table the claim that the Democratic Party

8 Chairperson made more than you were being paid; is that

9 right?

10 A Yes.

11 MR. CHASE: Object to form. Wait for me to

12 get my objection in, Jim.

13 BY MR. LeBOEUF:

14 Q So the issue of your compensation as Chairman

15 wasn't an issue raised by you. Someone else said that

16 the Democratic Chairman for Florida makes more money

17 that Mr. Greer makes. Mr. Greer should make more than

18 the Democratic Chair.


20 BY MR. LeBOEUF:

21 Q Is that how it went?



24 BY MR. LeBOEUF:

25 Q So at this time you weren't complaining about


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1 your level of compensation.


3 THE WITNESS: No, not when that discussion

4 first arose.

5 BY MR. LeBOEUF:

6 Q Well, at anytime did you complain to anyone

7 that you did not feel you were being paid fairly for

8 your position?


10 THE WITNESS: No.

11 BY MR. LeBOEUF:

12 Q So it was based on some part you can't

13 remember, some person you can't remember, bringing up

14 that allegedly the Democratic Chairman was making more

15 money than you, and so this came up to the RPOF

16 committee, and that was the basis for your pay being

17 increased?


19 THE WITNESS: Well, first it wasn't me. The

20 discussion was the Democratic Chairman -- I can't

21 remember her name -- was making I think a

22 hundred -- I don't remember what the exact number

23 was.

24 MR. CHASE: Just answer the question, Jim.

25 THE WITNESS: No. It was that, and then the


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1 Executive Board took the matter up. I was

2 commended, the Executive Board commended me for my

3 service.


5 THE WITNESS: And the Executive Board did

6 that.

7 BY MR. LeBOEUF:

8 Q Your salary was actually increased from

9 $95,000 to $130,000 in August of 2007; right?


11 THE WITNESS: When?

12 BY MR. LeBOEUF:

13 Q August 2007.


15 THE WITNESS: I don't recall the date.

16 BY MR. LeBOEUF:

17 Q If the records of the organization reflect

18 that as the date of your increase, you don't have

19 anything to dispute that, do you?

20 A No.


22 BY MR. LeBOEUF:

23 Q Do you know who Jim Stelling is?

24 A Yes, I do.

25 Q Who is he?


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1 A He was the Vice-Chairman of the Republican

2 Party of Florida and former Chairman of the Seminole

3 County Executive Board.

4 Q Mr. Stelling is the one who advocated for you

5 for this pay raise, isn't he?



8 BY MR. LeBOEUF:

9 Q When did you first meet Mr. Stelling?


11 THE WITNESS: Approximately 2005.

12 BY MR. LeBOEUF:

13 Q In what context?


15 THE WITNESS: He was a business person in

16 Seminole County, and I met him at some political

17 event.

18 BY MR. LeBOEUF:

19 Q If the records of the Republican Party of

20 Florida show Mr. Stelling was the one who advocated for

21 and promoted the idea of you receiving this pay raise,

22 you don't have any records or information to dispute

23 that, do you?


25 THE WITNESS: No.


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1 BY MR. LeBOEUF:

2 Q Did you have a personal or business

3 relationship with Mr. Stelling?


5 THE WITNESS: Not at that time.

6 BY MR. LeBOEUF:

7 Q Ever?


9 BY MR. LeBOEUF:

10 Q In other words, did you ever have a personal

11 or business relationship with him?

12 A Yes.

13 Q What was that?


15 THE WITNESS: We became friends.

16 BY MR. LeBOEUF:

17 Q Okay. So you had a personal relationship.

18 Did you ever have any type of business relationship

19 with him?



22 BY MR. LeBOEUF:

23 Q What?

24 A His company borrowed some money from me at

25 one point in time.


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1 Q What company is that?



4 BY MR. LeBOEUF:

5 Q And you are sure you lent it to his company

6 and not to him personally?


8 THE WITNESS: Repeat the question.

9 BY MR. LeBOEUF:

10 Q This loan, you said that his company borrowed

11 some money from you. And my question to you is, follow

12 up is, are you sure that the money was loaned to his

13 company and not to him personally?

14 MR. CHASE: I objected to form.


16 BY MR. LeBOEUF:

17 Q Okay. How much money?


19 THE WITNESS: I think it was $80,000.

20 MR. LeBOEUF: Let me show you some documents

21 for identification purposes. We will mark these

22 as Composite Exhibit 2.

23 (Whereupon, the document was marked as

24 Deposition Exhibit No. 2.)

25 BY MR. LeBOEUF:


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1 Q Do you recognize the first two pages as

2 checks from Mr. Stelling to you, and then attached to

3 that a two-page promissory note?


5 BY MR. LeBOEUF:

6 Q From Mr. Stelling to you?

7 A I recognize the checks, but I don't recognize

8 the document.

9 Q Okay. Let's talk about the document entitled

10 Promissory Note. It is a two-page document, the last

11 two pages of Composite Exhibit 2.

12 You recognize this as an unsigned promissory

13 note from 2007?


15 THE WITNESS: I do.

16 BY MR. LeBOEUF:

17 Q Do you remember preparing this document?


19 THE WITNESS: No.

20 BY MR. LeBOEUF:

21 Q Do you know who prepared this document?


23 THE WITNESS: No.

24 BY MR. LeBOEUF:

25 Q Does this document help you in refreshing


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1 your recollection that the actual amount of the loan

2 was $85,000 made by you to Mr. Stelling?


4 THE WITNESS: I see that it says $85,000 here

5 on this document.

6 BY MR. LeBOEUF:

7 Q Okay. What I asked you is, does this

8 document refresh your recollection? Do you think that

9 based on this document that the amount of the loan from

10 you to Mr. Stelling was $85,000?


12 THE WITNESS: It was either 80 or 85.

13 BY MR. LeBOEUF:

14 Q Okay. Does this document also assist you in

15 recalling that the loan was made in 2007?



18 BY MR. LeBOEUF:

19 Q You agree this loan was made in 2007?



22 BY MR. LeBOEUF:

23 Q And that the loan was made to Mr. Stelling,

24 not to one of his companies?

25 A I don't know that to be the case.


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1 Q Okay.

2 MR. CHASE: Object to form. If I forgot to

3 object, it is in there.

4 MR. LeBOEUF: I also won't have any doubt

5 about that when we read the transcript, Damon.

6 We'll almost assume it for you.

7 MR. CHASE: I appreciate that.

8 BY MR. LeBOEUF:

9 Q The first two pages of Exhibit No. 2, do you

10 recognize those to be checks from Mr. Stelling to you?



13 BY MR. LeBOEUF:

14 Q And those are personal checks, right?

15 A Yes.


17 BY MR. LeBOEUF:

18 Q And are these checks --

19 MR. CHASE: Slow down, Jim.

20 BY MR. LeBOEUF:

21 Q -- payments toward the amount of money you

22 lent to Mr. Stelling?



25 BY MR. LeBOEUF:


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1 Q Okay. Do you know if he made any other

2 payments?



5 BY MR. LeBOEUF:

6 Q Did he ever pay off the loan?


8 THE WITNESS: No.

9 BY MR. LeBOEUF:

10 Q Was a formal promissory note ever executed

11 between you and Mr. Stelling with regard to this loan?



14 BY MR. LeBOEUF:

15 Q Okay. Do you have a copy of that executed

16 promissory note?


18 THE WITNESS: No.

19 BY MR. LeBOEUF:

20 Q Who does?



23 BY MR. LeBOEUF:

24 Q So you lent him $85,000. You executed a

25 promissory note. You are not sure if it is a


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1 promissory note that is attached to Exhibit No. 2;

2 correct?


4 THE WITNESS: Correct.

5 BY MR. LeBOEUF:

6 Q And Mr. Stelling never paid off that loan,

7 but you don't know where the original promissory note

8 exists?


10 THE WITNESS: I do not.

11 BY MR. LeBOEUF:

12 Q Do you know if Mr. Stelling made any payments

13 other than the two payments that we've attached to

14 Exhibit No. 2.



17 BY MR. LeBOEUF:

18 Q All right. Did you ever take any action to

19 try and collect the money that you lent him?


21 THE WITNESS: Formal action?

22 BY MR. LeBOEUF:

23 Q Any action.


25 BY MR. LeBOEUF:


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1 Q Did you send him a letter? Did you file

2 suit? Did you do anything?


4 THE WITNESS: I asked him to pay me.

5 BY MR. LeBOEUF:

6 Q Verbally?

7 A Uh-huh.


9 BY MR. LeBOEUF:

10 Q Is that it?



13 BY MR. LeBOEUF:

14 Q Why didn't you bring any other action? Why

15 didn't you file suit to collect the money?


17 THE WITNESS: Because he has no money.


19 BY MR. LeBOEUF:

20 Q Did you disclose this loan to Mr. Stelling to

21 anyone at the RPOF?


23 THE WITNESS: No.

24 BY MR. LeBOEUF:

25 Q And you certainly lent this money to


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1 Mr. Stelling after you were Chairman of RPOF, right?


3 THE WITNESS: Yes.

4 BY MR. LeBOEUF:

5 Q Don't you think it is a conflict of interest

6 to have a person like Mr. Stelling, who has got a

7 leadership role in RPOF, to lend him money while you

8 were Chairman of RPOF and not disclose that to anyone

9 else with RPOF?


11 THE WITNESS: No.

12 BY MR. LeBOEUF:

13 Q Why not?


15 THE WITNESS: This loan had no relationship

16 to RPOF whatsoever.

17 BY MR. LeBOEUF:

18 Q You don't see it as a conflict of interest in

19 lending him the money when he is the one who advocated

20 for your raise?


22 THE WITNESS: No.

23 BY MR. LeBOEUF:

24 Q Did you ever discuss this with the Governor,

25 the loan that you made to Mr. Stelling?


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2 THE WITNESS: No.

3 BY MR. LeBOEUF:

4 Q Did you receive any additional salary

5 increases after August 2007?



8 BY MR. LeBOEUF:

9 Q Isn't it true that you did not?



12 BY MR. LeBOEUF:

13 Q Did you request any other salary increases

14 after the increase you received in August of '07?


16 THE WITNESS: No.

17 BY MR. LeBOEUF:

18 Q Is that for the same reason you didn't feel

19 that the compensation you received as Chairman wasn't

20 important to you?


22 THE WITNESS: Never, never arose. Never was

23 an issue.

24 BY MR. LeBOEUF:

25 Q So you felt like you were fairly compensated?


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2 THE WITNESS: Compensation was never an

3 issue. I was worried about other things.

4 BY MR. LeBOEUF:

5 Q You never told anyone that you felt like you

6 were not being fairly compensated for the position; is

7 that true?


9 THE WITNESS: No.

10 BY MR. LeBOEUF:

11 Q It is not true?

12 A That I was --


14 THE WITNESS: -- as Chairman?

15 BY MR. LeBOEUF:

16 Q Yes.

17 A No.

18 Q Okay. I am confused by the answer, so let me

19 rephrase it.

20 While you were Chairman of RPOF, did you ever

21 complain to anyone at anytime that you were not being

22 fairly compensated for that position?


24 THE WITNESS: No.

25 BY MR. LeBOEUF:


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1 Q Okay. Are you familiar with the Employee

2 Policies & Procedures Manual?


4 THE WITNESS: No.

5 MR. LeBOEUF: Why don't we take a quick break

6 because we may have that document. We will take a

7 break and come back in a minute.

8 (Brief recess.)

9 BY MR. LeBOEUF:

10 Q Okay. I would like to show you a document

11 entitled, Republican Party of Florida Employee Policies

12 & Procedures Manual, revised April 18th, 2007.

13 Is yours marked? That's my copy. Do you

14 recognize this document, sir?

15 A I do not.

16 Q You were, in fact, Chairman of the RPOF and

17 subject to the Employee Policies & Procedures Manual as

18 of April 18th, 2007, when this document was revised,

19 weren't you?


21 THE WITNESS: I don't recall ever seeing this

22 document.

23 BY MR. LeBOEUF:

24 Q This document shows that it was revised on

25 April 18th, 2007. You were certainly the acting


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1 Chairman at that time, right?


3 THE WITNESS: I was Chairman during that

4 time.

5 BY MR. LeBOEUF:

6 Q Okay. Let's talk about your other duties and

7 responsibilities. Did you have other employees besides

8 yourself at RPOF?



11 BY MR. LeBOEUF:

12 Q Okay. How many?

13 A I don't know.

14 Q More than five?

15 A At RPOF?

16 Q Yes.

17 A Yes.

18 Q More than 10?



21 BY MR. LeBOEUF:

22 Q Okay. Wouldn't you agree as Chairman you

23 were the head of RPOF as Chairman, weren't you?


25 THE WITNESS: I believe the Governor is the


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1 head of RPOF.

2 BY MR. LeBOEUF:

3 Q Okay. Under the Governor are you second in

4 command?

5 A Yes.


7 BY MR. LeBOEUF:

8 Q Would you agree that your duties and

9 responsibilities included the oversight and management

10 of the other employees at RPOF?


12 THE WITNESS: Not directly.

13 BY MR. LeBOEUF:

14 Q O