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In Re: Kathy Foster

TO: Kathy Foster 13650 Columbine Avenue Wellington, FL 33414

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 14-25.3

Lisa Goldman 135 St Davie Way Wellington, FL 33414

NOTICE OF HEARING (INFORMAL HEARING)

A hearing will be held in this case before the Florida Elections Commission on August 26, 2015, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room 110-S, 404 South Monroe Street, I allahassee, FL 32399.,

Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause ..

This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows:

If you are the Respondent, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission. However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard.

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date.. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases

The Commission will electronically record the meeting. Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing

If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at I 07 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing

See fur th er instructions on the reverse side ..

NOH FEC #14··253

JI.my :MC,/(ft1n1er <Toman Executive Director Florida Elections Commission August 11, 2015

' 1.

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street, Suite 224

Kathy F oste1 13650 Columbine Avenue Wellington, FL 33414

Collins Building Tallahassee, Florida 32399-1050

(850) 922-4539

May29, 2015

RE: Case No .. : FEC 14-253; Respondent: Kathy Foster

Dear Ms. Foste1:

The Florida Elections Commission at its last regularly scheduled meeting was unable to heai this case .. Therefo1e, this case has been rescheduled for its next meeting, which is scheduled for August 18-19, 2015 in Tallahassee A notice of hearing will be mailed apprnximately 14 days before the hearing ..

If you have any questions, please contact us at the number listed above or at foc@myfl 01 idalegal.com.

AMT/dam cc: Lisa Goldman, Complainant

Aut029(!2108)

Sincerely,

/s/)1.my 911.c'l(fle'Ver <Toman Executive Directo1

April 9, 2015

Donna Ann Malphurs Commission Clerk Florida Elections Commission 107 W .. Gaines St Suite 224 Tallahassee, FL 32399-1050 RE: Case No.: 14-253

Dear Ms .. Malphurs:

iu\S f\PR \ 5 ' A 8: 5 3

In response to the Commission's Order of Probable Cause dated March 20, 2015, please accept this written request for an informal hearing ..

We are not disputing any material fact in the case, but request the Commission consider and determine willfulness at the hearing ..

As I previously stated in my sworn affidavit to the Commission dated October 16, 2014 and in my previous letter to the Commission dated September 3, 2014, my actions in this matter were not willful ..

To summarize, I am a former elected official with 11 years of public service experience. I was previously elected to the ACME Improvement District Board of Supervisors and as Mayor and Councilwoman for the Village of Wellington..

I have always been careful to follow the requirements of Chapter 106 Florida Statutes and have never been the subject of a previous complaint with the Florida Elections Commission.

The failure to include a disclaimer on the one invitation which is the subject of this Order was an accidental oversight, not intentional or willful ..

All of my other campaign materials, invitations, brochures, direct mail pieces, including my campaign website and Facebook page had a proper disclaimer ..

Attached please find several other fund raising invitations from my recent county commission campaign .. All had a proper disclaimer ..

Florida Statute 106 .. 143 states: "Any person who willfully violates any provision of this section is subject to the civil penalties prescribed ins 106.265"

The Merriam-Webst-er dictionary defines "willfuf' as "done deliberately, intentional, willful disobedience .. "

Nothing about this accidental, inadvertent omission was deliberate, intentional or willful ..

I ask the Commissio[! find that my actions in this matter were not willful ..

Thank you for your consideration ..

~-h Kathy Foster 13650 Columbine Ave .. Wellington, FL 33414 561-596-9536

Veronica Bauer Deborah Bigeleiscn Michelle Damone Michelle Diffenderfe!' Sandie Foland Barbara F1etwell Lenne Gapstur

HOST COMMITTEE

Daryl Glenney Michelle Gonzalez Marie Horenbu!'ger Sandra Kaplan Gail Kleinert Linda L Long Jeanne Matullo

Trudy McConnell Jill Merrell Carey O'Donnell Evelyn Parkes Edith Pecan Loverly Sheridan Ellen Smith

Lisa Tlopepe Gigi Tylander Karen Webster Martha Webstel'

Professional Women and Women Business Owners invite you to a campaign fundraiser

for

Kathy Foster for County Commission District 6

on

Wednesday, November 6, 2013 5:30 - 7:00 p.m.

at

E.R Bradley's Saloon 104 S. Clematis Street

Suggested contribution: $50, $100 or $250 (Maximum allowable contribution: $1,000 pc!' individual or corporation)

Please RSVP to 561-651-1499 If you cannot attend the event, but would like

to make a contribution, please send your check, payable to the "Kathy Foster Campaign Account;' to

Campaign of Kathy Foster; 13650 Columbine Avenue, Wellington, FL .3.3414 ..

Kathy is a member of the Executive Women of the Palm Beaches and the Women's Chamber of Commerce of Palm Beach County.

for


on

Friday, May 23, 2014 5:00 .. 7:00 p.m.

Polo match starts at 5:00 p.m. at

Grand Champions Polo Fields 13444 Southfields Road• Wellington

Suggested contribution: $250 Maximum allowable contribution: $1,000 per individual or corporation

Please RSVP to 561-651-1499 If you cannot attend the event, but would like to make a contribution,

please send your check, payable to the "Kathy Foster Campaign Account," to Campaign of Kathy Foster; 13650 Columbine Avenue, Wellington, FL 33414

HOST COMMITTEE Bobby & B.J. Ewing

John & Linda Herring John & Angela Lacy

Hon. Carmine & Marie Priore Dennis & Maureen Witkowski

Please join us at a campaign fundrasier

for

. .... I


on

Thursday, November 21, 2013 5:30 - 7 :00 p.m.

atthe

Aero Club 15675 Take Oft' Place• \Vellington

(Clubhouse)

Suggested contribution: $100 or $250 (i\laximum allowable contribution: $1000 per individual or corporation)

Please RSVP to 561-651-1499 If you cannot attend the event, but" ·ould like to make a contribution, please send your check,

payable to the ·Kathy Foster Campaign Account," to Campaign of Kathy Foster0 ·---

13650 Columbine Avenue, Wellington, FL 33414.

I~ Kathy Foster for County Commission

..

,

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..

P~EASt: JOIN BOB SANDERS AND TOM DERITA AT A CAMPJ_\.IGN .RECEPTION FOR -

KATHY :FGSTER I

FOR PALM BEACH COUNTY COMMISSION, DISTRICT 6

.. ...

•

'

' '

. . -WEDN-ESD-AY, MARCH 5, 2014

" 3:30 - 5:30 P.M.

AT THE LAW OFFICES OF

GREENBERG TRAURIG 777 S. FLAGLER DRIVE

SUITE 300 EAS1

WEST PALM BEACH, FLORIDA 33401

SPECIAL GUEST

JOHN WALSH HOST OF

AMERICA'S MOST WANTED

SUGGESTED CONTRIBUTION $250, $500 OR $1,000

MAXIMUM ALLOWABLE CONTRIBUTION $1,000 (PER INDIVIDUAL OR CORPORATION)

PLEASE RSVP TO 561-651-1499

IF YOU CANNOT ATTEND THE EVENL BUT WOULD LIKE IO MAKE A CONTRIBUTION.

PLEASE SEND YOUR CHECK. PAYABLE IO 'KATHY FOSTER CAMPAIGN ACCOUNT TO

CAMPAIGN OF KATHY FOSTER

13650 COLUMBINE AVENUE. WELLINGTON. FL 33414

POllliCAL CON1RIBUIIONS ARE N01 TAX DEDUCTIBLE F0R FEDERAL INCOME IAX PURPOSES

POLITICAl .\OVERTISEMENT l''.r\10 FOR AND APPROVED BY Ko\THY FOSTER DEMOCRAT FOR PAl.M BEACH COUNTY COMMISSION DISTRICT 6.

HOST COMMITTEE Ann & Tommy Holt Rick & Jeanie Roth

Paul Allen Eric Hopkins Bill Kennedy

Poul Orsenigo David Self

Stewart Stein I·· ..• -0 .. -0 -0 ... , .................... , ....... ,, ................... ., .................................. , ................................................ ··I

Please join us at a campaign luncheon and fundraiser

for


on

Thursday, May 8, 2014 Noon - 1:30 p.m.

at the

',f Western Palm Beach Farm Bureau 3019 State Road 15

Belle Glade

Suggested contribution: $250, $500 or $1,000 i\laximum allowable contribution: $ J,000 per individual or corporation

Please RSVP to Rhonda at 561~996~0343

Il"you cannot attend the event, but would like to make a contdbution, please send your· check, payable to the "Kathy Foster· Campaign Account," to Campaign of Kathy F'oster1 13650 Columbine Avenue, Wellington, FL 33414

or you can make a secur·e online contribution on the campaign website.

www.kathyfoster2014.com !J Kathy Foster for County Commission

\ .~.7"!~~

15 MAR 20 AM 3: Sb

SIATE OF FLORIDA ELECTIONS COMMiSS!ON


Florida Elections Commission, Petitioner,

Case No.: FEC 14-253 v.

Kathy Foster, Respondent

ORDER OF PROBABLE CAUSE

THIS MATTER was heard by the Florida Elections Commission (Commission) at its

1egulaily scheduled meeting on February 25, 2015, in I allahassee, Florida

Based on the Complaint, Repott of Investigation, Staff's Recommendation, and oral

statements (if any) made at the probable cause hearing, the Commission finds that there is

probable cause to charge Respondent with the following violation(s):

Count 1:

On 01 about July 22, 2014, Kathy Foster violated Section 106 143(l)(a), Florida Statutes, when she paid for and distributed a political advertisement that contained express advocacy but did not include a proper disclaimer

DONE AND ORDERED by the Florida Elections Commission on February 25, 2015

P:/Order of Probable Cause docx (07/14) FEC Case# 14-253

Tim olladay, Chair Florida Elections C

•

Copies furnished to: Stephanie J. Cunningham, Assistant General Counsel Kathy Foster, Respondent Lisa Goldman, Complainant

NOTICE OF RIGHT TO A HEARING

As the Respondent, you may elect to resolve this case in several ways First, you may elect to resolve this case by consent order where you and Commission staff agree to resolve the violation(s)s and agree to the amount of the fine. The consent order is then presented to the Commission for its app10val To discuss a consent 01der, contact the FEC attorney identified in the Order of Probable Cause

Second, you may request an informal hearing held before the Commission, if you do not dispute any material fact in the Staff Recommendation You have 30 days from the date the Order of Probable Cause is filed with the Commission to request such a hearing. The date this order was filed appears in the upper right-hand comer of the first page of the order.. At the hearing, you will have the right to make written or oral arguments to the Commission concerning the legal issues related to the violation(s) and the potential fine.. At the request of Respondent, the Commission will consider and determine willfolness at an informal hearing. Otherwise, live witness testimony is unnecessary.

Third, you may request a formal hearing held before an administrative law judge in the Division of Administrative Hearings (DOAH), if you dispute any material fact in the Staff Recommendation You have 30 days from the date the Order of P10bable Cause is filed with the Commission to request such a hearing .. The date this 01der was filed appears in the upper righthand comer of the first page of the 01der.. At the hearing, you will have the right to present evidence relevant to the violation(s) listed in this order, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against you

If you do not elect to resolve the case by consent order or request a formal hearing at the DOAH or an informal hearing before the Commission within 30 days of the date this Order of Probable Cause is filed with the Commission, the case will be sent to the Commission for a formal 01 informal hearing, depending on whether the facts are in dispute. The date this order was filed appears in the upper right-hand corner of the first page of the order.

To request a hearing, please send a written request to the Commission Clerk, Donna Ann Malphurs The address of the Commission Clerk is 107 W Gaines Street, Collins Building, Suite 224, Tallahassee, Florida 32399-1050 The telephone number is (850) 922-4539 The Clerk will provide you with a copy of Chapter 28-106, Florida Administrative Code, and other applicable rules upon request No mediation is available.

P:/Ordcr of Probable Cause docx (07/14) FEC Case# 14-253

I

In Re: Kathy Foster

I 0: Kathy Fostet 13650 Columbine Avenue Wellington, FL33414

STAIE OF FLORIDA FLORIDA ELECTIONS COMMISSION

Case No.: FEC 14-253

Lisa Goldman 135 St Davis Way Wellington, FL 33414

NOTICE OF HEARING (PROBABLE CAUSE DETERMINATION)

A heating will be held in this case befo1e the F 101ida Elections Commission on Febrnary 25, 2015, at 8:30 am, or as soon thereafter as the parties can be heard, at the following location: Senate Office Building, Room 110-S, 404 South Monroe Street, Tallahassee, FL 32399,,

Failure to appear in acc01dance with this notice will constitute a waiver of yom right to participate in the hearing Continuances will be granted only upon a showing of good cause

This heating will be conducted pursuant to Section 10625, Flotida Statutes, which governs yom participation as follows:

If you are the Respondent, you may attend the heating, and you or your attorney will have 5 minutes to present yout case to the Commission .. Howevet, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heatd 01 the Commission requests that your case be considered sepaiately on the day ofthe heating, youi case will not be individually heatd.

If you are the Complainant, you may attend the hearing, but you will not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heatd or the Commission requests that the case be consideted separately on the day of the heating, the case will not be individually heard

If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will · have 5 minutes to present your case to the Commission.

Please be advised that both confidential and public cases are scheduled to be heatd by the Florida Elections Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the heatings on other confidential cases

The Commission will electronically 1ecord the meeting Although the Commission's rec01ding is considered the official record of the hearing, the Respondent may provide, at his own expense, a cettified court repotter to also record the hearing

If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at I 07 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Flotida 32399, at least 5 days before the heating.

See further instructions on the reverse side

NOH FEC #r4-253

Jlmy :Mc:Keever <Toman Executive Director Florida Elections Commission Februaty 9, 2015

Please refer to the information below for further instructions related to your particular hearing:

If this is a hearing to consider an appeal from an automatic fine, the Filing Officer has imposed a fine on you for your failure to file a campaign treasurer's report on the designated due date and, by filing an appeal, you have asked the Commission to consider either (1) that the report was in fact timely filed; or (2) that there were unusual circumstances that excused the failure to file the report timely You are required to prove yow case If the Commission finds that the report was filed timely or that the1". were unusual circumstances that excused the failure, it may waive the fine, in whole or in part The Commission may reduce a fine after considering the factors in Section 106265, Florida Statutes If the Commission finds that the report was not timely filed and there were no unusual circumstances, the fine will be upheld.

If this is a hearing to consider a consent order before a determination of probable cause has been made, the Commission will decide whether to accept 01 reject the consent order If the Commission accepts the consent order, the case will be closed and become public If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the case will remain confidential, unless confidentiality has been waived

If this is a hearing to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept or reject the consent order If the Commission accepts the consent order, the case will be closed.. If the Commission rejects the consent order or does not make a decision to accept or deny the consent order, the Respondent will be entitled to another hearing to determine if the Respondent committed the violation(s) alleged

If this is a probable cause hearing, the Commission will decide if there is probable cause to believe that the Respondent committed a violation of Florida's election laws Respondent should be prepared to explain how the staff in its recommendation incorrectly applied the law to the facts of the case Respondent may not testijj;, call others to testifj;, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occuned m a fine should be imposed, Respondent will have an opportunity for another hearing at which evidence may be introduced

If this is an informal hearing, it will be conducted pursuant Sections 120 569 and 120 57(2), Florida Statutes; Chapter 28 and Commission Rule 2B-L004, Florida Administrative Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Order of Probable Cause The Respondent will be permitted to testify However the Respondent may not call witnesses to testify

Respondent may argue why the established facts in the Staff Recommendation do not support the violations charged in the Order of Probable Cause At Respondent's request, the Commission may determine whether Respondent's actions in the case were willful. The Respondent may also address the appropriateness of the recommended fine.. If Respondent claims that his limited resowces make him unable to pay the statutory fine, he must provide the Commission with written proof of his financial resources at the hearing.. A financial affidavit form is available fiom the Commission Clerk

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In Re: Kathy Foster Case No.: FEC 14-253

STAFF RECOMMENDATION FOLLOWING INVESTIGATION

Pursuant to Section 106 25(4)(c), Flo1ida Statutes, undersigned staff counsel files this written recommendation fi::n disposition of the sworn complaint in this case 1ecommending that there is pr·obable cause to charge Respondent with violating Section 106.14.3(l)(a), Florida Statutes.. Based upon a thornugh review of the Report of Investigation submitted on Novembe1 10, 2014, the following facts and law suppo1t this staff 1ecommendation:

L On August 18, 2014, the Florida Elections Commission ("Commission") received a sworn complaint fi om Lisa Goldman (''Complainant"), alleging that Kathy Foster ("Respondent") violated Chapter 106, Florida Statutes.

2 Respondent was a 2014 candidate for Palm Beach County Commission, District 6 Respondent's Statement of Candidate form ("DS-DE 84") was filed on June 3, 2013 .. (ROI Exhibit 11) 1

3. By letter dated September 16, 2014, the Executive Director notified Respondent that Commission staff would investigate the following statutory prnvision:

Section 106.143(1)(a), Florida Statutes: As alleged in the complaint, Respondent, a 2014 candidate for Palm Beach County Commission, District 6, paid for and distributed a political advertisement that contained express advocacy but did not include a prnper disclaimer

4 Complainant alleged that Respondent violated Florida's election laws by failing to include a prnper disclaimer on three campaign fondraiser invitations which were sent by Respondent via e-mail, posted on Respondent's Facebook page, and posted on the Palm Beach County Democratic Party's website

Alleged Violation: E-mail Invitation.

5. On July 22, 2014, Respondent sent a campaign fi.mdraiser invitation via e-mail which stated in part, "Please join us at a campaign fondraiser for Kathy Foster for County Commission Dist1ict 6 " The e-mail invitation did not contain a political disclaimer (ROI Exhibit 2)

1 The Report oflnvestigation is referred to herein as "ROI"

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6.. Respondent stated that the failure to include a disclaimer on the e-mail invitation was an accidental oversight, and was not intentional 01 willfol (ROI Exhibit 4, page 3) Respondent stated that the e-mail invitation was reviewed by he1 prim to being sent and that it was only sent to a list of her supp01te1s .. (ROI Exhibit 4, page 2) Respondent admitted that the email invitation did not contain a prnper disclaimer (ROI Exhibit 4, page 3)

7.. Section 106 025(1 )( c ), Florida Statutes, states that, "Any tickets or advertising for a campaign fond miser must comply with the requirements of s 106.143" Respondent's e-mail invitation failed to comply with Section 106 143(l)(a), Fl01ida Statutes, as it was void of a disclaimer.

Alleged Violation: Facebook Invitation.

8.. Respondent's Facebook page contained an invitation to a campaign fi.mdraiser The invitation included the exact same language found in the e-mail invitation and did not contain a disclaimer.. (ROI Exhibit 5)

9. Respondent stated that her Facebook page on which the invitation was posted contained a prope1 disclaimer .. (ROI Exhibit 3, page 1) Respondent p1ovided a print out of her Face book page showing that the banner at the top of her webpage includes the language, "Political advertisement paid for and approved by Kathy Foster, Democrat for Palm Beach County Commission, District 6 .. " (ROI Exhibit 6)

10 It appears that when viewing Respondent's invitation posted on her Facebook page, the disclaimer would appear on the same webpage as the invitation, and therefore does not appear to be a violation of Section 106143(l)(a), Florida Statutes

Alleged Violation: Palm Beach County Democratic Party Invitation.

1 L The Palm Beach County Democratic Party's website contained an invitation to Respondent's campaign fondraiser.. The invitation was in a different form than the e-mail and Facebook invitations The invitation contained the following deficient disclaimer: "Paid for by Kathy Foster for County Commission" (ROI Exhibit 7)

12 Respondent stated that she did not post nor have any control over the invitation that was posted on the Palm Beach County Democratic Party's website. (ROI Exhibit 3, page 2) She stated that she sent her e-mail invitation to a list of supp01ters, including several local Democratic Pa1ty officials, but did not send a copy to the Palm Beach County Democratic Party (ROI Exhibit 4, page 3)

13. Commission staff contacted multiple representatives of the Palm Beach County Democratic Party regarding the invitation on their website but was unable to obtain information regarding who posted the invitation Commission staff also attempted to make a posting on the website, in order to determine if a member of the general public could have posted the invitation, but was prnmpted to fir st make a payment prior to posting

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14.. It appears that Respondent did not post nor have any control over the invitation that was posted on the Palm Beach County Democrntic Pruty's website and therefore does not appear to be a violation of Section 106 143(1)(a), Floiida Statutes

15.. "Probable Cause" is defined as reasonable grounds of suspicion supported by circumstances sufficiently strong to wrurant a cautious person in the belief that the person has committed the offense chruged Schmitt v State, 590 So .. 2d 404, 409 (Fla. 1991).. Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, rue sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed Department of Highway Safety and Motor Vehicles v Favino, 667 So 2d 305, 309 (Fla. !st DCA 1995)

16.. The facts set forth above show that Respondent was a 2014 candidate for Palm Beach County Commission, District 6 Respondent reviewed and emailed an invitation to a campaign fundrniser to a list of supporters but failed to include a proper disclaimer However, it appears that Respondent's Facebook page invitation includes a proper disclaimer as the banner of her webpage includes the collect verbiage, and that Respondent did not post nor have any control over the invitation that was posted on the Palm Beach County Democratic Pruty's website

Based upon these facts and circumstances, I recommend that the Commission find probable cause to charge Respondent with violating the following:

Count 1:

On or about July 22, 2014, Kathy Foster violated Section 106J43(l)(a), Florida Statutes, when she paid for and distributed a political advertisement that contained express advocacy but did not include a proper disclaimer

Respectfolly submitted on December 11_, 2014

Assistant General Counsel

I reviewed this Staff Recommendation this t q ~of December 2014 ..

Amy McKeever Tom Executive Director

,· I

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Case No.: FEC 14-253

Respondent: Kathy Foster

Complainant: Lisa Goldman

On August i 8, 2014, the Florida Elections Commission received a sworn complaint alleging that Respondent violated Chapter I 06, Florida Statutes.. The Commission staff investigated whether Respondent violated the following statute:

Section 106.143(l)(a), Floiida Statutes, failure of a candidate who made an expenditure for and published a political advertisement before the election to prominently mruk the advertisement with the required disclaimer..

I. Preliminary Information:

I Respondent was a candidate for the Palm Beach County Commission, District 6; she was defeated in the primary election held on August 26, 2014. In 1996, Respondent was elected to the Wellington Village Council and was later appointed as Wellington's first mayor, serving for two yeaIS

2 On June 3, 2013, Respondent's "APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES" form (DS-DE 9) was filed with the Palm Beach County Supervisor of Elections' office Respondent appointed herself as campaign treasurer To review the DS-DE 9 form, refer to Exhibit I

3. Complainant is a resident of Wellington, Floiida. According to campaign records, she provided an in-kind contribution to the campaign of Melissa McKinlay, Respondent's opponent, in the primary election

II. Alleged Violation of Section 106.143(1)(a), Florida Statutes:

4 I investigated whether Respondent violated this section of the election laws by publishing a political advertisement without prominently marking the advertisement with the required disclaimer

5 Complainant offered with her complaint a copy of an e-mail invitation to a fondraiser event held on July 29, 2014; it appears that invitation was e-mailed on July 22, 2014 According to Complainant, the e-mail contained both a "jpeg" and "pdf" version of the

lnv002 (7 /08) I

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invitation Complainant noted that the e-mail invitation was void of a political disclaimer1

6.. In addition, Complainant also noted that the same invitation announcement appeared on Respondent's campaign Facebook page and on the website of the Palm Beach County Democratic Party; the invitation on the website included a disclaimer that read, "Paid for by Kathy Foster for County Commission "

7 The e-mail invitation, the invitation on Respondent's Facebook page and the invitation appearing on the Palm Beach County Democratic Party website will each be addressed in the following paragraphs.

E-mail invitation

8.. The e-mail invitation, in part, reads: "Please join us at a campaign fundraiser for Kathy Foster for County Commission District 6 and help Kathy reach her fondraising goat" The invitation includes information relative to the date, time and location of the fi.mdraiser and ends with the website address for Respondent's campaign as well as an indication that she has a campaign Facebook page.. The e-mail invitation is void of a political disclaimer.. Io review the e-mail invitation, refer to Exhibit 2

9 In her response to the complaint, Respondent stipulates that the invitation did not contain a political disclaimer and stated, "The failure to include the disclaimer on the invitation was an accidental oversight, not intentional or willfol " Respondent added, "Nothing about this accidental, inadvertent omission was deliberate, intentional or willfol" Io review Respondent's response to the complaint, refor to Exhibit 3.

10. Respondent attested in a questionnaire-affidavit that the invitation was distributed solely via e-mail and it was not distributed via mail 01 as a hand-out In addition, Respondent attested that the invitation was e-mailed solely to a list of her supp01ters and she personally reviewed the invitation prim to the e-mail being sent Io review Respondent's response to the questionnaire-affidavit, refor to Exhibit 4.

Invitation on Respondent's Facebook page

11 invitation Exhibit 5

Respondent's Facebook page shows the exact same invitation as that of the e-mail Io review the invitation as it appeared on Respondent's Facebook page, refer to

12. In her response to the complaint, Respondent stated, "The Facebook page on which the invitation was posted had a proper disclaimer" With her response, Respondent offered a page fi om her Face book page Located at the top of the page is a banner that reads, "Kathy Foster For County Commission District 6" and concludes with a political disclaimer that reads, "Political advertisement paid for and approved by Kathy Foster, Democrat for Palm Beach County Commission, District 6." Io review Respondent's Facebook page with the banner

1 I attempted to contact Complainant on a number of occasions to inquire of her as to how she secured a copy of the e-mail invitation I was unable to establish telephone contact with Complainant In addition, I attempted to contact her via correspondence; she never responded

Inv002 2

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including a political disclaimer, iefer to Exhibit 6 ..

Invitation on the Palm Beach County Democratic Partv website

13.. The website of the Democrntic Party does not disclose the exact same invitation as the e-mail invitation but it does contain the same verbiage Located at the bottom of the invitation is a political disclaimer that reads, "Paid for by Kathy Foster for County Commission " Io review the invitation on the website of the Palm Beach County Democratic Party, refer to Exhibit 7

14 As part of her response to the complaint, Respondent stated, ''I did not post or have any control over the copy of the invitation that was reposted on the Democratic Party website" It is noted that the invitation appearing on the website reads, "Posted by Guest" Io review Respondent's response to the complaint, refer to Exhibit 3

15 In a questionnaire-affidavit, Respondent had been asked about the invitation appearing on the website and to her knowledge, how the local party obtained a copy of the invitation., Respondent stated, "While anyone may have forwarded the invitation to the local Democratic Party, my e-mail list of supporters includes the 'personal' e-mail addresses of several local Democratic Party officials " Respondent fwther stated, "I did not e-mail the invitation to the Palm Beach County Democratic Party Whoever posted the invitation on theiI website took it upon themselves to add the aforementioned political disclaimer" To review Respondent's response to the questionnaire-affidavit, refer to Exhibit 4

16 I tried unsuccessfolly to contact a representative with the Palm Beach Democratic Party to inquire about Respondent's invitation appearing on their website2

17 I reviewed the party's website and participated in an exercise to determine whether I would be able to add an event to the "Find Events" page It appears that a person posting an event would not be allowed to randomly post an invitation to the website but would first have to make a payment prior to having an event posted on the website.

18 With her response to the complaint, Respondent offered a sample of other advertisements for campaign fundiaisers which included the correct political disclaimer Each of the invitations includes the political disclaimer: "Political advertisement paid for and approved by Kathy Foster, Democrat for Palm Beach County Commission, District 6 " Io review a sample of campaign advertisements provided by Respondent, refer to Exhibit 8

19 Respondent's advertisements also alluded to her campaign website Respondent's website, http://kathyfoster2014.com, includes the same political disclaimer as the political disclaimer as shown on her other campaign advertisements and her Face book page. Io review a page from Respondent's website, refer to Exhibit 9

2 I attempted to speak with someone affiliated with the Palm Beach Democratic Party; however, this individual was unable to assist me and suggested that I contact the chairwoman of the Patty I e-mailed the chairwoman and asked that she call me in response to my e-mail; however, as of the date of this report, she has not called or responded to my e-mail

3 -----~--- -------- --------

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20 Respondent added that throughout her numerous years as an elected official, "! have always been ca1eful to follow the requiiements of Chapter 106 Florida Statutes and have neve1 been the subject of a previous complaint with the Division of Elections " To review Respondent's response to the questionnaire-affidavit, refer to Exhibit 4.

21 No record was found to indicate that Respondent has previously violated this section of the election laws ..

III. FEC History:

22.. Respondent has no p1ior histo1y with the Florida Elections Commission.

Conclusion:

23 On Novembe1 10, 2014, I interviewed Respondent fo1 the purpose of providing her with a brief overview of the case and to affo1d her an opportU!lity for questions 01 comments When asked, Respondent said that she had nothing to add to the case

24. In an affidavit, Palm Beach County Supervisor of Elections' Susan Buche1 attested that Respondent has sought elective office previously when she was a candidate fo1 mayor in the Village of Wellington in 1996 In addition, Ms .. Bucher attested that candidates fo1 office in which she is the filing office1 are advised to download copies of Chapter 106, Florida Statutes as well as the Candidate and Campaign Treasurer Handbook from their website or the Division of Elections' website.. Io 1eview the affidavit of Susan Buche1, refe1 to Exhibit 10

25 In an affidavit, Respondent attested that she has previously been a candidate fo1 elective office and that she has read Chapter 106, Florida Statutes. Respondent repo1ted that she does not possess nm has she read the Candidate and Campaign Treasurer Handbook When asked what action had she taken to dete1mine her responsibilities under Florida's election laws, she stated,"! am familim with Florida's election laws and hired a p10fessional consulting firm to assist me with my cmnpaign" Io review Respondent's response to the questionnaiie-affidavit, refe1 to Exhibit 4.

26 Respondent executed a Statement of Candidate fo1m indicating that she has been provided with access to 1ead and unde1stand the 1equi1ements of Chapter 106, Flo1ida Statutes; the fo1m is dated as having been signed on June 3, 2013 Io review the signed Statement of Candidate fmm, 1efer to Exhibit 1 L

27 Pursuant to Rule 2B-L003, Florida Administrative Code, this case was originally categoiized as a minor violation and a consent order with a fine of $250 was available; Respondent rejected the mino1 violation and consent orde1 The case was assigned to me for investigation that requiied approximately 18 hours to complete.

lnv002 4

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Kathy F oste1 13650 Columbine Avenue Wellington, Florida 33414

The Honornble Susan Bucher

Respectfully submitted on Novembe1 10, 2014

Keith Sm~ Investigation Specialist

Lisa Goldman 135 St David's Way Wellington, Flo1ida 33414

Palm Beach County Supe1viso1 of Elections 240 South Milita1y I rail West Palm Beach, F101 ida 3 3415

Copy famished to: David Flagg, Investigations Manage1

5

/ I

FLORIDA ELECTIONS COMMISSION REPORT OF INVESTIGATION

Kathy Foster -- FEC 14-253

Exhibits #s

Exhibit 1 DS-DE 9 fo1m

Exhibit 2 E-mail invitation

Exhibit 3 Response to the complaint

Exhibit 4 Response to QI A

Exhibit 5 Invitation on Respondent's Facebook page

Exhibit 6 Respondent's Facebook page re: banne1

Exhibit 7 Invitation on Palm Beach Co Democrntic Paity website

Exhibit 8 Sainple of adve1tisements provided by Respondent

Exhibit 9 Page from Respondent's campaign website

Exhibit 10 Affidavit of Susan Buche1

Exhibit 11 Statement of Candidate fo1m

, .. I

APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES

(Section 106 .021 (1 ), F S )

(PLEASE PRINT OR TYPE)

NOTE: This form must be on file with the qualifying officer before ooening the campaign account.

1. CHECK APPROPRIATE BOX(ES):

.. I

.

OFFICE USE ONLY

IZJ Initial Filing of Form Re .. filing to Change: 0 Treasurer/Deputy D Depository 0 Office 0 Party

3. Address (include post office box or street, city, state, zip code)

2 Name of Candidate (in this order: First, Middle, Last)

Kathy Foster 13650 Columbine Avenue t-4-.""'T-e-le-p-ho_n_e----..,-5-E-·--m-a-il-a-dd-r-es-s------<wellington, FL 33414

(561 ) 596·9536 kfosterfl@aoLcom

6 Office sought (include district, circuit, group number)

Palm Beach County Commission, District 6 7. If a candidate for a nonpartisan office, check if

applicable: D My intent is to run as a Write .. ln candidate.

8. If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a

D Write-In 0 No Party Affiliation lX! Democrat Party candidate

9. I have appointed the following person to act as my

10 Name of Treasurer or Deputy Treasurer

Kathy Foster

11 Mailing Address

13650 Columbine Avenue

fXI Campaign Treasurer O Deputy Treasurer

12 Telephone

( 561 ) 596-9536 13 .. City

Wellington

14. County

Palm Beach

15 State

FL

16. Zip Code

33414 17 E-mail address

[email protected]

18. I have designated the following bank as my

19 Name of Bank

PNC Bank

21 City

Wellington

22 County

Palm Beach

~ Primary Depository O Secondary Depository

20. Address

12850 Forest Hill Boulevard

23 State

FL

24. Zip Code

33414

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMEN)'(!F CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT /IRE T~UE.

I '

25 Date

06/03/13

26 Signature of Candidate ' _); .. .-'- I ·/1

~- . 2"f'1t" -~·/ ,_. I X ;fc0;/A 1.,, - '·Y 'iS7 itv, 27 Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriate block)

I, ---------=.,.----K~at~h_y_F_o~s~t_e_r ___________ ' , do hereby accept the appointment (Please Print or Type Name)

[g] Campaign Treasurer D o;puty Treasu~er::,.:·) I , 7 __..!. .... > ..... · ! ...

/\"~/JJ 1 ·-'-!-.JJ-i\_ designated above as:

06/03/13 Date , Signature of Can/paign T'l"easurer or Deputy Treasurer

.. ·-_ ...... ;1- I \ Rule 15-2 .. 0001, F..AC ..

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September 3, 2014

Erin Riley Deputy Agency Clerk Florida Elections Commission 107 W .. Gaines St Suite 224 Tallahassee, FL 32399-1050 RE: Case No.: FEC 14-253

Dear Ms .. Riley.

(

Z0!4 SEP -q A q: lJ O

Please accept this response to your letter of August 19, 2014 regarding Case No.: FEC 14-253 (see attached).

Until just recently, I was a candidate for the Palm Beach County Commission, District 6 ..

I am a former elected official with 11 years of public service experience .. was previously elected to the ACME Improvement District Board of Supervisors and as Mayor and Councilwoman for the Village of Wellington.

I have always been careful to follow the requirements of Chapter 106 Florida Statutes and have never been the subject of a previous complaint with the Division of Elections ..

Regarding the invitation which is the subject of this complaint, the invitation did not contain a disclaimer ..

The failure to include the disclaimer on the invitation was an accidental oversight, not intentional or willful..

Attached please find several other fund raising invitations from my recent county commission campaign .. All had a proper disclaimer.

All of my other campaign materials, brochures, direct mail pieces, including my campaign website had a proper disclaimer ..

disclaimer (see screen print attach .. The Facebook page on which the ~ation was posted had a proper

EXHIBIT (a \~z)

' I \ (

The invitation included both, my campaign website address and Facebook address ..

I did not post or have any control over the copy of the invitation that was reposted on the Democratic Party website ..

Florida Statute 106 .. 143 states "Any person who willfully violates any provision of this section is subject to the civil penalties prescribed in s.106..265 .. "

The Merriam·-Webster dictionary defines "willful" as "done deliberately, intentional, willful disobedience" (see attached).

Nothing about this accidental, inadvertent omission was deliberate, intentional or willful.

I ask that the commission make a finding of no probable cause in this matter ..

Thank you.

~ter 13650 Columbine Ave .. Wellington, FL 33414 561-596-9536

' I

AFFIDAVIT OF BACKGROUND INFORMATION Case Number·: FEC 14-253

STATE OF FLORIDA County of Palm Beach

Kathy Foster, being duly sworn, says:

1. This affidavit is made upon my personal knowledge ..

2. I am of legal age and competent to testify to the matter herein.. I am currently employed by: K. Foster Designs, LLC, Interior Design Studio, Owner, 1983-present

3.. Prior to your 2014 campaign for the Palm Beach County Commission, had you ever run for public office? If so, please name the offices(s) you ran for and the date(s) of the elections(s) you ran in.

Acme Improvement District, Board of Supervisors, 11/1989, 11/1993 Village of Wellington, 3/1996, 3/2000

4 .. Have you ever been appointed to act as a campaign treasurer for a candidate? If so, please name the candidate(s) you served as treasurer, the office(s) the candidate ran for, and the dates of the election(s).. ·

I have always served as either my own treasurer or deputy treasurer.

5 .. Have you ever held the office of chairperson or treasurer for a political committee? If so, please list the names and addresses of the committees and dates when you held the position ..

No ..

6 .. What action have you taken to determine your responsibilities under Florida's election laws?

I am familiar with Florida's election laws and hired a profossional consulting firm to assist me with my campaign.

EXHIBIT 4 ~[j' I~{)

7.. Do you possess a copy of Chapter 106, Florida Statutes?

No ..

8.. If so, when did you first obtain it?

NIA

9 .. Have you read Chapter 106, Florida Statues?

Yes ..

10 Do you possess a copy of the Candidate and Campaign Treasurer Handbook?

No ..

1 L Ifso, when did you first obtain it?

NIA

12 .. Have you read the Candidate and Campaign Treasurer Handbook?

No ..

13 .. It is my understanding from our September 30, 2014 telephone conversation that the invitation at issue (the subject of the complaint) was distributed solely via e-maiL Is this correct? Ifno, please explain otherwise.

Yes

14 .. It is my understanding from our telephone conversation that the invitation was e-mailed solely to a list of your supporters .. Is this correct?

Yes

15 .. Did you personally review the e-mail invitation prior to it being distributed?

Yes ..

EXHIBIT A ~- zee1) --·------·----·--··-----·---·-----·------·---·····-----------------------·------:-. ····-··------------

/ I,

16. As prut of your response to the complaint, you offered other political advertisements published by your campaign which include a full and complete political disclaimer,, What process or procedures, if any, did you have in place when reviewing your· political advertisements to ensure your advertisements contained a political disclaimer prior to the advertisements being distributed ..

Both I and my campaign consultants reviewed and approved every political advertisement prior to its distribution ..

17.. According to the complaint, the e-mail invitation also appeared on the website belonging to the local Democratic Party with a political disclaimer that read, "Paid for by Kathy Foster for County Commission,,'' According to your written response to the complaint, you stated: "I did not post or have any control over the copy of the invitation that was reposted on the Democratic Pruty website .. " To your knowledge, how did the local Democratic Party obtain a copy of your invitation to display on their website? '

While anyone may have forwarded the invitation to the local Democratic Pruty, my e-mail list of supporters includes the "personal" e-mail addresses of several local Democratic Pruty officials,

I did not e-mail the invitation to the Palm Beach County Democratic Pruty,. Whoever posted the invitation on their website took it upon themselves to add the aforementioned political disclaimer.

18 .. Did you previously provide the Palm Beach County Democratic Party with a copy of the invitation?

No ..

Please be reminded, I am well awrue that the invitation which is the subject of this complaint did not contain a proper disclaimer,.

Throughout my numerous years as an elected official, I have always been careful to follow the requirements of Chapter 106 Florida Statutes and have never been the su]::)ject of a previous complaint with the Division of Elections ..

The failure to include the disclaimer on the aforementioned invitation was an accidental oversight, not intentional or willful.. .

EXHIBIT 4 (f's 3,c9

All of my other campaign materials, invitations, brochures, direct mail pieces, including my campaign website had a proper disclaimer.

Florida Statute 106 . .143 states: "Any person who willfully violates any provision of this section is sul:Jject to the civil penalties prescribed in s . .106..265 .. "

The Merriam-Webster dictionary defines "willful" as "done deliberately, intentional, willful disobedience .. "

Nothing about this accidental, inadvertent omission was deliberate, intentional or willful..

Thank you for your consideration.

I HEARBY SWEAR OR AFFIRM THAT THE FOREGOING INFORMATION IS T E AND CORRECT TO THE BEST OF MY KNOWL.EDG .

Sworn to (or affirmed and subscribed before me this

I lo ..i+i day of ___ OcJobBrZ

Signature of Notary Public- State of Florida Print, Type or Stamp Commissioned Name of Notary Public

/

'2014

~ DONNA CRUSCO MY COMMISSION H FF022602

~"'~ EXPIRES,8-ni>«OS,2017

Personally Known _____ or Produced Identification-----

Type of Identification Produced:--------------

EXHIBIT

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Please R$VP tP:561:651-1499 If vou <'·"l""' :t!!<'llJ iii" "'""111. bu_1 wouJ.l lik~to m<>k<>-" coiurilnm<>n.

plc"'c ~•·ml ,-nur diox-k, p·:ti":_l.i!c.10 ~-!;~~x.itu:f~cr C,,.m1~~'8" ;\t"<...,uul. to:

C.-i.mpaign of Kathy Poster 13650 Columbine /\.\•enuc-, \Vellington, FL33414

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,, ... ,..,, .• k:tthyfostcr2014.com

--------~ Kathy Foster for County Commission -------~

19hrs\2't

Please loin us at the iundraiser on Tuesday, Julv 291

Uke · C<Jmmem ·Share

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:-~.!A. I Pag. Ila. 1 urge.all local Wester.n Com.rii.u. ·". " .. le ... ~(.:·' ., ... :<"to Support Kattw. regardlesso!vour .. po1itlcar::· ·

·:affliatlon;She has demonstrated her sp!rl.t_of.-:. serving. In her capacity as an Acme improvement' Supervisor and Elected olficlal !Mayor) of We!llng10n, She has a great ... See More Uke · Replv · '61 · 15 hrs

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(I) Kathy Foster for County Cq'Ulllission (

Kathy Foster for County Commission

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Invite

Political advertisement paid for and approved by Kathy Foster Democrat for Palm Beach County Commission District 6

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II What have you been up to 7

~ Kathy Foster for County Commission II:. Posted by Francine Ne!son August 25

Tomorrow is Election Day. Thank you to our supporters for their incredible encouragement and support Now we need one more very important thing Please remember to vote for Kathy Foster and ask 5 of your friends to vote for Kathy Foster tomorrow as well! Thank you I

Like Commen1 Share

John Flynn. John O''Connor Martha Webster and 7 others like th ls

~ Write a comment

H P<o<s Entor1o post

18::' Dennis Bannon Best Of luck ~ Unlike Reply 1 At1gust 25 at 5'05pm

222 people reached

lf!I Kathy Foster for County Commission shared a link ... Posted by Francine Nelson August 23

1 Share

Boost Post )

Today the Palm Beach Post published our op~eds on the Minto Project and

growth in the western communities This is such an important issue Here's

what I had to say

EXHIBIT b

Page 1 of2

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-----D ~-!DEMOCRATIC PARTY

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HOME YOUR PARTY GET INVOLVED VOTING MEDIA FIND EVENTS CONTACT TKJ SPONSORS .................................................................................................................................................................................................................................................... _ ...•..........

Campaign Fundraiser for Kathy Foster for

County Commission District 6 --,·- Invite

From ju! 29 2014 5:30 pm until Ju/ 29 2014 7:00 pm Sa\•e 10 c.aiendar

At Casa Tequila, 12795 W. Forest HiU Bou;evard, Wellington, FL 33414

Posted Dy Guest

; ':'i Categories: Events, Eklcted Offic~ts & Candidates

Rate:

[fDD El!fll IT '!l' Two.t 0 g .. i :.;

Campaign Fundra1ser for Kathy Foster for Count•,• Commission District 6

on

Tuesday. July 29. 201• 5:30 - 7:00 p.m.

at

Casa Tequila

12795 Vi. Forest Hill Boulevard~ \i\'a!lington, FL 33414

Suggested contribution: S1CO. $250 or$500

f>".aximum allowab~ oontribution: Si ,000 per indivQual or oorporation

Please RSVP to 561-651~1499

If you cannot attend the event. but would like to make a contribution.

pleas.e send your check, payab}e to the "'Kathy Foster Campa;gn Acoount," to:

Campaign of Kathy Foster

13650 Columbine Avenue, \i\'ellington. FL 33414

You can aiso make a secure ontine oontn-ouuon on our\\'ebsite at:

wwv1.kathyfoster2014 .com

Paid for b~· Kath'J.• Foster tor County Commission

Add Your Event

Does your Club or

Orgalllz.atlon have an

Event you would like to add 1o our Caiendar?

Let your event be seen

b)' thousands or Palm

Beach C.Ounty [}.amocrats

that '.'isit our site on a

monthly basis. Shara

your events '>\1i'lh other

Democrats and

mcrea~ attendance and

awareness of your

tunciions.

~7~dlf'.1ll1!W .. '"f'"'\Wil "···Aoa•t:ven s·· --

~cxo!Al r~:nJ.1 ;~<.;;"f•)'.;{l'.\t¥~ U.t,'t·,-

® DEMOCRATS ~l~ ... ow:it>n.

•77 ....... ~

Calenda f""'

' july 201'1 I • I !~~/TU ·~:ini$r·-~ • I :30,1:213

1 ___ --l- _ ---t --· -1--- ___ '.--

1 -: 1 a ~ 9 : 10 ~

~~}f i .... -.~ ..... :.11;~~~~;1;~~ l 28 j\:~0; 30 i 31 ! , ____ __,.:':j.L:;;;:rJ __ , __ -.t. ___ ... .....L.

"----.-··"-'""·-----~--~-·-·--··-----·

.. ----\.

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V:e!bniC3.-Baher D~~Briili B1gcl~iSen MiChene D~one Michelle Diffenderfer Sandie F~i.,;d · B"a.rb~i~'"J:irei:well

· ienne GapS~·

HOST C{)MMITTEE

Daryl Glenney MiChelle Gonzalez fy'.(arie Horenburger Sandra Kaplan Gail Klein~rt Iindal Long Jeanne Matullo

Trudy McConnell Jill Merrell Carey O'Donnell Evelyn Parkes Edith Pecan foverly Sheridan Ellen Smith

1~s.a Tropepe Gigi Tylander Karen Webster Martha Webster

Prof~ssional Women and Women Business Owners invite you to a campaign fund.raiser

for


on

Wednesday, November 6, 2013 5:30 - 7:00 p.m.

at

E.R Bradley's Saloon 104 S. Clematis Street

Suggested contribution: $50, $100 or $250 (Maximum allowable contribution: $1,000 per individual or corporation)

Please RSVP to 561-651-· 1499 If you cannot attend the event, but would like

to make a contribution, please send your check, payable to the "Kathy Foster Campaign Account;' to

Campaign of Kathy Foster; 13650 Columbine Avenue, Wellington, FL 33414.

EXHIBIT

\.

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f'2T Bobby & B.J. Ewing John & Linda Herring

John & Susan lacy Hon. Carmine & Marie Priore Dennis & Maureen Witkowski

Please join us at a campaign fundrasier

for


on

Thursday, November 21, 2013 5:30 - 7:00 p.m.

at the

Aero Club 15675 Take Off Place •Wellington

(Clubhouse)

Suggested contribution: $100 or $250 (Maximum allowable contribution: $1000 per individual or coxporation)

Please RSVP to 561-651-1-499

If you cannot attend the event but would like to make a contribution, please send yout check, payable to the •''Kathy Foster Campaign Account," to Campaign of Kathy Foster;

13650 Columbine Avenue. Wellington, FL 33414.

EXHIBIT

PLEASE JOIN BoB' SANDERS AND TOM DERITA AT A. CAMPAIGN RECEPTION FOR

KATHY FOSTER FOR PALM BEACH COUNTY COMMISSION, DISTRICT 6

WEDNESDAY, MARCH 5, 2014 3:30 -· ,5 30 P.M ..

AT IHE LAW OFFICES OF


SUI1E 300 EAST WEST PALM BEACH, FLORIDA 33401

SPECIAL GUEST

JOHN WALSH HOST OF

AMERICA'S MC)ST WANTED


MAXIMUM ALLOWABLE CONTRIBUTION $1.00_0 (PER INDIVIDUAL OR CORPORATION)


!F YOU CANNOT ATTEND THE EVENL BU1 WOULD LIKE TO MAKE A CONIRIBU1ION

PLEASE SEND YOUR CHECK PAYABLE IO KAI HY FOSIER CAMPAIGN ACCOUNT" TO


13650 COLUMBINE AVENUE .. WELLINGTON. FL 33414

··~

for


on

Friday, May 23, 2014 5:00 - 7 :00 p.m.

Polo match starts at 5:00 p.m.

at


Suggested contribution: $250 Maximum allowable contribution:$ 1,000 per individual or corporation

Please RSVP to 561-651-1499 Ifyou cannot attend the event, but would like to make a contribution,

please send your check, payable t e "Kathy Foster Campaign Account," to CampaignofKath:x:...fpst~ 1365 lu bi.J1eAv ue, Wellington, FL33414

. txHlolT .q t:t 5

(

Please join Charlie Sisca & Sisca Construction

at a campaign fundraiser

for

Kathy Foster for Co1mty Co1nmission District 6

on

W~@~§<;:l~y, July 23,. 2.014 4:30 .. 6:30 p.m• .

at

S Oil c t t" "' isca ons .1'11c I<.ln 5589 Okeechobee Boulevard

Suite 201 West Paln1 Beach

Suggested contribution: $250 Light hors d' oeuvres and beverages will be served

(Maximum allowable contribution: $1,000 per individual or corporation)


please send your check, payable to the "Kathy Foster Campaign Account," to:

Campaign of Kathy Foster 13650 Columbine Avenue, Wellington, FL 33414

You can also make a secure online contribution on our website at:

www.kathyfoster2014.com

..• fP.1 • . I

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/ Page I of2

I

~IT) CONTRIBUTE SIGN THE PETITION ABSENTEE BALLOT JOIN THE TEAM ENDORSEMENTS

@lOON(~

WELCOME ABOUT KATHY ON THE ISSUES IN THE NEWS ENDORSEMENTS GET INVOLVED CONTRIBUTE CONTACT US

I LOOK FORWARD TO MEETING YOU AND

HEARING YOUR SUGGESTIONS ON HOW WE CAN WORK

TOGETHER TO MAKE OUR WESTERN COMMUNITIES

EVEN BETTER '

DEAR FRIENDS

First Id like to thank everyone who supported my

campaign and who voted for me While we fell short of our goal I am truly hurnbled by your gE.nerosity

and :support I know we all share thE same

unwavering commitmEnt to our cornmunity and to

preserving our unique quality of life

I also want to express my appreciation for all of the

many well wishes I have received in recent days

regarding my husband Mike His surgery went well

He is horne from the hospital and on the road to a full

recovery

Because many of you have asked I want to also share

with you my thoughts about the recent 1 ace

First I was deeply disappointed by the number and

viciousness of the 1nai! pieces and TV ads that

attacked me with liE.s and innuendo in the final days

of the campaign

Even more disturbing. the mailE.rs were funded by

political committE:es (PACs) associated with

Democratic State Senators Joseph Abruzzo and Jeff

Clemens The mere fact th.at a Democratic E:lected

official would use their committee to attack another

Democrat in a Democratic primary election other than

their own ls unheard of and unconscionable·

i=XH!BIT _9. ~ l 4- ~)

~-------·-

'.(, 2014 KATHY FOSTER

(

Senator Abruzzo formed his PAC on August 1 2014

then solicited a $20 000 00 contribution from a

gambling group looking to build casinos in Miami·

Dade County (Senator Abruzzo sits on the Gaming

committee in Tallahassee) Senator Abruzzo used this

money to create mailers full of lies and outrageous

statements designed to smear my name and

reputation in the western communities

! also wonder if the CEOs of the leading businesses in

Palm Beach County who contributed to the Economic

Council's PAC to promote strong business candidates

know that their contributions were then given to

Senator Clemens· PAC and use·d for hate rnail full of

lies and misinformation

Senator Clemens represents the eastern areas of our

county and doesn't represent any of the voters in

District 6

Both Senator Abruzzo and Senator Clemens rE.present

everything we have all come to hate about politics and

I ask you to remE.mber their behavior at thE. next

election!

While I have not yet made any decision to endorse

any other candidate for the county commission seat

one thing is c!ear I will not be endorsing Melissa

McKinlay My opinion of Ms McKinlay has not

changed She is not qualified to be our county

commissione1

Thank you again for your love and support

/

l.

Kathy Foste1 'OUR Hometown C1ndid.Jtc ·for County Commission, District 6

13650 Columbine Avenue Wellington flofid~i 33414 (561) 596-9536

Page 2 of2

Politic:i! advertisement p.aid for and approved by Kathy Foster Democrat for Palm Beach County

Commission District 6

------------·---http://kathyfoster2014.com/ -·····-·-···- ··············-·--···-··-·--------------Cf/3\l720T4--

( ' I

AFFIDAVIT OF SUPERVISOR OF ELECTIONS .'~ t: t"> ..

Case Number: FEC 14-253 ···· '• 1 ~. liJ/lj " • i.~ ..

1 Please check each item provided to the candidate or his or her staff, and list ffiJ datf that the item was provided. (If the item is published . by the Division ()~ Elections, it"i.s 9: ]

0 unnecessary to provide a copy of the item. If your office published the item, please send l1 ' copy of the item with this affidavit.)

Candidate and Campaign Treasurer Handbook Please indicate Year

"J', pu.,\{)\\!:,\"\ec\ P'-\ J,1-\e:. 'D1vi-:::.,1on o-f' GleG'rlOl\6

2.. Relative to Chapter 106, Florida Statutes and the Candidate and Campaign Treasuier Handbook, how are these publications provided to the candidate and/or her staff?

o Publications are given directly to the candidate and/or her staff

o Publications are available in the office, candidate and/or her staff are advised to pickup the publications for themselves

Candidate and/or her staff are advised to download copies of the publications from our website or the Division of Elections' website

o Other, please explain ____________________ _

3. Did youi office offer any candidate workshops or training seminars prior to the August 2014 primaiy election? ()No({) Yes .. If yes, please list all workshops/training seminais that were attended by the candidate and/or her staff, along with the date of attendance If a staff member attended for the candidate, list his/her name and position. If available, please attach a copy of any attendance sheets from the workshops/training seminats and if available, please provide a copy of the syllabus and outline forthe w01kshops/semina1s

we. t\eJO: ~h.?Qs C .see a±\o cJr>€d \, b® vJe/ s~1e av\ cm Q..J-\-erd ,

4 Prior to her 2014 campaign for Palm Beach County Commission, had Ms Foster ever sought elective office within yom juiisdiction? ~ ) No ()<) Yes If yes, please list the previous office(s) she tan for, the date(s) of the election(s), and the results(s) of the election(s)..

v1llase, of' We\\;rigb"'\·rro..~oY-- lClli to - 1qq B o 11c:;i \ \qq1o .

-------- ----------------~!'_l~l!~:-Jq_@· __ I_~_Q ___ --1nvo44 (5/08) 1 - ----------.. ·- - -·----------------- -

/

I .

5. Does your office have any record of Ms Foster having previously been appointed to serve as a campaign treasurer/deputy treasurer for a candidate within your jurisdiction? QQ No () Yes.. If yes, please list the name(s) of the candidate(s) and the date(s) of the election(s)

etf::/'<lil 6.. Did you or your staff have any conversations with Ms To,dd concerning a provision of Chapter 106, Florida Statutes? ~ No ( ) Yes.. If yes, please indicate whether the conversation was in person, in writing, or by telephone and the subject matter of the conversation If applicable, please provide copies documenting the discussion

7 Please provide copies of the following documents from the candidate's file:

o Any/all Appointment of Campaign Treasurer forms (DS-DE 9) for the 2014 campaign.

o Statement of Candidate for the 2014 campaign

I SWEAR OR AFFIRM IHAI THE INFORMAIION CONTAINED IN IHIS DOCUMENT IS COMPLETE

AND ACCURATE IO IHE BEST OF MY KNOWLEDGE.

r ....... ;·., .... ·-- -

(.1<f"~~"if..\ MARION SALLENBACH ~i~y MY COMMISSION #FF070660

. . ~.':!f:..rit-- EXPIRES November 14 201~ , ~07) 39s.01s3 FloridaNotarySe"'/

------ ••• •v ce.com

s{gilature of Affiant

Sworn to (or affirmed) and subscribed befOre 1ne this 3 0 day of

s:_~~"" Print, Type, or Stamp Com.missioned Name of Notary Public

Personally Known ~or Produced Identification __ _

Type of Identification Produced:---------

EXHIBIT _LO_ (® 14' V Inv044 (5/08) 2

/ I

STATEMENT OF CANDIDATE

(Section 106 .. 023, FS .. )

(Please print or type)

1, Kathy Foster

/

OFFICE USE ONLY

: !

candidate for the office of Palm Beach County Commission, District 6

have been provided access to read and understand the requirements of

Chapter 106, Florida Statutes ..

x /3 Date

Each candidate must file a statement with the qualifying officer within 1 O days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss. 106 .. 19(1)(c), 106 .. 265(1), Florida Statutes) ..

DS-DE 84 (05/11)

EXHIBIT _l.-1-l--

Kathy Foster

FLORIDA ELECTIONS COMMISSION 107 W. Gaines Street

Collins Building, Suite 224 Tallahassee, Florida 32399-1050

(850) 922-4539

September 16, 2014

13650 Columbine Avenue Wellington, FL 33414

RE: Case No.: FEC 14-253: Respondent: Kathy Foster

Deai Ms Foster:

The Florida Elections Commission has received a complaint alleging that you, the Respondent, have violated Section 106 143(1)(a), Florida Statutes, on one occasion A copy of the complaint was previously provided to you

Rule 2B-1 . 003, Florida Administrative Code, provides for resolving certain cases by a consent order before investigation commences. Under the rule, an alleged violation of Chapter 106 will be considered a minor violation ifthe following criteria rue met:

(!)The violation is one identified in the rule;

(2) It is the first time the person is alleged to have committed the violation;

(3) The person agrees to correct the conduct that resulted in the violation, if feasible; and

( 4) When a violation involves political advertising, the person must be nanred in the political advertisement and the complainant must not allege that the advertising was either deceptive or influenced the outcome of the election ifthe violation occurred less than 14 days before the election

This case meets the criteria set forth above. Therefore, the procedures of the Commission allow you one of two options at this juncture You may either, (1) enter into a consent order with the Commission staff and pay a small fine, rather than the potential $1,000 per violation provided for in Section I 06265, Florida Statutes, or (2) not enter into a consent order, in which case the staff will proceed to investigate the allegations in the complaint. The consent order provides that.the Respondent neither admits nor denies the allegation(s) in the complaint, and requires the Respondent immediately to correct the violation, if feasible, and to avoid future violations The consent order does not constitute final action by the Commission until it is accepted and approved by the Commission.

(9109)

If you choose to resolve this case without an investigation and possible hearing, please sign and return the enclosed consent order, together with payment of the specified fine, within 20 days of the date you receive this letter Payment of the fine must be by either cashier's check or other certified funds. The signed consent order will then be considered by the Commission at its next available meeting If the staff does not receive the signed consent order and the fine within 20 days, staff withdraws this offer of settlement and will proceed to investigate the allegations in the complaint

If you choose to proceed with the investigation, the Commission staff will investigate the following statutory provision:

Section 106.143(l)(a), Florida Statutes: As alleged in the complaint, Respondent, a 2014 candidate for Palm Beach County Commission, District 6, paid for and distributed a political advertisement that contained expiess advocacy but did not include a proper disclaimer.

You may respond to the violation alleged in the complaint by filing a notarized.statement providing any information regarding the facts and circumstances sunounding the allegation If you choose to file a response to the complaint, you should file the response within 20 days of the date you receive this letter Your response will be included as an attachment to the investigator's report

Section 106..25, Florida Statutes, provides that when the investigator completes his or her report, staff will mail you a copy of the investigator's report Should you choose to file a response to the report, you must file yom response with the Commission within 15 days of the date of this letter. Ifyom response is timely filed, the Commission will conside1 it when determining prnbable cause

Commission staff will review the Repo1t oflnvestigation and make a written recommendation to the Commission on whether the1e is probable cause to chatge you with violating Chapter 104 or 106, Florida Statutes You will receive a copy of this staff recommendation and will have the oppo1tunity to file a response Should you choose to do so, your response must be filed with the Commission within 15 days of the date the recommendation is mailed to you. If your 1esponse is timely filed, the Commission will consider it when determining probable cause

The Commission will hold a heating to determine whether there is probable cause to charge you with a violation You will receive a notice of hearing at least 14 days before the hearing The notice of hearing will indicate the location, date, and time of yom hearing. If you attend the hearing, you will be pe1mitted to make a btief oral statement to the Commission, but you cannot testify or call others to testify, or introduce any documentaty or other evidence

The staff recommendation and the notice of the probable cause hearing will be mailed to the srune address as this letter I her efore, if yom address changes, you must notify the Commission of your new address. Otherwise, you may not receive the conespondence fiom the Commission staff Failure to receive the documents will not delay the probable cause hearing

Under section I 06 25, Florida Statutes, complaints, Commission investigations, investigative repo1ts, and other documents relating to an alleged violation of Chapters 104 and 106, Florida Statutes, rue confidential until the Commission finds probable cause or no probable

cause. A breach of confidentiality is a criminal violation of the law The confidentiality provision does not apply to the person filing the complaint However, it does apply to you, the Respondent, unless you waive confidentiality in writing. The confidentiality provision does not preclude you from seeking legal counsel. Howeve1, if you retain counsel, your attorney must file a notice of appearance with the Commission before any member of the Commission staff can discuss this case with him 01 her.

If you have any questions, please contact David Flagg, at extension 111, or at the address listed above ..

Enclosures: Consent Order AMT/em

,./ y\/ / . --· / Amy McKeev Toman

Executive D1Tecto1

( '·

<"'"c !"- /.,\ ~-· ~ ' , . -~ \ I ,.... ........ • '. <> ' •• ,'. '.' .'

September 3, 2014 ZDl4 SEP - g A o,: 4 O

Erin Riley Deputy Agency Clerk Florida Elections Commission 107 W .. Gaines St Suite 224 Tallahassee, FL 32399-1050 RE: Case No.: FEC 14-253

Dear Ms .. Riley

, .... - ·~-:- ... -i:Li~· · ..

"'- ~., ..... "

Please accept this response to your letter of August 19, 2014 regarding Case No.: FEC 14-253 (see attached) ..

Until just recently, I was a candidate for the Palm Beach County Commission, District 6 ..

I am a former elected official with 11 years of public service experience .. was previously elected to the ACME Improvement District Board of Supervisors and as Mayor and Councilwoman for the Village of Wellington ..

I have always been careful to follow the requirements of Chapter 106 Florida Statutes and have never been the subject of a previous complaint with the Division of Elections ..

Regarding the invitation which is the subject of this complaint, the invitation did not contain a disclaimer ..

The failure to include the disclaimer on the invitation was an accidental oversight, not intentional or willful ..

Attached please find several other fundraising invitations from my recent county commission campaign .. All had a proper disclaimer ..

All of my other campaign materials, brochures, direct mail pieces, including my campaign website had a proper disclaimer ..

The Facebook page on which the invitation was posted had a proper disclaimer (see screen print attached)..

The invitation included both, my campaign website address and Facebook address ..

I did not post or have any control over the copy of the invitation that was reposted on the Democratic Party website ..

Florida Statute 106 .. 143 states: "Any person who willfully violates any provision of this section is subject to the civil penalties prescribed in s .. 106 .. 265 .. "

The Merriam-Webster dictionary defines "willful" as "done deliberately, intentional, willful disobedience" (see attached)..

Nothing about this accidental, inadvertent omission was deliberate, intentional or willful ..

I ask that the commission make a finding of no probable cause in this matter.

Thank you ..

~er 13650 Columbine Ave .. Wellington, FL 33414 561-596-9536

' I


107 West Gaines Street, Suite 224, Tallahassee, Florida 32399··105'.tB!ij i:UG 18 P I: G 0 Telephone Number: (850) 922-4539

www.fcc.state.ft.us ~., s·L~:Tr:·.· c;:· FLC·R~!.).'\ CONFIDENTIAL COMPLAINT FORM c'-'~c !' · Cf:' .,,. · -,1

The Commission's r"eeords and proeeedings in a case al'e confidential until the Commission rules on probable cause. A copy of the complaint will be provided to the person against whom the complaint is brought.

1. PERSON BRINGING COMPLAINT:

Name: _Lisa Goldman

Address: 135 St.. Davis Way

Work Phone: (_ _ _) ___ _

Home Phone: e_~~ 793 .. 4891

City: ~ellington County: Palm Beach_ State: Fl _ Zip Code: 33414 __ _

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political party, electioneering communication organization, club, corporntion, partnership, company, association, or any other type of organization. (If you intend to name more than one individual or entity, please file multiple complaints . .)

Name of individual or entity: _Kat~y Foster Campaign --·

Address:_ 13650 Columbine Aven_ue _______ . Phone: (561 )596-9536 ----City: Wellington__ County: Palm Beach State: Fl --- Zip Code: 33414

If individual is a candidate, list the office or position sought: _County Co~mission, District 6

Have you filed this complaint with the State Attorney's Office? (check one) 0 Yes ~ No

3. ALLEGED VIOLATIQN(S):

Please list the provisions of The Florida Election Code that you believe the person named above may have violated. The Commission has j111isdiction only to investigation the following provisions: Chapter· 104, Chapter· UJ6, and Section 105.071, Florida Statutes .. Also, please include:

./ The facts and actions that you believe suppo1t the violations you allege,

./ Ihe names and telephone numbers of persons you believe may be witnesses to the facts,

./ A copy or picture of the political advertisements you mention in yolll' statement,

./ A copy of the documents you mention in your statement, and

./ Other evidence that supports yow allegations ..

I am filing this complaint due to multiple violations of Statute 106.143 by the

Kathy Foster campaign for Palm Beach County Commission Dist 6 .. The

campaign sent an email invitation on July 22, 2014 to a fundraiser event taking

place on July 29, 2014 .. (ex A) The email contained both a jpeg and pdf version

of the invite .. (ex B&C) .. None of this material contained the disclosures required

by 106.143 .. Additionally, an invitation to the same event was provided to and

displayed on the Palm Beach County Democratic website, that version did ---

include a disclosure, however, the screen capture attached shows the disclosure is incorrect

language, also a violation of statute. (ex D) Finally, the invitation_without any disclosure

_was posted on the ~athy Foster campaign Facebook page on July 27 as pictured in the

screen capture. (ex E)

Additional materials attached (check one)? li2!Yes 0No

:0: swear· or affirm, that the above infoirmatiom is true and eor·recl t11 tine best 11f my kn11wledge.

r::' ·-~

Lr.J ::> tu (~)

Lil

G!io K11113 {\ (Print .. T . or Stamp Commissioned Name of Notary Public)

Personally known __ Or Produced Identification _y__ I ype ofldentification Produced 'ti ot ',\, lJf \ \R'(S Li CQ,ylse_

Any person who files a complaint while knowing that the allegations are false or without merit commits a misdemeanor of the first degree, punishable as provided in Sections 775 .. 082 and 775 . .083, Florida Statutes ..

0000

HOST COMMITTEE

Veronica Bauer Daryl Glenney Trudy McConnell Deborah Bigeleisen MiChelle Gonzalez Jill Merrell Michelle Damone Marie Horenburger Carey O''Donnell Michelle Diffenderfer Sandra Kaplan Evelyn Parkes

Lisa Iropepe Gigi !}'lander Karen Webster Martha Webster

Sandie Foland Gail Kleinert Edith Pecan Barbara Fretwell linda l Long Loverly Sheridan Lenne Gapstur Jeanne Matullo Ellen Smith

Professional Women and Women Business Owners invite you to a campaign fundraiser

for

Kathy Foster for County Commission District6

on

Wednesday, November 6, 2013 5:30- 7:00 p.m.

at

E.R Bradley's Saloon 104 S .. Clematis Street

Suggested contribution: $50, $100 or $250 (Maximum allowable contribution: $1,000 per individual 01 corporation)

Please RSVP to 561-651-1499 If you cannot attend the event, but would like

to make a contribution, please send your check, payable to the "Kathy Foster Campaign Account:' to

Campaign of Kathy Foster, 13650 Columbine Avenue, Wellington, Fl 33414

'

HOST COMMITTEE Bobby & B.J. Ewing

John & Linda Herring John & Susan Lacy

Hon .. Carmine & Marie Priore Dennis & Maureen Witkowski

Please join us at a campaign fondrasier

for

.. I


on

Thursday, November 21, 2013 5:30- 7:00 p.m.

at the

Aero Club 15675 Take Off Place• Wellington

(Clubhouse)

Suggested contribution: $100 or $250 (Maximum allowable contribution: $1000 per individual 01 corporation)

Please RSVP to 561-651-1499

If' you cannot attend the event, but would like to make a contribution_- please send your check, payable to the "Kathy Foster· Campaign Account:'' to Campaign of Kathy Foster;

13650 Columbine Avenue, Wellington, FL 33414,

/

.(_ . \ ,• >.-,-~ '

PLEASE JOIN BOB SANDERS AND TOM DERITA AT A CAMPAIGN RECEPTION FOR

KATHY FOSTE,R FOR PALM BEACH COUNTY COMMISSION, DISTRICT 6

WEDNESDAY, MARCH 5, 2014 3:30 -· 5:30 P.M ..

A11HE LAW OFFICES OF


SunE 300 EAST WEST PALM BEACH, FLORIDA 33401

SPECIAL GUEST

JOHN WALSH HOST OF

AMERICA'S MOST WANTED


MAXIMUM ALLOWABLE CONTRIBUTION $1,000 (PER INDIVIDUAL OR CORPORATION)


IF YOU CANNOT ATTEND THE EVENT. BUT WOULD LIKE TO MAKE A CONTRIBUTION

PLEASE SEND YOUR CHECK. PAYABLE TO . KATHY FOSTER CAMPAIGN ACCOUNT' TO


13650 COLUMBINE AVENUE, WELLINGTON, FL 33414

POUIICAL CONIRIBUIIONS ARE NOI TAX DEDUCIJBLE FOR FEDERAL INCOME TAX PURPOSES

POUTICAl. ADVERTISEMENT PAID FOR AND Af'fRO\.EO JH .KATHY FOSTER DEMOCRAT FOR PALl>I. BEACH_ COUNTY COMMISSION, DISTRICT 6

for


on

Friday, May 23, 2014 5:00 - 7:00 p.m.

Polo match starts at 5:00 p.m. at


Suggested contribution: $250 Maximum allowable contribution: $1,000 per individual or corporation


please send your check, payal:>le to the "Kathy Foster Campaign Account," to .. CampaigJJ. of Kathy Foster; 13650. Columbine Avenue, Wellington, FL 33414

·' .,, ' '

,· .. ·;:::·/· 'i -v ~-

(

Please join Charlie Sisca & Sisca Construction

at a campaigp fundraiser

for


on

Wednesday, July 23, 2014 4:30 - 6:30 p.m.

at

Sisca Construction 5589 Okeechobee Boulevard

Suite 201 West Palm Beach

Suggested contribution: $250 Light hors d'oeuvres and beverages will be served

(Maximum allowable contribution: $1,000 per individual or corporation)


please send your check, payable to the "Kathy Foster Campaign Account," to:

Campaign of Kathy Foster 13650 Columbine Avenue, Wellington, FL 33414



0 Kathy Foster for County Commission

Political advertisement paid for and approved by Kathy Foster Democrat for Palm Beach County Commission District 6.

)

···~··-

·--------------------------------------·-- --------------------

(1) Kathy Foste1 for County C~'Ulllission I,

Kathy Foster for County Commission

PEOPLE

583 likes

Promote Your Page

Connect with more of the people who matter to you

Promoto Pago I

Invite your friends to like Kathy Foster for County Con

Choryl David Invite

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See All Friends

ABOUT

Political advertisement paid for and approved by Kathy Foster Democrat for Palm Beach County Commission District 6

Add your website

PHOTOS

fJ Kathy Foster for County Co Home

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Status Photo/Video t3:l Offer, Event+

1¥1 What have you been up to?

II Kathy Fostor fo.r County Commission . Posted by Francme Nelson August 25

Tomorrow is Election Day Thank you to our supporters for their incredible encouragement and support Now we need one more very important thing Please remember to vote for Kathy Foster and ask 5 of your friends to vote for Kathy Foster tomorrow as welt! Thank you!

Like Comment Share 1 Share

John Flynn John 0 Connor Martha Webster and 7 others like this

Wntc a comment

Donn is Bannon Best of luck

Un!ike Reply 1 August 25 at 5:05pm

222 people reached I Boost Post I

~ Kathy Fostor for County Commission shared .3 link ... Posted by Fr.rmcmc Nelson August 23

Today the Palm Beach Post published our op-eds on the Minto Project and growth in the western communities This is such an important issue Here's what I had to say

https://www .facebook.com/pages/Kathy-Foster-for-County-Commission/20667329284 7335 ..

Page 1 of2

•

9/3/2014

Willful - Definition and More from the Free Merrt»,Webster Dictionary

A.N ENCYCl.OPA:DlA

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willful

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willful : refusing to change your ideas or opinions or to stop doing

something

: done deliberately

Full Definition of WILLFUL g+1

1 : obstinately and often perversely self-willed <a stubborn

and willful child>

2 : done deliberately : INTENTIONAL <willful disobedience>

adverb

- wiJl .. ful .. ness noun

r!} See willful defined for English-language learners »

See willful defined for kids »

Variants of WILLFUL

will .. ful or wil,,ful

Examples of WILLFUL

a stubborn and willful child

He has shown a willful disregard for other people's feelings.

First Known Use of WILLFUL

13th century

Related to WILLFUL

balky contrary conturriacious defiant froward

incorr:pliant insubordinate intractable obstreperous

rebel rebellious recalcitrant recusant refractory restive ungovernable unruly untoward wayward

disobedient wilful

arr.enable biddable corr1pliant conforrr:able docile obedient ruly subrr1issive tractable

unruly

http://www merriam-webster com/dictionary/willful

Page 1of3

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September 03, 2014

1.

STATE OF FLORIDA P{ ECE:IVED FLORIDA ELECTIONS COMMISSION

107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-10sllil4 AUG 18 P I: Ob relephone Number: (850) 922-4539

www.fec.state.fl.us ST14TE 0f' f'LCRlDA CONFIDENTIAL COMPLAINT FORM ELECTl&NS CGMMISS;s:-i

The Commission's records and proceedings in a case ar·e confidential until the Com_mission rules on probable cause. A copy of the complaint will be provided to the person against whom the complaint is brought.

1. PERSON BRINGING COMPLAINT:

Name: _Lisa Goldman

Address: 135 St Davis Way

Work Phone:(__) ___ _

City: ~ellington County: Palm Beach . ·-·----

Home Phone: e~~ 793··4891

State: ~L ·- Zip Code: 3341_4 __

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

A person can be an individual, political committee, committee of continuous existence, political party, electioneering communication organization, club, corpo1ation, partnership, company, association, or any other type of organization. (If you intend to name more than one individual or entity, please file multiple complaints.)

Name of individual or entity: _Kathy Foster Campaign

Address: 13650 Columbine Avenue ·------·----City: Wellington State: FL ---County: Palm Beach

Phone: (561 )596-9536 .

Zip Code: 33414 -----·-If individual is a candidate, list the office or position sought: County Co~mission, District 6

Have you filed this complaint with the State Attorney's Office? (check one) 0 Yes 1!21 No

3. ALLEGED VIOLATION(Sl:

Please list the provisions of The Florida Election Code that you believe the person named above may have violated.. The Commission has jwisdiction only to investigation the following provisions: Chapter 104, Chapter· 106, and Section 105.071, Florida Statutes. Also, please include:

v' The facts and actions that you believe support the violations you allege, v' The names and telephone numbers of persons you believe may be witnesses to the facts, v' A copy or pictwe of the political adve1tisements you mention in your statement, v' A copy of the documents you mention in yow statement, and v' Other evidence that supports yow· allegations

I am filing this complaint due to multiple violations of Statute 106. 143 by the

Kathy Foster campaign for Palm Beach County Commission Dist 6 .. The ----

campaign sent an email invitation on July 22, 2014 to a tundraiser event taking

place on July 29, 2014. (ex A) The email contained both a jpeg and pdf version

of the invite .. (ex B&C) .. None of this material contained the disclosures required

by 106 .. 143 .. Additionally, an invitation to the same event was provided to and

displayed on the Palm Beach CountyDemocratic website, that version did

·--··-·--·--·------------0_0_0_0..: ... ·• ......... ·------·-·-··-··-·-···--······----·-·-····--·· ---···--·-·--·-··-\

/ \

include a disclosure, however, the screen capture attached shows the disclosure is incorrect

language, also a violation of statute. (ex D) Finally, the invitation without any disclosure

was posted on the Kathy Foster campaign Facebook page on July 27 as pictured in the

screen capture. (ex E)

Additional materials attached (check one)? 1!2]Y es 0No

4. OATH

STATE OF ~RIDA, COUNTY OFa\m hPac6 I swear' or affirm, that the above information is true and correct to the best of my knowledge.

-liitJ (.) LU @;;;

day of

~-¥'\'~'-7-,r----~20EL__

(Print.. T , or Stamp Commissioned Name of Notary Public)

Personally known __ Or Produced ldentification.-+--

I ype of Identification Produced f\ or; c)e> D(\ ~'CS l.i CQr1se,

Any person who files a complaint while l<nowing that the allegations are false or without merit commits a misdemeanor of the first degree, punishable as provided in Sections 775 .082 and 7'75.083, Florida Statutes

0000, .

0 0 0 0

1~:;

Udl~; ....l-.~- ..::...;:, ..::-..;:,! .5.I i.V...:.li i"}1i WT To: katf"Nfooter2014 .. %~·actc0:11 Subject: Camaplgn of Kathy foster

Please JOlll us next Tuesday. July 29. The canipa:gn is "' too hooB stretch and d<:<ng great! 'We sti!l ll<!<!d yoor h<!!p to make oor fundr&Smg goal. Thank you!

11r1r~~1~rJr ·· 12m.\\~l'~!lill n..u""'¥J;••n~J!i·~

:, ~-- -'',>;·-: -' ' ,· '-" __ - - -.. - -- ' -- ; - _. _ .. - -- - __ > ' --. ~- ?,-: _. ·•· ~~t~((>nirihutiom ~JOO.$.¥~orSsOO

. ~J ·~~ .. ~~~~,~1).;~~\~J_.<~}~~Mfu~~f~l!J"~-~·1

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' Pl~eRSVPto561-651-1499 Ifyou cailn<'.>t attend the event, but would like to make a contribution,

please send your check, payable !? the "Kathy .Foster Campaign Account," to:

Campaign of Kathy Foster 13650 Colwnbine Avenue, Wellington, FL 33414



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Campaign Fundraiser for Kathy Foster for County Commission District 6

'- , Jtivite

From Jul 29 2014 5:30 pm unrn Jul 29 2014 7:00 pm Save 10 calen.dar

'~> At Casa Tequi:a, 12795 '\/'/.Forest Hill Boulevard, Wellington, FL 33414

Posted by Guest

·~"':'' Categones: Events. E!ected Officiais & Candidates

Rate:

[i]!IEJm{I '#Tweet·•o g .. i n

Campaign Fur.draiser for Kathy Foster for County Commission District 6

on

Tuesday. July 29. 2014

5:30 - 7:00 p.m.

at Casa Tequila

12795 Y..'. Forest Hili Boulevard• V.'eihngton, FL 33-114

Suggested contribution: $100. $250 or $500 tl.ax1mum alio\'•'able oontribution: $1 ,000 per 1ndiv1dual or corporation

Please RSVP to 561-651-1499

If you cannot atter.d the event. but ViOUld like to make a contribution,

please send your check, payable to the "Kathy Foster Campaign Acoount," to:

Campaign or Kathy Foster 13650 Columbine Avenue, \i\'effi.'lgton, FL 33414

You can ai:so make a secure onfine contribution on our\\-ebsite at:

YNNt.kathyfoster201 4 .com

Paid for by Kathy Foster for County Commission

Add Your Event

Doe& your Club or

Organization have an

Event you would !Ike to

add to our Calendar?

Let your event be seen

by thousands of Palm

Beac.1-i County Derooerats

that visit 01,;r site on a

monthly basis. Share

your events \\•ith other

Democrats and

increase attendanoo and

awareness of your

funeUons.

" A:ffd' Evenfs '

f:i.~ol:Ms 1 > ~ , __ 1.1 · '< «~_•'.-'•\!.; Pi-;\-,<

® DEMOCRATS

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;~--- 9;_~_/fiKathy Foster for coun·;;~-- ~ --\Ll-·,_·_ ---, --: ;::;~-. ~~:);· ;LN~~~~~ -,:f ::- :::: :/,)_.c-__ ~- --1'~:;,. -,:_,. \-:- -:·~ -:;~:,:.:· --\·,:~\~'.j- -:;j~ ,:<~~:~>:.-~_;_·,_~-ti;_: :~]_r:-.:-,~~::~-~i~I-~ ;', .;}y_: <l Sunday, July 2 7. 2014 ~ -"> C itfhtt~;:J.i~:f;~~b~~k.~~-~/2os673292 84-7J~~~hc;;;;fa.2 i.iiM83 5 lThSl 4. ;07 3 7 41831.20667329284733 5 / 307142 7~6133 726/?type9 , ViView as A0?"1

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" Su~~itedq>nfrif)utio111 $100, $2§:tl.or'$SOO · _ , ~\,\...;1rn\i,;,_ .~_u ..... ,.,.I,!,:: ('()t>l.6~1.>'."'n:,~~~,~J.' ,,iJ;..idu...l ?"'. <>Xpor .. tion

Plea.Se RSVP to561'6.51-1499 If_, ....... '"·"uio1_ ~1-!C_ria 1k_e)~n1:'bu;;~~~·0u!d l_ik~'~o ~~_:..«»i;ti.~11011.

pk.,,.c ~ml •-our d>C<"k~M,\~l,le)o t~~:'~t~\:l-O$kt c.;.1'1'11'-''S" .\r..-.>unl.~ lo:

Campaign of Ka.thy Postel" 13650 Columbine A'-cnue, \\'dlington, FJ.33414

You <'";uo .. tw m.:<k<' ,, >-ttuN oulinc ~-.:>ntril>u1;..x1 on our "'X":,,.,1.,. .:ti:

''"'"'"k:uhyfoster2014.com

.._ _______ 11 Kathy Foster for County Commission --------'

II Kathy Foster for County ComnJ~~-1'dF'Y<;;t, 19hr~\...,,

Please )Oin us al the fuodraiser on Tuesday, July 29!

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~ 2 pe-0p1e like this.

n1 .Al Pa gila I urge all local Western Co. mmunities iJ9 to Support Kathy, regardless of your political

affliati-On. She has demonstrated her spirit of serving. In her capacity as an Acme Improvement Supervisor and Elected official (Mayor) of V/ellington, She has a great.. See More Uke·Reply·61 ·15hrs

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