Jim Greer Deposition Transcript Part 1

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COMMENCING: DEPOSITION OF: vs. JAMES GREER, Plaintiff,
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA
CASE NO. 2012-CA-0962
REPUBLICAN PARTY OF FLORIDA MIKE HARIDOPOLOS, and JOHN THRASHER, Defendant. ___________________________/
VOLUME 1
JAMES GREER Defendant Haridopolos May 24, 2012 909 E. Park Avenue Tallahassee, Florida 9:08 a.m. 12:23 p.m. REPORTED BY: PEGGY OWENS REGISTERED PROFESSIONAL REPORTER REGISTERED MERIT REPORTER
TAKEN AT THE INSTANCE OF: DATE TAKEN: LOCATION:
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CONCLUDING:
18 19 20 21 22 23 24 25 PEGGY OWENS & ASSOCIATES (850)222-6010
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WITNESS James Greer Direct Examination by Mr. LeBoeuf 4 I N D E X PAGE A P P E A R A N C E S DAMON CHASE, Attorney at Law, of the law offices of Chase/Freeman, 1525 International Parkway, Suite 4021, Lake Mary, Florida behalf of the Plaintiff. STEPHEN S. DOBSON, III, Attorney at Law, of the law offices of Dobson, Davis & Smith, 610 N. Duval Street, Tallahassee, Florida 32301; appeared on behalf 32746; appeared on
of the Republican Party of Florida. DEAN LEBOEUF, Attorney at Law, of the law firm of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., 909 East Park Avenue, Tallahassee, Florida 32301; appeared on behalf of the Defendant Haridopolos. KENNETH W. SUKHIA, Attorney at Law, Sukhia Law Group, 2846 Remington Green Circle, Suite B, Tallahassee, Florida 32308; appeared on behalf of Defendant Thrasher.
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NO.
1 - Oath of Loyalty E X H I B I T S
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2 - Stelling Canceled Checks & Promissory Note 3 - Employee Policies & Procedures Manual 4 - Hartman & Tyner Agreement 5 - Incorporation Documents
72 86 115 124
D E P 0 SIT ION Whereupon, JAMES GREER called as a witness; after having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION
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BY MR. LeBOEUF:
Sir, would you please state your full name
for the record.

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James Austin Greer. And your address, please? 1205 Prestige Point. Your date of birth? 6/8/62. And Prestige Point, that lS in? Oveida, Florida. And the zip code? 32765. All right. And off the record, what's your
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Social Security number? (Discussion off the record.) BY MR. LeBOEUF:

Q
Have you ever gone by another name? No. Have you ever had your deposition taken
A
Q
5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before? A Q A Yes. Okay. When and why?
In 2005, it was an employment matter between
a former employee dealing with Workers' Compensation. Q A Q A Q A Q A Q A Q A Q A Q A Who was the former employee? Ladmand, Carol Ladmand. C-A-R-O-L? Yeah. Spell the last name. L-A-D-M-A-N-D. She was the plaintiff? Yes. And it is a female? Yes. And what was the company? Regulatory Compliance Services. And that was your company? Uh-huh. You said it was workers' comp, so she -She had been denied by the leasing company, a
workers' comp claim. Q A Q Regarding an injury? Uh-huh. Okay. Is that the only time you've been
6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deposed? A Q A Q Uh-huh. You need to answer out loud. Oh, I'm sorry, yes. That's a good opportunity for us to go
through some of the basic ground rules, which I'm sure Mr. Chase has already covered with you, but I want to make sure you get them. You understand your testimony today is being given under oath? A Q Yes. So you are subject today to the same
penalties for perjury as if we were in a courtroom? A Q Yes. I'm going to ask you a series of questions
about the lawsuit that you filed in this case against my client, Senator Haridopolos, Mr. Thrasher, and the Republican Party of Florida. If at any time you don't understand any of my questions, will you ask me to stop and clarify the question? A Q Yes. Can I then assume if you've answered the
question that you've understood them? A Yes.
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q It is also important -- and you are doing a
great job right now -- that you answer all of the questions audibly, because everything we say today is being taken down by Peggy our official court reporter, okay? A Q I understand. That way we can get a good record. So we
want to avoid "uh-huhs", "hu-huhs" and head nods, okay? A Q I understand. Before we started on the record today, I
brought to your attention the fact that this deposition was noticed duces tecum. Meaning, that we had
requested that you bring with you certain documents set forth on the duces tecum list of items one through eight. It is my understanding that you did not bring
any of those with you, is that correct? A Q That's correct. It was just an oversight. I understand you
didn't realize that was required? A Q I did not. All right. We may end up having some
follow-up questions on that later as a result, but we will just kind of move on today with what we've got. Is that all right with you? A That's all right.
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. Let me ask you a couple of other Have you ever been arrested?
foundational questions. A Q A Q arrested? A Q Yes. Yes. Okay.
When and why?
1993 for DUI. Okay. Is that the only time you've been
You were convicted of that charge? MR. CHASE: Object to the form. I believe adjudication was
THE WITNESS:
withheld, but I was provided a community service. BY MR. LeBOEUF: Q Okay. MR. CHASE: BY MR. LeBOEUF: Q The charge, did it remain DUI or was it Just answer the question.
reduced or changed -MR. CHASE: Object to form. I don't recall.
THE WITNESS: BY MR. LeBOEUF: Q A Q
Have you ever been sued? No. Other than this lawsuit, have you ever sued
anyone else?
9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Not that I recall. Now, just to be fair to you, you indicated
that you were deposed earlier in a Workers' Compensation case by Carol Ladmand. lawsuit against your company, right? Compliance Services? A It was actually against the leasing company So that was a Regulatory
that we leased employees through. Q Okay. So let me ask you another question. I
asked you a moment ago if you've ever been sued and you said no. What about any of the companies that you have
been involved in? A Q A Ladmand. Yes. Okay. Can you tell me about those?
Regulatory Compliance Services with Carol It was a workers' comp case, but they also
sued ACH Employment Services. Q A Q Meaning Ms. Ladmand did? Uh-huh. Any other lawsuits that you or one of your
companies were involved? A I believe about 10 years ago there was a
printing company that filed suit for about $900. Q A Who did they sue? I think they sued Food Safety Training, Inc.
10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q part of? A Q rendered? A Q Yes. Any other lawsuits involving you or your Yes. And that would have been for services That was a company you formed and you were a
companies? A Q Not that I recall. Okay. Not that I recall.
Tell me a little bit about your And what I would like you to do
employment background. is go backwards. A Q Okay.
January 2007, when you were elected as
Chairman of RPOF -A Q All right. -- what was the last position you held as
employment immediately before that? A I was president of Regulatory Compliance
Services, Inc., and president of Food Safety Training, Inc. And I was the deputy mayor of the City of Oveida. Q A Q A Regulatory Compliance, Inc. -Services. Services, okay. When was that formed?
I founded the company in 1984.
11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. When you say founded the company, what
does that mean? A Q A I started the business in 1984. Did you incorporate it? Yes. It was originally incorporated as
Beverage Law Consultants. Q So did you buy this from someone else, or did
you incorporate Beverage Law Consultants? A Q A Q A I incorporated Beverage Law Consultants. So when did Beverage Law Consultants start? 1984. All right. Explain that. I changed the corporate
I changed the name.
name from Beverage Law Consultants to Regulatory Compliance Services. Q A In the same year? No, I'm sorry, not in the same year. It went
to RCS in probably 1998. Q Okay. And what did -- did Beverage Law
Consultants and Regulatory Compliance Services do the same thing? A In most cases. Except when it became
Regulatory Compliance Services, we expanded the services that Beverage Law Consultants originally offered.
12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What essentially, in summary, did the
corporation do? A Regulatory training for the hospitality
industry, alcoholic beverage licensing, application work, representing licensees before the Division of AB & T. We did some sexual harassment training. And
we offered drug testing services. Q company? A Q A Q A Q I was the president. Okay. Did you have any employees? Okay. What role did you play with the
Uh-huh. How many? At which time? Let's talk about -- well, you continued to be
president of Regulatory Compliance Services after you were elected president of RPOF? A Q A Q A Q For about six months. Then what happened? I sold the company. Who did you sell it to? The Florida Restaurant Association. Who did you deal with at the Florida
Restaurant Association for that sale? A Carol Dover. Generally.
13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. So in the last two years of operation,
before you became Chairman of RPOF, how many employees did you have? A Q Between full and part-time, probably 40. How many full, how many part-time,
approximately? A Q About 25 full. Okay. And did you actually do the
incorporation of Beverage Law Consultants, and did you actually handle the paperwork in changing the company's name to Regulatory Compliance Services in 1998? A Q A I don't recall. Okay. It could have been me or Harry Purnell, our
General Counsel at the time. Q Okay. You told me that you also were
president of Food Safety Training, Inc.? A Q A Uh-huh. What did they do? They provided food safety training for
hospitality businesses, restaurants, hotels. Q A Food safety training in terms of cleanliness? Food manager certification, food handler
certification, which there is a law in the State of Florida that restaurants have to become certified. So
14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we provided that certification. Q A When was that company formed? We formed that company in 2000. MR. SUKHIA: company? THE WITNESS: BY MR. LeBOEUF: Q Did you, yourself, do the incorporation of Food Safety Training. What was the name of the
that company? A I think Harry Purnell. He was a partner in
that company, so I believe he might have done the corporation. MR. DOBSON: THE WITNESS: MR. DOBSON: THE WITNESS: BY MR. LeBOEUF: Q A Q A Q Mr. Purnell, he is a lawyer in Florida? He is. Does he practice in Oveida? In Tallahassee. Did Mr. Purnell represent you in any other Would you spell his last name. P-U-R-N-E-L-L. N-E-L-L. Yes.
capacity, other than as your General Counsel for Regulatory Compliance Services, Inc., or Food Safety Training, Inc.?
15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q He was my personal attorney, too. Food Safety Training, Inc., did you stay on
as president of that organization after you became Chairman of RPOF? A Q A For six months. And then what happened? That company was also sold to the Florida
Restaurant Association. Q It was all part of the same transaction with
the sale of Regulatory Compliance? A Q A Q A Q Yes. Yes.
How many employees with Food Safety Training? I believe there was about 15. Part-time or full time? Probably 10 full time, five part-time. Any other companies that you were involved
with when you became Chairman of the RPOF? A Q No. You indicated that you were also deputy mayor
of Oveida? A Q A City of Oveida. When did you take that position? I just entered -- no, I was elected in 2004. And I had just
And I was elected deputy mayor in 2006.
been reelected deputy mayor in 2007 when I became
16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chairman. So 2000, 2006 and 2007 was a reelection each
year among the commission. Q Okay. So in 2004 you were elected to the
city commission? A 2005, I believe. 2004 -- I'm trying to --
well, this was a three year term, so 2004. Q A Q A Q A When were you elected the first time -The first time yes. -- to the city commission? Yes. Is that the first public office you had held? No, I was elected to the Palm Bay city
council in 1992. Q A Q And how long did you serve in that capacity? One term, three years. And the next time you held public office was
when you were elected to the city commission of Oveida in 2004? A Q Yes. And as a city commissioner, was that an
internal election among the commissioners where you were selected as the deputy mayor in 2006? A Q A Yes. And 2007? Yes.
17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When you became the Chairman of RPOF in 2007, Tell me
did you resign your position as deputy mayor? what happened with that. A
In November of 2006, when Charlie asked me to In
be the Chairman, I felt it appropriate to resign. January, I resigned shortly after taking office as Chairman. Q Okay.
I'm a little confused because you told
me that you were elected by the commission as deputy mayor in May of '06? A Q Uh-huh. Then you said you were reelected as deputy If you resigned --
mayor in '07. A
Actually, I was reelected in November of '06, It wasn't '07. It was
so it was a month before.
November of '06 I was reelected as deputy mayor. Q I'm assuming that's before Mr. Crist asked
you if you would serve as chair of the RPOF? A It was actually the same night, because he
was elected Governor and I was reelected to my second term. Q You say reelected to your second term, you
mean as deputy mayor? A Q As a city commissioner. Okay. Your city commission term was a
18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two-year term? A Q Uh-huh. Yes. So we've covered all of the
All right.
positions you've held and all the companies you were associated with as of January 2007 when you took over as Chairman of RPOF; is that right? A There is one other appointment that I had. I
was appointed by Governor Bush to the Central Florida Planning Commission. Q Okay. When were you appointed to that
position by Governor Bush? A I believe it was in September of '06, because
I was at my first Central Florida Planning Commission meeting when George LeMieux called me to become Chairman. So it had only been a couple months since my I had just been at my
appointment had taken place. first meeting. Q Okay.
Any other positions you held,
employment that you held, or corporations you were involved with at the time you took over as Chairman of RPOF in January of 2007? A Q No. Okay. And it looks like you were involved
with Regulatory Compliance Services or its predecessor, the Beverage Law Consultants from '84 continuously
19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 until you became chairperson? A Q Yes. Would the same be true for Florida Safety
Training, that you were actively ongoing involved with that company from 2000 forward? A Q Yes. Between 1984 and 2007, were you involved with
any other companies that we haven't discussed? A Q A Yes. What? In 1999, 2000, I was involved with Sloppy
Joe's, Inc. Q A time. Q A Q A Okay. And Sloppy Joe's is a restaurant? What did you do with them? I was a managing partner for a period of
It was. Did they have more than one location? No. Well, yes. There were three, but this
was a franchise. Q So you were only involved with the
Tallahassee franchise? A Q A Yes. You had other partners? Yes.
20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Who were they? Well, the ones that I knew of were Ron
Saunders, Don Reinhard, and I can't remember the other gentleman's name. Q Don Reinhard, he is the same Don Reinhard who
is in prison now? A Q A Q Yes. Who formed that franchise? I don't know. Were you involved in the inception, at the
beginning? A Q No. When I mean the franchise, I'm talking about
the Tallahassee franchise. A Q company? A Ron Saunders contacted me. Told me the I understand. Okay. How did you get involved in the
business was having severe problems and he didn't know how to really run it, and asked me if I would consider taking over managing it, and that's how. Q A Q Okay. Where were you living at the time?
I was living in Tallahassee. All right. Let's kind of change channels a You currently live in
little bit and deal with that.
21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oveida. A Q Uh-huh. How long have you lived -- I would like to So you
track where you've lived in the last 10 years. currently live in Oveida. your current location? A Q A Q address? A Q A Q A Five years. What was your prior address? 3609 Deer Oak Circle. Eight years -- 2003, 10 years. All at the same address? No.
How long have you lived in
I lived at another residence in Oveida. How long have you been at the present
Okay.
And so you lived there from 2003 to 2007? Yes. I believe we might have moved into the
new home six years ago, just -Q Okay. And did you have any other residence
in the last 10 years? A Q A No. So prior to 2003 where did you live? From approximately 2000 to 2003, I lived in
Tallahassee. Q A Where? I rented a home in Killearn. Then I
22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 purchased a home in Killearn. Q A Q A Q A Do you remember either address? I do not. You do not? I do not. And before 2000? I lived in -MR. CHASE: Object to form. -- Palm Bay, Florida.
THE WITNESS: BY MR. LeBOEUF: Q A Q A
How long did you live in Palm Bay? Fifteen years. So approximately '85 through 2000? I believe it was '88, so it would be less
than 15, 12 years. Q So when you lived in Palm Bay, you were
operating Beverage Law Consultants? A Q Yes. And then you continued to operate that when
you moved to Tallahassee? A Q Yes. And I guess when you were in Tallahassee,
that's when you formed Food Safety Training, Inc.? A Q Yes. And you continued to operate those two
23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 companies when you moved to Oveida -A Q A Q Yes. -- in 2003? Yes. Fair to say that with the companies that you
were associated with -- Sloppy Joe's, Regulatory Compliance Services, and Food Safety Training, Inc., that you understood how a company needed to handle money and establish checks and balances associated with financial affairs? A Q I believe so. Okay. Would the same be true in your public
positions as city commissioner, as Palm Bay city council and on the Central Florida Planning Council, you understood issues like checks and balances and conflict of interest? MR. CHASE: Object to the form. There is a clear distinction
THE WITNESS:
between how government handles money and how private business handles money. BY MR. LeBOEUF: Q A What's your understanding of the distinction? The distinction is that government isn't as
concerned with the bottom line as private business is. Q So your view is that government isn't as
24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 concerned about profit? MR. CHASE: Object to the form. Well, I think there is a
THE WITNESS:
distinction about what you can control and what you can't control when it comes to government. I
understand that there are checks and balances, but there is just a -- I didn't control the checkbook when I was in City Hall. BY MR. LeBOEUF: Q Okay, fair enough. So with regard to private
industry, your corporations and Sloppy Joe's, you had more control of the checkbook, more control of expenses and income and profit? A Joe's. Q Okay. In terms of checks and balances, At my two companies, yes, not at Sloppy
though, you would agree that checks and balances to provide for financial accountability, those requirements exist in private industry and in government? A Yes. MR. CHASE: Object to the form. Basis?
MR. LeBOEUF: MR. CHASE: BY MR. LeBOEUF:
Relevance.
25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And can we agree -- well, what's your What
understanding of what checks and balances are? does that mean to you? MR. CHASE: Object to form.
THE WITNESS: to me that -BY MR. LeBOEUF: Q
Checks and balances would mean
Let me help you.
Can we agree that financial
checks and balances involve procedures to make sure that no one person has total control over the financial operations of a business? MR. CHASE: Object to form. I wouldn't agree with that.
THE WITNESS: BY MR. LeBOEUF: Q Okay.
What do you disagree about that
statement? MR. CHASE: Object to form. Majority ownership or executive
THE WITNESS:
authority grants the person who has that authority control over the checkbook. BY MR. LeBOEUF: Q Okay. What about subordinates, though?
Would you agree that checks and balances are designed to keep a subordinate who doesn't own the company from mismanaging or converting or taking funds that don't
26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 belong to them? MR. CHASE: Object to form. I would agree that the
THE WITNESS:
subordinate doesn't have executive authority; that, yes, that would apply. BY MR. LeBOEUF: Q Okay. In the public positions that you held
at Palm Bay on the city council, and then in Oveida on the commission, and then being deputy mayor, and also with the Central Florida Planning Commission, you were familiar with the term "conflict of interest"; right? MR. CHASE: Object to form. Generally.
THE WITNESS: BY MR. LeBOEUF: Q
What does "conflict of interest" mean to you? MR. CHASE: Object to form. As it applies to those
THE WITNESS:
positions, that you, there are some laws in Florida about disclosing conflicts of interest. BY MR. LeBOEUF: Q Okay. Well, let me ask you this. Can we
agree that a conflict of interest exists when you have duties and responsibilities from one party or organization that interferes with your ability to have an arm's length negotiation with another party?
27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. Would you repeat the question?
THE WITNESS: BY MR. LeBOEUF: Q Sure.
And anytime I ask you a question that
you don't understand, do what just what you did, ask me to repeat it and I will be happy to. A Q I understand. Can we agree that a conflict of interest
exists when you have duties and responsibilities to one party or organization that interfere with your ability to have an arm's length negotiation with another party or organization? MR. CHASE: Object to form. Yes, I would agree to that.
Let's move forward now to January of 2007.
also wanted to tell you that this is not an endurance race. A Q We will be here for a while. Okay. So if we come to a point where you need a
break, a drink of water or anything, or bathroom break, feel free to just let me know, okay? A Q I appreciate that. I would like to know why you think you were
selected as Chairman of the RPOF --
28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: BY MR. LeBOEUF: Q -- in 2007? MR. CHASE: Object to form. Well, there are two parts to Object to the form.
THE WITNESS: that answer. BY MR. LeBOEUF: Q A Okay.
One, I was told by George LeMieux and by
Arlene DiBegnino, who was the deputy campaign manager, that -- of Charlie Crist's gubernatorial campaign -that I had done a very good job as the Seminole County and Central Florida Chairman for the campaign, and that those type of abilities were needed as Chairman of the Party. And they also indicated they wanted to bring some business approaches to running the Party. that was from their standpoint. And then secondly, George LeMieux asked me what position did I feel that I would like to have. Q Okay. And did you tell him that's what you And
wanted to do? MR. CHASE: Object to form. Basis. It doesn't have
MR. LeBOEUF: MR. CHASE:
It's irrelevant.
29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yes. BY MR. LeBOEUF: Q Okay. When you say not initially, is that anything to do with the severance agreement. BY MR. LeBOEUF: Q A Okay. Based on a conversation I had with him of
what they wanted to, what approach they wanted to take to managing the Party, that description felt like -- my entrepreneurial background, business background, ability to raise money -- that sounded like the fit. And then some of the other rumors I was hearing that I was being considered for, I didn't have much interest in. Q Okay. So fair to say that you wanted to be
the Chairman of RPOF in 2007? MR. CHASE: Object to form. Not initially; but ultimately,
THE WITNESS:
because you were considering or looking at other positions with the Party? A No -MR. CHASE: Object to form. -- it was because I really
THE WITNESS:
didn't know what they wanted me to do. BY MR. LeBOEUF:
30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Fair to say, though, that ultimately
you agreed and you pursued the position as Chairman of the Party in January of 2007? MR. CHASE: Object to form. After the Governor contacted me
THE WITNESS:
in November of 2006 and said that's what he wanted me to do, the answer to that was yes. BY MR. LeBOEUF: Q Okay. Now, talk to me a little bit more You said that was
about your fundraising experience.
one of the reasons you were approached -A Q Uh-huh. -- about taking this position. Tell me about
your experience with that. MR. CHASE: Object to form. We had been successful in
THE WITNESS:
putting on several fundraisers for Charlie Crist in Seminole County, then ultimately central Florida. And he was very happy with the results.
As a matter of fact, quite often made a comment about that aspect of our success in Seminole County. BY MR. LeBOEUF: Q A Had you had any prior fundraising experience? No.
31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. Give me an
opportunity to object. THE WITNESS: BY MR. LeBOEUF: Q How did you -MR. SUKHIA: last question? MR. LeBOEUF: THE WITNESS: BY MR. LeBOEUF: Q A Q Oveida? A Yes. MR. CHASE: Object to the form. But actually, I had raised I'm sorry Sure. Except in my own city council races. And that would have been for Palm Bay and for He said no, no prior. I'm sorry, may I correct that? Did you have an answer to the I'm sorry.
THE WITNESS:
money for other political candidates. about that.
I had raised money for Tom Feeney. There is no question pending. I'm sorry.
MR. CHASE:
The money for Tom Feeney, wasn't that for his
2008 election or was it before? A No.
32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him. MR. CHASE: Object to form. We had helped him before. And
THE WITNESS:
I raised money for Jeb Bush's election, too. BY MR. LeBOEUF: Q What year? MR. CHASE: Object to form. The first time that he was
THE WITNESS:
unsuccessful, which I think was '94, and the second time that he was successful. BY MR. LeBOEUF: Q Is that 2000? MR. CHASE: Object to form. That would be '98.
THE WITNESS: BY MR. LeBOEUF: Q A Okay.
How did you first meet Charlie Crist?
I met Charlie Crist in 1999, I believe, when
he was the deputy secretary of the Department of Business and Professional Regulation. Q Okay. Tell me about your relationship with Was that a business
So you met him in '99.
meeting or something? MR. CHASE: Object to form. Generally lunches, social.
Did that relationship grow into a friendship?
33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. Casual friends.
Did it remain as casual friends?
I mean
ultimately you became his fundraiser in Seminole County, right, in 2006? MR. CHASE: Object. Yes. Object to form.
Did you contribute to any of his
campaigns? MR. CHASE: Object to form. Yes.
THE WITNESS: BY MR. LeBOEUF: Q When?
When was the first time? Object to form. When he ran for the U. S.
MR. CHASE:
THE WITNESS:
Senate the first time. BY MR. LeBOEUF: Q Do you remember what year that was? MR. CHASE: Object to form. I don't.
Do you know how much you gave him? MR. CHASE: Object to form.
34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -A Q Regulatory --- your company. I don't mind if you use THE WITNESS: BY MR. LeBOEUF: Q Did you contribute to all of his campaigns I don't.
after that? MR. CHASE: Object to form. No.
THE WITNESS: BY MR. LeBOEUF: Q Pasiak? A Q A Q Yes. Okay.
Do you know a woman named Michelle
How do you know her? She was a business manager for RCS. And when you say RCS, you are talking about
that abbreviation, I just wanted to establish that when you say RCS you are referring to Regulatory Compliance Services, your company? A Q A Q Yes. So she was one of your business managers? Yes. Okay. You trusted her? Object to form. Initially, yes.
MR. CHASE:
THE WITNESS:
35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q How long did she work for you? MR. CHASE: Object to form. A year.
THE WITNESS: BY MR. LeBOEUF: Q A Q A One year? Maybe two.
I don't recall.
Was she always a business manager? No. MR. CHASE: Object to form.
BY MR. LeBOEUF: Q So she worked in a different position first? MR. CHASE: Object to form. No, I believe she was hired as
THE WITNESS:
the bookkeeper, business manager. BY MR. LeBOEUF: Q Now, going back to your election to the Palm
Beach city council in 1992, you were familiar with fundraising laws, right? MR. CHASE: Object to form. No.
Well, what about when you were elected
to the city commission, you understood that there were laws pertaining to fundraising and contributions,
36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A Yes. MR. CHASE: BY MR. LeBOEUF: Q Ms. Pasiak testified you gave her $500 in Object to form.
cash and asked her to use it to write a check for the Crist campaign, is that true? A No. MR. CHASE: BY MR. LeBOEUF: Q A Q Pardon me? No. Do you know why she would lie about that? MR. CHASE: Object to form. Ms. Pasiak, I can't remember Object to form.
THE WITNESS:
how she pronounces her name, she left the company on bad terms. And I can only assume that those -Go ahead. Answer the question.
MR. CHASE:
THE WITNESS: her testimony. BY MR. LeBOEUF: Q Okay.
Those bad terms play a role in
What were the bad terms? Object to form. As I recall, she was coming in
MR. CHASE:
THE WITNESS: late a lot.
She was not maintaining the books
37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 properly. She was having disputes with my wife
who at that time was overseeing the accounting. She was leaving work early in the afternoons. I just, that's as much as I can remember. BY MR. LeBOEUF: Q A Q A Who was your wife at that time? Lisa King. Did you fire Ms. Pasiak? I believe so. MR. CHASE: I don't recall. And
Object to form. I don't recall the exact
THE WITNESS:
circumstances of her departure. BY MR. LeBOEUF: Q Have you ever given cash to anyone and ask
them to write a check for a candidate? A No. MR. CHASE: to object, Jim. BY MR. LeBOEUF: Q Let's start with prior to your selection as What was your Object to form. Give me a chance
the chairperson in RPOF, Chairman.
understanding of the Governor's role in RPOF? A Q Could you repeat the question? Sure. I will split up the question just in Before you became Chairman of
case there is a change.
38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -MR. CHASE: BY MR. LeBOEUF: Q -- with regard to the operation of RPOF? MR. CHASE: Object to form. I was surprised at how much the Object to form. RPOF, did you have an understanding of what the Governor's role was in the operation of the RPOF? MR. CHASE: Object to form. Yes.
THE WITNESS: BY MR. LeBOEUF: Q A
What was that understanding? If the Governor is of the same Party, he runs
the Party. Q Okay. January 2007 you become Chairman of
RPOF, right? A Q Yes. Did your view of the Governor's role change
THE WITNESS:
Governor is active in the decision making of major decisions of the Party. BY MR. LeBOEUF: Q Okay. So after you became Chairman of RPOF,
your opinion of the Governor's power in the operation of RPOF was enhanced? You believe he had even more
power than you thought?
39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. Not more power, but more
THE WITNESS: involvement. BY MR. LeBOEUF: Q
Tell me what you mean by that. MR. CHASE: Object to form. Well, it was always my
THE WITNESS:
assumption from the outside that the Governor would and could direct the Party; but when I became Chairman, I found that the Governor and the Chief of Staff were much more actively involved in many decisions. BY MR. LeBOEUF: Q Can you give me examples? MR. CHASE: Object to form. Well, when I became Chairman, I And I was
THE WITNESS:
tried to get a feel for how it worked.
told that the Governor's Chief of Staff from the previous administration had actually held weekly staff meetings over at RPOF where decisions were run and approved by the Chief of Staff to the Governor. So in getting the feel for the organization, I became aware of how that worked. MR. CHASE: There is no question pending.
40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q I was asking you for examples how the
Governor's office was more involved than you thought they would be when you became Chairman. MR. CHASE: BY MR. LeBOEUF: Q So the previous administration's Chief of Object to form.
Staff would come and have weekly staff meetings with RPOF? MR. CHASE: BY MR. LeBOEUF: Q A Go ahead. And provide directives to the staff of the Object to form.
Party activities. Q Okay. Anything else? Object to form. I was instructed who I could
MR. CHASE:
THE WITNESS:
hire as the General Counsel of the Party. BY MR. LeBOEUF: Q Now, we are talking about once you became I thought we were talking a moment ago
chairperson.
about the prior administration. Did Governor Crist's administration also have his Chief of Staff come over and have weekly staff meetings?
41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now? MR. CHASE: BY MR. LeBOEUF: Q 2008? MR. CHASE: BY MR. LeBOEUF: Object to form. Object to form. MR. CHASE: Object to form. His Chief of Staff would either
THE WITNESS:
have -- would have regular meetings at the Party. BY MR. LeBOEUF: Q Okay. What other directives did you receive Now we are talking about Governor
from the Governor? Crist, right?
When you were Chairman. Object to form. What General Counsel to hire,
MR. CHASE:
THE WITNESS:
not to conduct a straw poll at presidency three or presidency four. BY MR. LeBOEUF: Q What do you mean by presidency three or four? MR. CHASE: Object to form. It is a convention that is held
THE WITNESS:
in relationship to an upcoming presidential election. BY MR. LeBOEUF: Q Okay. So what election are we talking about
42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You are Chairman in 2007. The next
presidential election is 2008 where President Obama was elected, right? A Yes. MR. CHASE: BY MR. LeBOEUF: Q The Governor instructed your office not to (Inaudible) Object to form.
conduct a straw poll in connection with that election? MR. CHASE: Object to form. Presidency four was held in
THE WITNESS: 2007. BY MR. LeBOEUF: Q
I'm assuming presidency four is a term of art
utilized inside your organization? A No, it is the name of -MR. CHASE: Object to form. It is the name of the entity, It is held one
THE WITNESS:
it is the name of the convention. year out from the presidential. BY MR. LeBOEUF: Q Okay.
So we are talking about an RPOF
convention? A Q Uh-huh. Yes. You indicated that the Governor
All right.
instructed you who to hire as General Counsel for RPOF?
43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: BY MR. LeBOEUF: Q A Q Is that correct? Yes. And who was that? MR. CHASE: Object to form. Jason Gonzalez. Object to form.
And when did you hire him? MR. CHASE: Object to form. January of 2007.
Do you know who prior General Counsel was? MR. CHASE: Object to form. I don't recall.
Do you know Jay Burmer? MR. CHASE: Object to form. Yes.
How do you know him? MR. CHASE: Object to form. He was a friend of the
THE WITNESS:
Governor's and a political consultant to the Party.
44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Okay. What role, if any, did he play in RPOF
when you became Chairman? MR. CHASE: Object to form. He was retained as a political
THE WITNESS:
consultant to the Governor. BY MR. LeBOEUF: Q Was he paid by RPOF? MR. CHASE: Object to form. Yes.
So he had a consulting contract with RPOF? MR. CHASE: Object to form. Yes.
Did you prepare that agreement? MR. CHASE: Object to form. I don't recall.
Do you know how much he was paid? MR. CHASE: Object to form. I believe it was $10,000 a
THE WITNESS: month. BY MR. LeBOEUF: Q
Did you have anything to do with the
45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 negotiation of that contract? MR. CHASE: Object to form. No.
THE WITNESS: BY MR. LeBOEUF: Q Who did? MR. CHASE:
Object to form. There wasn't really any
THE WITNESS: negotiation. BY MR. LeBOEUF: Q
Wouldn't the oversight and consummation of
that contract have been handled by RPOF's General Counsel, Mr. Gonzalez? MR. CHASE: Object to form. No.
Is it your testimony that Mr. Gonzalez had
nothing to do with the review, preparation or approval of that contract? MR. CHASE: Object to form. He had nothing to do with the
THE WITNESS: approval of it. BY MR. LeBOEUF: Q
Who approved it? MR. CHASE: Object to form. I did.
THE WITNESS:
46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q A Okay. With consultation with anyone else?
The Governor. MR. CHASE: Object to form.
BY MR. LeBOEUF: Q All right. I will show you a document and
ask you if you recognize that. MR. CHASE: Hang on a second. Give me a
chance to read it. MR. LeBOEUF: He certainly can read it. I
just want to know if he recognizes it. MR. CHASE: Well, before give me a chance to
look at it, please, Mr. LeBoeuf. (Brief pause.) BY MR. LeBOEUF: Q Do you recognize that as a Republican Party
of Florida Oath of Loyalty signed by you on January 28th, 2007? A Q That appears to be my signature. Okay. Do you recognize this as a true and
accurate cope of that document? A Q I don't recall this document. I didn't ask you if you recalled it. Do you
recognize this as a true and accurate copy of the document that you signed?
47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. It appears to be my signature.
And you certainly would have read this
Republican Party of Florida oath of loyalty before you signed it, wouldn't you? MR. CHASE: Object to form. Not necessarily.
Do you routinely sign documents without
reading them or reviewing them? A Q I do not routinely do that. Do you have any evidence to indicate that you
did not read this before you signed it? A Q No. Would you please read the last paragraph of
this oath of loyalty. A "And finally, I pledge to work on behalf of If at any point my desires,
RPOF in total good faith.
intentions, or personal agenda ever come in conflict with this document I am to notify officials at the RPOF immediately." Q Do you agree with that statement? MR. CHASE: Object to form. Yes.
THE WITNESS:
48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q As Chairman of RPOF, from January of 2007
until you left that position, did you comply with this requirement of the Republican Party of Florida oath of loyalty? A I believe I did. MR. CHASE: Object to form. I would like to mark this and
MR. LeBOEUF:
attach it to the deposition as Exhibit 1. (Whereupon, the document was marked as Deposition Exhibit No. 1.) BY MR. LeBOEUF: Q In that last paragraph of Exhibit No. 1 where
it says you are to notify officials at RPOF immediately, last sentence, what officials at RPOF were you to notify of any potential conflict? MR. CHASE: Object to form. I don't know.
THE WITNESS: BY MR. LeBOEUF: Q Gonzalez? MR. CHASE:
Would it have been the General Counsel, Mr.
Object to form. I don't know.
Did you ever ask anybody when you signed this
49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agreement, if I have a potential conflict of interest who should I talk to? MR. CHASE: Object to form. No.
Were you given a job description following
your election as Chairman of RPOF? A Q No. What is your understanding of your primary
duties and responsibilities to be? MR. CHASE: Object to form. Well, there were various
THE WITNESS:
opinions of what the role of Chairman was. MR. CHASE: Listen to the question. Sorry.
What did you understand your primary duties
and responsibilities to be as Chairman of RPOF? MR. CHASE: Object to form. To promote the Governor's
THE WITNESS: agenda. BY MR. LeBOEUF: Q
Anything else? MR. CHASE: Object to form. Have success in Republican
THE WITNESS:
50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 elections, elections with Republicans. BY MR. LeBOEUF: Q Anything else? MR. CHASE: Object to form. Try and get more voters to
THE WITNESS:
register Republican. BY MR. LeBOEUF: Q Anything else? MR. CHASE: Object to form. No.
Did you also have fundraising
responsibilities as part of your duties as Chairman? MR. CHASE: BY MR. LeBOEUF: Q Sure, I will be happy to repeat it. Didn't I'm sorry. I'm sorry, Dean.
your duties and responsibilities as Chairman also include fundraising? MR. CHASE: Object to form. Not initially.
So when you were selected as Chairman, is it
your testimony that part of the chairman's role in 2007 was not to assist with and help develop and coordinate fundraising?
51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. Not initially.
When did that change? MR. CHASE: Object to form. I started becoming involved
THE WITNESS:
more in fundraising generally from November of 2008 on. Somewhere around there.
BY MR. LeBOEUF: Q Okay. Tell me about that. Tell me how you
became more involved in fundraising and why. MR. CHASE: Object to form. The Governor was calling upon
THE WITNESS:
me to, directing me to becoming more involved. The current fundraiser was not raising the amount of money the Governor felt was sufficient. was trying to address the issue. BY MR. LeBOEUF: Q time? MR. CHASE: Object to the form. Meredith O'Rourke. Okay. Who was the current fundraiser at the And I
Talk to me a little bit about the chain of You were the Chairman.
command at RPOF.
52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q (Nodding head.) Thelma Johnson was your Executive Director? MR. CHASE: Object to form. What year?
THE WITNESS: BY MR. LeBOEUF: Q A Q Chairman. Okay. No.
Not initially?
All right, let's just deal with you as Who do you answer to? MR. CHASE: Object to form. The Governor.
So you would view as Chairman of RPOF that
your supervisor and the person who you would report to would be the Governor? MR. CHASE: Object to form. Yes.
THE WITNESS: BY MR. LeBOEUF: Q Anybody else? MR. CHASE:
Object to form. No.
What about the Board? MR. CHASE: Object to form. The Board sets policy in some
THE WITNESS:
53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 circumstances, but it is not involved in the day-to-day management of the Party. BY MR. LeBOEUF: Q So is it your position that you did not have
any accountability or reporting requirements to the Board? MR. CHASE: Object to form. That is not my position. There
THE WITNESS:
were some instances where the Board set policy and approved certain activities; generally, political activities. BY MR. LeBOEUF: Q Can you give me examples? MR. CHASE: Object to form. Delegate selection at the
THE WITNESS:
convention, where the next quarterly meeting is going to be. MR. CHASE: BY MR. LeBOEUF: Q There is. I wanted to know what examples you There is no question pending.
could give me of activities that were run or coordinated by the Board. MR. CHASE: He gave you a couple. There is
no question pending. BY MR. LeBOEUF:
54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Do you have others? No. So what type of activities would you be
responsible to reporting to the Board on? MR. CHASE: Object -- object to form. Sorry.
THE WITNESS:
There was very little that the
Board was involved in when it came to the management of the Party. BY MR. LeBOEUF: Q Okay. Remember earlier we talked about
checks and balances, right? A Yes. MR. CHASE: BY MR. LeBOEUF: Q We talked about what those mean. I'm trying Object to form.
to establish what checks and balances existed for you as Chairman of the Party. MR. CHASE: BY MR. LeBOEUF: Q You told me that your supervisor and who you Right? Object to form.
reported to was the Governor. A Yes. MR. CHASE: BY MR. LeBOEUF: Q
Object to form.
You haven't given me any examples of any
55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 specific things that you reported to the Board on with regard to your activities, correct? MR. CHASE: Object to form. No, that's not true. I've
THE WITNESS:
given you some examples. BY MR. LeBOEUF: Q Board on. MR. CHASE: Object to form. I provided a, I had a monthly I want to know things you reported to the
THE WITNESS:
conference call with the Board in which I informed them of staff changes, political decisions that had been made, initiatives that the Governor was setting. I believe the Board did approve an annual budget that was submitted and prepared and given to them in January, I believe. Quarterly meetings consisted of various reports provided, but generally the board was more interested in whether we were having shrimp at the quarterly meeting coming up versus anything substantive. BY MR. LeBOEUF: Q Okay. What about General Counsel? Did you
have any reporting requirements as Chairman of RPOF to
56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the General Counsel? MR. CHASE: Object to form. No.
What about fundraising agreements or Who had the authority to enter
fundraising contracts?
into those contracts or agreements? MR. CHASE: Object to form. The Chairman.
As Chairman did you -Hold on a second, Dean. I have
MR. CHASE: an issue.
(Brief recess.) BY MR. LeBOEUF: Q Is it your testimony that the Chairman alone,
that you alone had the authority to approve those agreements, and that those agreements didn't need to be reviewed or approved by anyone else? MR. CHASE: Object to the form. Yes.
On the chain of command when you served as
Chairman of RPOF, did you believe that you had any reporting responsibilities to the General Counsel?
57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. No.
Did you feel that the Chairmanship of the
RPOF was a full-time position? MR. CHASE: Object to form. I treated it as such.
Did you have regular hours? Object to form. In most cases, yes.
MR. CHASE:
What would those be? Object to form. Depending on what the day
MR. CHASE:
THE WITNESS:
looked like, they could start as early as 7:00 in the morning and go to as late as midnight. BY MR. LeBOEUF: Q By virtue of the nature of the position, is
it fair to say you considered it almost an around-the-clock kind of position that you were, in essence, on-call for any significant issue that might be facing the Party? A Yes. MR. CHASE: Object to form.
58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q Where were you living when you were elected I think you told me you would have been Yes.
as Chairman?
in Oveida at the time? A Q Yes. Did you ever move to Tallahassee while you
were Chairman? A Q A Q Yes. Okay. Yes. Okay. When and where did you move? Object to form. The Party provides the Chairman Did you maintain two residences then?
MR. CHASE:
THE WITNESS:
an apartment in Tallahassee. BY MR. LeBOEUF: Q Did you move there shortly after you were
elected Chairman? MR. CHASE: Object to form. Not immediately. The previous
THE WITNESS:
Chairman was refusing to move out for a period of time. BY MR. LeBOEUF: Q A Who was that? Carole Jean Jordan.
59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you know when you moved in? MR. CHASE: Object to form. I believe it was March.
THE WITNESS: BY MR. LeBOEUF: Q A Q '07? Yes.
When you took over in January of 2007 as
Chairman, I would like to explore a little bit more of what your understanding was with regard to fundraising before that changed in 2008. Is it fair to say that in 2007 you were at least responsible for consulting with RPOF officials and Ms. O'Rourke or anyone else regarding fundraising for the Party? MR. CHASE: Object to form. During that period of time,
THE WITNESS:
Ms. O'Rourke would schedule, manage, conduct, and hold the fundraisers. And generally, I was just
told what time to be there. BY MR. LeBOEUF: Q Is it your testimony in 2007 and 2008 you had
nothing else to do with fundraising? MR. CHASE: Object to form. We would meet periodically and
THE WITNESS:
she would inform me of what events, what
60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was. BY MR. LeBOEUF: fundraising events she had scheduled. Periodically, the Governor would make an inquiry to me about some event coming up; but generally, at that time all communication relating to fundraising was between the Governor and Meredith directly. BY MR. LeBOEUF: Q the time. MR. CHASE: Object to form. The House and Senate had their She was the only fundraiser for the Party at
THE WITNESS:
own fundraisers separate from Meredith O'Rourke within the Party structure. BY MR. LeBOEUF: Q And who were they? MR. CHASE: Object to form. I don't recall.
Did the Speaker of the House and the
President of the Senate also have fundraising responsibilities? MR. CHASE: Object to form. I don't know what their role
THE WITNESS:
61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. What was your starting salary as
Chairman of RPOF? MR. CHASE: Object to form. I don't recall.
If the records indicated it was $95,000 a
year, does that sound accurate? MR. CHASE: Object to form. I don't recall.
When you took on the position as Chairman of A pay raise? How
RPOF, was this a pay cut for you?
did it compare to your prior income? MR. CHASE: Object to form. It was a reduction.
Did you voice any complaint to anyone about
the rate of pay for the position and indicate any reservation about taking the position based on the compensation? A No. MR. CHASE: BY MR. LeBOEUF: Q So when you took the job you knew what the Object to form.
pay was and you agreed to take the position for that
62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pay rate? A No. MR. CHASE: BY MR. LeBOEUF: Q A Q What -I didn't know what the pay was. When you accepted the position you didn't Object to form.
know what the pay was? MR. CHASE: Object to form. When I was called and asked to
THE WITNESS:
serve as Chairman, I had no idea what the pay was. BY MR. LeBOEUF: Q Okay. But then ultimately you agreed to take
the position.
And when you agreed to take the
position, you certainly knew what it paid, didn't you? MR. CHASE: Object to form. At some point in time I think I
THE WITNESS:
asked what the position paid. BY MR. LeBOEUF: Q A Q Okay. Before you took the position?
Before I was elected. All right. And in terms of being elected,
you agreed to having your name submitted for election, correct? MR. CHASE: Object to form.
63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I accepted the Governor's
request to become Chairman. BY MR. LeBOEUF: Q Okay. And you were elected by the RPOF Board
for that position, correct? MR. CHASE: Object to form. The entire state committee.
And you certainly had the ability to
withdraw your name from the ballot prior to the vote, right? A Yes. MR. CHASE: Object to form. Yes.
So when you were actually elected as Chairman
in January of 2007, you knew what the position as Chairman of the RPOF paid, and you agreed to be elected understanding what the compensation would be; right? MR. CHASE: Object to form. I don't recall whether I knew
THE WITNESS:
what the position paid at that time. BY MR. LeBOEUF: Q Didn't you just tell me a moment ago that by
the time you were elected you knew what the position
64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 paid? MR. CHASE: Object to form. I assume sometime during the
THE WITNESS:
transition period from the time the Governor asked me to become Chairman till the January election, I may have become aware what the position paid; but it wasn't a priority of mine at that time. BY MR. LeBOEUF: Q Okay. So you were willing to take the
position whatever it paid? MR. CHASE: Object to form. Yes.
So then it is fair for me to say that the
amount you were paid as Chairman of the Party really wasn't that significant to you in terms of whether or not you were willing to take the position or not. MR. CHASE: Object to form. Not initially.
Did that change? Object to form. Repeat the question.
MR. CHASE:
You said not initially, you didn't
65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 really care what the position paid when you were originally selected as Chairperson. Did the rate of compensation for the position change for you while you served as Chairman, in terms of its importance or significance to you? MR. CHASE: Object to form. Yes.
THE WITNESS: BY MR. LeBOEUF: Q A When and why?
The why is, there were -MR. CHASE: Object to form. Go ahead and
answer if you can. THE WITNESS:
There are two questions. I understand. The why was that
there was discussion, I don't recall who, that the Democratic Party Chairman was making more than the Republican Party Chairman. And that the
Republican Party Chairman should make more than the Democratic Party Chairman. And there was a
vote of the Board to raise my salary. BY MR. LeBOEUF: Q All right. Who initiated discussion or came
up with this alleged revelation that the Democratic Party Chairperson made more? MR. CHASE: Object to form. I don't recall.
THE WITNESS:
66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q A Was it you? No. MR. CHASE: BY MR. LeBOEUF: Q Okay. So someone other than you brought to Object to form.
the table the claim that the Democratic Party Chairperson made more than you were being paid; is that right? A Yes. MR. CHASE: Object to form. Wait for me to
get my objection in, Jim. BY MR. LeBOEUF: Q So the issue of your compensation as Chairman Someone else said that
wasn't an issue raised by you.
the Democratic Chairman for Florida makes more money that Mr. Greer makes. the Democratic Chair. MR. CHASE: BY MR. LeBOEUF: Q Is that how it went? MR. CHASE: Object to form. Yes. Object to form. Mr. Greer should make more than
So at this time you weren't complaining about
67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your level of compensation. MR. CHASE: Object to form. No, not when that discussion
THE WITNESS: first arose. BY MR. LeBOEUF: Q
Well, at anytime did you complain to anyone
that you did not feel you were being paid fairly for your position? MR. CHASE: Object to form. No.
So it was based on some part you can't
remember, some person you can't remember, bringing up that allegedly the Democratic Chairman was making more money than you, and so this came up to the RPOF committee, and that was the basis for your pay being increased? MR. CHASE: Object to form. Well, first it wasn't me. The
THE WITNESS:
discussion was the Democratic Chairman -- I can't remember her name -- was making I think a hundred -- I don't remember what the exact number was. MR. CHASE: Just answer the question, Jim. No. It was that, and then the
THE WITNESS:
68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Executive Board took the matter up. I was
commended, the Executive Board commended me for my service. MR. CHASE: There is no question pending. And the Executive Board did
THE WITNESS: that. BY MR. LeBOEUF: Q
Your salary was actually increased from
$95,000 to $130,000 in August of 2007; right? MR. CHASE: Object to form. When?
THE WITNESS: BY MR. LeBOEUF: Q August 2007. MR. CHASE:
Object to form. I don't recall the date.
If the records of the organization reflect
that as the date of your increase, you don't have anything to dispute that, do you? A No. MR. CHASE: BY MR. LeBOEUF: Q A Q Do you know who Jim Stelling is? Yes, I do. Who is he? Object to form.
69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A He was the Vice-Chairman of the Republican
Party of Florida and former Chairman of the Seminole County Executive Board. Q Mr. Stelling is the one who advocated for you
for this pay raise, isn't he? MR. CHASE: Object to form. I don't recall.
When did you first meet Mr. Stelling? MR. CHASE: Object to form. Approximately 2005.
In what context? MR. CHASE: Object to form. He was a business person in
THE WITNESS:
Seminole County, and I met him at some political event. BY MR. LeBOEUF: Q If the records of the Republican Party of
Florida show Mr. Stelling was the one who advocated for and promoted the idea of you receiving this pay raise, you don't have any records or information to dispute that, do you? MR. CHASE: Object to form. No.
THE WITNESS:
70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Did you have a personal or business
relationship with Mr. Stelling? MR. CHASE: Object to form. Not at that time.
THE WITNESS: BY MR. LeBOEUF: Q Ever? MR. CHASE: BY MR. LeBOEUF: Q
Object to form.
In other words, did you ever have a personal
or business relationship with him? A Q Yes. What was that? MR. CHASE: Object to form. We became friends.
So you had a personal relationship.
Did you ever have any type of business relationship with him? MR. CHASE: Object to form. Yes.
THE WITNESS: BY MR. LeBOEUF: Q A What?
His company borrowed some money from me at
one point in time.
71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What company is that? MR. CHASE: Object to form. I don't know.
And you are sure you lent it to his company
and not to him personally? MR. CHASE: Object to form. Repeat the question.
This loan, you said that his company borrowed And my question to you is, follow
some money from you.
up is, are you sure that the money was loaned to his company and not to him personally? MR. CHASE: I objected to form. I don't recall.
How much money? Object to form. I think it was $80,000. Let me show you some documents We will mark these
MR. CHASE:
THE WITNESS: MR. LeBOEUF:
for identification purposes. as Composite Exhibit 2.
(Whereupon, the document was marked as Deposition Exhibit No. 2.) BY MR. LeBOEUF:
72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you recognize the first two pages as
checks from Mr. Stelling to you, and then attached to that a two-page promissory note? MR. CHASE: BY MR. LeBOEUF: Q A From Mr. Stelling to you? I recognize the checks, but I don't recognize Object to form.
the document. Q Okay. Let's talk about the document entitled It is a two-page document, the last
Promissory Note.
two pages of Composite Exhibit 2. You recognize this as an unsigned promissory note from 2007? MR. CHASE: Object to form. I do.
Do you remember preparing this document? MR. CHASE: Object to form. No.
Do you know who prepared this document? MR. CHASE: Object to form. No.
Does this document help you in refreshing
73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your recollection that the actual amount of the loan was $85,000 made by you to Mr. Stelling? MR. CHASE: Object to form. I see that it says $85,000 here
THE WITNESS: on this document. BY MR. LeBOEUF: Q Okay.
What I asked you is, does this Do you think that
document refresh your recollection?
based on this document that the amount of the loan from you to Mr. Stelling was $85,000? MR. CHASE: Object to form. It was either 80 or 85.
Does this document also assist you in
recalling that the loan was made in 2007? MR. CHASE: Object to form. Yes.
You agree this loan was made in 2007? MR. CHASE: Object to form. Yes.
And that the loan was made to Mr. Stelling,
not to one of his companies? A I don't know that to be the case.
74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. MR. CHASE: Object to form. If I forgot to
object, it is in there. MR. LeBOEUF: I also won't have any doubt
about that when we read the transcript, Damon. We'll almost assume it for you. MR. CHASE: BY MR. LeBOEUF: Q The first two pages of Exhibit No. 2, do you I appreciate that.
recognize those to be checks from Mr. Stelling to you? MR. CHASE: Object to form. Yes.
And those are personal checks, right? Yes. MR. CHASE: Object to form.
BY MR. LeBOEUF: Q And are these checks -MR. CHASE: BY MR. LeBOEUF: Q -- payments toward the amount of money you Slow down, Jim.
lent to Mr. Stelling? MR. CHASE: Object to form. Yes.
THE WITNESS: BY MR. LeBOEUF:
75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q payments? MR. CHASE: Object to form. I don't recall. Okay. Do you know if he made any other
Did he ever pay off the loan? MR. CHASE: Object to form. No.
Was a formal promissory note ever executed
between you and Mr. Stelling with regard to this loan? MR. CHASE: Object to form. Yes.
Do you have a copy of that executed
promissory note? MR. CHASE: Object to form. No.
THE WITNESS: BY MR. LeBOEUF: Q Who does? MR. CHASE:
Object to form. I don't know.
So you lent him $85,000.
You executed a
promissory note.
You are not sure if it is a
76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 promissory note that is attached to Exhibit No. 2; correct? MR. CHASE: Object to form. Correct.
And Mr. Stelling never paid off that loan,
but you don't know where the original promissory note exists? MR. CHASE: Object to form. I do not.
Do you know if Mr. Stelling made any payments
other than the two payments that we've attached to Exhibit No. 2. MR. CHASE: Object to form. I don't know.
THE WITNESS: BY MR. LeBOEUF: Q All right.
Did you ever take any action to
try and collect the money that you lent him? MR. CHASE: Object to form. Formal action?
THE WITNESS: BY MR. LeBOEUF: Q Any action. MR. CHASE: BY MR. LeBOEUF:
Object to form.
77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q suit? Did you send him a letter? Did you do anything? MR. CHASE: Object to form. I asked him to pay me. Did you file
THE WITNESS: BY MR. LeBOEUF: Q A Verbally? Uh-huh. MR. CHASE: BY MR. LeBOEUF: Q Is that it? MR. CHASE:
Object to form.
Object to form. Yes.
Why didn't you bring any other action?
Why
didn't you file suit to collect the money? MR. CHASE: Object to form. Because he has no money.
THE WITNESS: MR. CHASE: BY MR. LeBOEUF: Q
Object to form.
Did you disclose this loan to Mr. Stelling to
anyone at the RPOF? MR. CHASE: Object to form. No.
And you certainly lent this money to
78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Stelling after you were Chairman of RPOF, right? MR. CHASE: Object to form. Yes.
Don't you think it is a conflict of interest
to have a person like Mr. Stelling, who has got a leadership role in RPOF, to lend him money while you were Chairman of RPOF and not disclose that to anyone else with RPOF? MR. CHASE: Object to form. No.
THE WITNESS: BY MR. LeBOEUF: Q Why not? MR. CHASE:
Object to form. This loan had no relationship
THE WITNESS:
to RPOF whatsoever. BY MR. LeBOEUF: Q You don't see it as a conflict of interest in
lending him the money when he is the one who advocated for your raise? MR. CHASE: Object to form. No.
Did you ever discuss this with the Governor,
the loan that you made to Mr. Stelling?
79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. No.
Did you receive any additional salary
increases after August 2007? MR. CHASE: Object to form. I don't recall.
Isn't it true that you did not? MR. CHASE: Object to form. I don't recall.
Did you request any other salary increases
after the increase you received in August of '07? MR. CHASE: Object to form. No.
Is that for the same reason you didn't feel
that the compensation you received as Chairman wasn't important to you? MR. CHASE: Object to form. Never, never arose. Never was
THE WITNESS: an issue. BY MR. LeBOEUF: Q
So you felt like you were fairly compensated?
80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: Object to form. Compensation was never an
THE WITNESS: issue.
I was worried about other things.
BY MR. LeBOEUF: Q You never told anyone that you felt like you
were not being fairly compensated for the position; is that true? MR. CHASE: Object to form. No.
It is not true? That I was -MR. CHASE: Object to form. -- as Chairman?
THE WITNESS: BY MR. LeBOEUF: Q A Q Yes. No. Okay.
I am confused by the answer, so let me
rephrase it. While you were Chairman of RPOF, did you ever complain to anyone at anytime that you were not being fairly compensated for that position? MR. CHASE: Object to form. No.
81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Are you familiar with the Employee
Policies & Procedures Manual? MR. CHASE: Object to form. No. Why don't we take a quick break We will take a
THE WITNESS: MR. LeBOEUF:
because we may have that document. break and come back in a minute. (Brief recess.) BY MR. LeBOEUF: Q Okay.
I would like to show you a document
entitled, Republican Party of Florida Employee Policies & Procedures Manual, revised April 18th, 2007. Is yours marked? That's my copy. Do you
recognize this document, sir? A Q I do not. You were, in fact, Chairman of the RPOF and
subject to the Employee Policies & Procedures Manual as of April 18th, 2007, when this document was revised, weren't you? MR. CHASE: THE WITNESS: document. BY MR. LeBOEUF: Q This document shows that it was revised on You were certainly the acting Object to form. I don't recall ever seeing this
April 18th, 2007.
82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chairman at that time, right? MR. CHASE: THE WITNESS: time. BY MR. LeBOEUF: Q Okay. Let's talk about your other duties and Did you have other employees besides Object to form. I was Chairman during that
responsibilities. yourself at RPOF?
MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Q A Q A Q Okay.
How many?
I don't know. More than five? At RPOF? Yes. Yes. More than 10? MR. CHASE: THE WITNESS: Object to form. Yes.
BY MR. LeBOEUF: Q Okay. Wouldn't you agree as Chairman you
were the head of RPOF as Chairman, weren't you? MR. CHASE: THE WITNESS: Object to form. I believe the Governor is the
83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 head of RPOF. BY MR. LeBOEUF: Q command? A Yes. MR. CHASE: BY MR. LeBOEUF: Q Would you agree that your duties and Object to form. Okay. Under the Governor are you second in
responsibilities included the oversight and management of the other employees at RPOF? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Who had direct oversight and Object to form. Not directly.
supervision of the other employees? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. So there was a chain of command then Object to form. Each department director.
below you? A Yes. MR. CHASE: BY MR. LeBOEUF: Q But the buck stopped with you in the office Object to form.
and then your superior would be the Governor.
84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you? A No. MR. CHASE: BY MR. LeBOEUF: Q Who did they report to? MR. CHASE: THE WITNESS: Object to form. They reported to the Deputy Object to form. MR. CHASE: THE WITNESS: Governor. BY MR. LeBOEUF: Q Okay. You were second in command, though, Object to form. The buck stopped with the
below the Governor. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q And the department heads, what departments Object to form. Yes.
were these? MR. CHASE: THE WITNESS: Object to form. Political affairs, finance and I don't recall
administration, communications. the rest. BY MR. LeBOEUF: Q Okay.
And these departments would report to
Executive Director.
85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Okay. Who did he report to? Object to form. The Executive Director.
MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q
And who did the Executive Director report to? MR. CHASE: THE WITNESS: Object to form. The Chairman.
BY MR. LeBOEUF: Q A Q You? Yeah. And it is your testimony, as we sit here
today, that you didn't have anything to do with the creation or revision of what I am marking for identification as Plaintiff's Exhibit No. 3, the Republican Party of Florida Employee Policies & Procedures Manual? MR. CHASE: Object to form. Repeat the question, please.
The document you have before you, I'm
going to mark and introduce to your deposition as Exhibit No. 3. (Whereupon, the document was marked as Deposition Exhibit No. 3.)
86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q My question to you is, did you have anything
to do with the creation or revision of this document, the Republican Party of Florida Employee Policies & Procedures Manual? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you remember ever seeing this before? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you have any knowledge with regard to how Object to form. No. Object to form. No.
or who created this document? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q You were an employee of the Republican Party Object to form. No.
of Florida in 2007, correct? MR. CHASE: There is no objection. Yes.
So if this was the Republican Party of
Florida Employee Policies & Procedures Manual, it certainly would apply to you; right?
87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Why not? MR. CHASE: THE WITNESS: Object to form. There were on a regular basis Object to form. Not necessarily.
political decisions made and other decisions that may have been outside of this document that through the history of the Party or the normal day-to-day operations of the Party, that this manual would not necessarily apply to or be relevant to. BY MR. LeBOEUF: Q Can you give me any examples? MR. CHASE: THE WITNESS: Object to form. I'm sure this -- I haven't had
an opportunity to read this manual; but this manual may require that the Board of Directors approve contracts, which was not a practice of the party. BY MR. LeBOEUF: Q Wasn't a practice of the party when you took
over, is that what you are saying? MR. CHASE: THE WITNESS: Object to form. It was never a practice of the
88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Party. BY MR. LeBOEUF: Q Okay. Well, let's turn to page three of the
Exhibit No. 3, Employee Policies & Procedures Manual. I would like to direct you to the third paragraph down where it says, "Any confidential information is the property of --" A Q I'm sorry, I'm not on page three. Page 3 of 16, are you with me? Third
paragraph down.
"Any confidential information is the
property of the RPOF and removal of such property is considered a breach of trust." A I do. MR. CHASE: BY MR. LeBOEUF: Q Do you agree with that policy and procedure? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay, why not? MR. CHASE: THE WITNESS: Object to form. Because if removal of such Object to form. I do not. Object to form. Do you see that?
property is at the direction of a person that has executive authority to make that direction, then it is not a breach of trust.
89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Okay. Let's go down below that where it says Are you with me?
contracts and agreements. A Q I am.
The Policies & Procedures Manual, Exhibit 3
says, "No contract or agreement shall be entered into without the prior permission of the Chairman or Executive Director. all contracts." A I do. MR. CHASE: BY MR. LeBOEUF: Q Okay. Do you agree with this provision of Object to form. RPOF General Counsel will review
Do you see that?
the Employee Policies & Procedures Manual? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Q Right. I don't understand the question. All right. Do you have any evidence or Object to form. Do I agree with it?
documentation to show that this was not a stated written policy of the Republican Party of Florida as of April 18, 2007? MR. CHASE: THE WITNESS: Object to form. I have no evidence that it was
90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not a written policy, but it certainly was not the practice of the Party. BY MR. LeBOEUF: Q What do you mean by that? MR. CHASE: THE WITNESS: Object to form. No contract or agreement was
ever placed on the agenda by any staff member, by the General Counsel, or anyone else within RPOF for approval or review by the General Counsel or the Board of Directors or anyone else, other than the Chairman. Director, too. BY MR. LeBOEUF: Q Let's back up a little bit. Exhibit three With some exceptions, the Executive
purports to be the Employee Policies & Procedures Manual for the Republican Party of Florida with a revision date of April 18, 2007; correct? A Q Yes. Okay. And page three of that document under
contracts and agreements states that, "No contract or agreement shall be entered without the prior permission of the Chairman or Executive Director --" Chairman, right? A Q Correct. So by the terms of the agreement, you would You were the
91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have to enter into any contract, or you would have to get permission -- either you or the Executive Director would have to give permission for the entering into of any contracts or agreements by this written policy; right? A Q Give or get permission? It says, "No contract or agreement shall be
entered into without the prior permission of the Chairman or Executive Director." A Q That's correct. Right. So I'm assuming if you signed a
contract, that it would be with your permission, right? A Right. MR. CHASE: BY MR. LeBOEUF: Q But if some other employee of the Object to form.
organization wanted a contract or agreement to be signed, they would need to have your permission or the Executive Director's permission, right? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. And then the second sentence of that Object to form. That's what the document says.
document says, "RPOF General Counsel will review all contracts." Right?
92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q So what I want to know is, if Exhibit 3 -Object to form. Yes.
the document we are looking at -- is the written Employee Policies & Procedures Manual for RPOF as of April 18, 2007, why wasn't it complied with? MR. CHASE: THE WITNESS: Object to form. Well, as I review this
document, I can tell you that much of it was, as a practice prior to me becoming Chairman and during my Chairmanship, may not have been complied with. BY MR. LeBOEUF: Q All right. I would like you to assume that
this policies and procedures manual, Exhibit No. 3, was revised and adopted by RPOF on April 18, 2007, the date on the exhibit. Do you have any evidence or documentation to show that you were not bound by the provisions of that exhibit; most particularly, the requirement that RPOF General Counsel will review all contracts? MR. CHASE: THE WITNESS: Object to form. Well, as Chairman I would
assume that I had the ability to either strike, modify or amend this document since it was not
93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subject to the Executive Board's approving. BY MR. LeBOEUF: Q A Do you have anything to base that opinion on? Executive authority is based, is placed in
the Office of the Chairman. Q Where does it say that? MR. CHASE: THE WITNESS: the Party. BY MR. LeBOEUF: Q And by your definition, executive authority Object to form. By practice and by practice of
is whatever you say it is. A No, that's not correct. MR. CHASE: BY MR. LeBOEUF: Q Then where is it defined where it is Object to form.
specified as to what your authority is and what agreements or manuals you can override? A If it is a policy -MR. CHASE: THE WITNESS: Object to form. If this document was adopted by
the Executive Board, which I have no evidence that it was, that would be one thing. seen this document. seen this document. But I've never
I don't believe I've ever
94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q So it is your testimony that if Exhibit No. 3
to your deposition was adopted by the Executive Board, then you would be bound by the terms of Exhibit 3? MR. CHASE: BY MR. LeBOEUF: Q A Q Is that your testimony? I don't know. So as we sit here today, as Chairman of RPOF, Object to form.
do you believe that you were or were not bound by the terms of Exhibit No. 3 to your deposition? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q If a document like Exhibit No. 3 were not Object to form. I don't know.
adopted by the Executive Board, it didn't run through the Executive Board, is it your opinion that you would have the executive authority to ignore or fail to comply with Exhibit No. 3? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Who was General Counsel for RPOF on Object to form. I don't know.
April 18, 2007? MR. CHASE: Object to form.
95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Gonzalez. BY MR. LeBOEUF: Q Okay. Did you ever have any discussion with It most likely was Jason
Jason Gonzalez regarding approval of contracts or agreements? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Did you ever have any discussions with Object to form. Yes.
him where he indicated that he should review and approve all contracts involving RPOF? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. If he were to say that was, in fact, Object to form. No.
his job and his responsibility, and that any contracts or agreements entered into by RPOF should be reviewed by the General Counsel of RPOF, would you disagree with that? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Sure. Please. Object to form. Repeat the question.
96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I want you to assume for a moment that as of
April 18, 2007, Jason Gonzalez, was in fact, the General Counsel for RPOF. A Q A Q Uh-huh. Is that a "yes"? Yes. I'm sorry. Okay?
If Mr. Gonzalez were to testify that one of
his duties and responsibilities as General Counsel of RPOF was to review all RPOF contracts or agreements, you wouldn't dispute that or disagree with him, would you? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Why? Because -MR. CHASE: THE WITNESS: Object to form. -- the General Counsel reviews Object to form. Yes, I would.
matters that he is either directed or referred to by the Executive Director or the Chairman. BY MR. LeBOEUF: Q Okay. Well, Exhibit No. 3 specifically says
that it is his duty and responsibility to review all contracts involving RPOF; correct? A That's what this paragraph states.
97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So pursuant to Exhibit No. 3, it is his
responsibility to review all contracts involving RPOF; right? A That's what this paragraph states. MR. CHASE: BY MR. LeBOEUF: Q Do you have anything to indicate -- any Object to form.
documents, any evidence, whatsoever -- that would invalidate or refute that requirement in Exhibit No. 3? MR. CHASE: THE WITNESS: Object to form. I don't believe the General
Counsel reviewed every agreement or contract that RPOF entered into. BY MR. LeBOEUF: Q Well, I think that is going to come out to be
true as we hear the other documents and contracts that have been executed by you. MR. CHASE: BY MR. LeBOEUF: Q That's not my question. MR. CHASE: BY MR. LeBOEUF: Q My question to you is, do you have any Move to strike. Object to form.
evidence or documents that invalidate the requirement in Exhibit No. 3 that the General Counsel review all
98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RPOF contracts? MR. CHASE: THE WITNESS: Object to form. I have nothing to dispute that
is what that paragraph says. BY MR. LeBOEUF: Q As Chairman, did you ever submit any RPOF
contracts to Mr. Gonzalez or any other legal counsel for their review? MR. CHASE: THE WITNESS: Object to form. I don't believe I ever
submitted them directly from me. BY MR. LeBOEUF: Q Did you ever direct or authorize anyone else
to do that on behalf of RPOF? MR. CHASE: THE WITNESS: Object to form. I don't believe that I directed
that he review any contracts. BY MR. LeBOEUF: Q Okay. That wasn't my question. My question
is, you've indicated that you are second in command at RPOF. you. You've got committee chair people underneath There are employees underneath you. Did you direct anyone else at RPOF to have any contracts or agreements reviewed by Mr. Gonzalez or any other counsel on behalf of RPOF?
99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: that. BY MR. LeBOEUF: Q Okay. Why not? Object to form. Because generally there was Object to form. No, I don't believe I directed
MR. CHASE: THE WITNESS:
communication between the staff and the General Counsel regarding agreements, things of that nature, or -- I really didn't know what he did. BY MR. LeBOEUF: Q Well, is it your testimony that he did, in
fact, review contracts and agreements entered into by RPOF or not? MR. CHASE: THE WITNESS: didn't. (Brief pause.) BY MR. LeBOEUF: Q You signed contracts or agreements on behalf Object to form. I don't know whether he did or
of RPOF, right? A Q A At times. Okay. You are not an attorney, are you?
I am not. MR. CHASE: Object to form.
100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Do you have any legal training? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Would you agree that it would be in RPOF's Object to form. No.
best interest to comply with the policy set forth in Exhibit 3 that all RPOF contracts be reviewed by their General Counsel? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q I'm confused. I will explain why and maybe Object to form. I don't know.
you can help me.
You have indicated you are not a We know from
lawyer and you have no legal training.
this case that RPOF entered into contracts and agreements. A Q A Many of them signed by you, right?
(Nodding head.) Is that a "yes"? Yes. MR. CHASE: Object to form.
BY MR. LeBOEUF: Q The document, Exhibit No. 3, states that And
RPOF's General Counsel will review all contracts.
I asked you if you thought it would be in RPOF's best
101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interest for their General Counsel to review their agreements. And you said, I don't know.
Could you please explain why it wouldn't be in their best interest to have their contracts and agreements reviewed by their General Counsel? MR. CHASE: THE WITNESS: Object to form. Well, I apologize. I'm trying And
to give you my best answer to that question.
it is, I don't know if it would be in RPOF's best interest. BY MR. LeBOEUF: Q When wouldn't it be in their best interest to
have their contracts or agreements reviewed by their General Counsel? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q You told me earlier that when you took over Object to form. I don't know.
as Chairman of RPOF, you were still the president of the Regulatory Compliance Services company, and you were still president of Food Safety Training, and you were deputy mayor of Oveida. A Q Yes. Correct? MR. CHASE: Object to form.
102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q And you told me that you went on and sold
your interests in those private companies to the Florida Restaurant Association a few months after you took office -A Q Yes. -- correct? MR. CHASE: Object to form. You have to
give me an opportunity to object, Jim. BY MR. LeBOEUF: Q You indicated that you felt like the
Chairmanship for RPOF was a full-time job. MR. CHASE: BY MR. LeBOEUF: Q A Q Correct? I treated it as such. Okay. Were you involved as Chairman of RPOF Object to form.
with any other business ventures during your term as Chairman? MR. CHASE: THE WITNESS: question. BY MR. LeBOEUF: Q Sure. Did you accept any other outside Object to form. I don't understand the
employment while you served as Chairman with RPOF?
103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Tell me about it. Object to form. I served for about a year as a Object to form. Yes.
MR. CHASE: THE WITNESS:
consultant to a company, I believe called Mardi Gras, Inc. BY MR. LeBOEUF: Q Did you have a written contract with them? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Who did you deal with, with Mardi Gras, Inc.? Gary Rutledge. MR. CHASE: BY MR. LeBOEUF: Q A Local attorney in Tallahassee? Yes. MR. CHASE: BY MR. LeBOEUF: Q What did you do for Mardi Gras, Inc.? MR. CHASE: THE WITNESS: Object to form. Provided consultation on Object to form. Object to form. Object to form. I don't recall.
hospitality regulatory issues.
104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q When was this? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q And what were you paid? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Did you disclose this outside occupation to Object to form. I think it was 7500 a month. Object to form. That was 2008.
anyone at RPOF? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q What did you tell George LeMieux about this? MR. CHASE: THE WITNESS: consultant. BY MR. LeBOEUF: Q What position was Mr. LeMieux in at the time? MR. CHASE: BY MR. LeBOEUF: Q Was he still Chief of Staff for the Governor? MR. CHASE: THE WITNESS: Object to form. He may have been. Object to form. Object to form. That I was being hired as a Object to form. George LeMieux.
105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. BY MR. LeBOEUF: Q So he authorized it? MR. CHASE: BY MR. LeBOEUF: Q Or were you just telling him? Were you Object to form. BY MR. LeBOEUF: Q What did Mr. LeMieux tell you about it? MR. CHASE: THE WITNESS: Object to form. If it makes you happy, then do
seeking his approval or permission or were you just announcing it? A No -MR. CHASE: THE WITNESS: Object to form. -- I was wanting to make sure
that he was fine with it. BY MR. LeBOEUF: Q Did you discuss this outside employment with
anyone else? MR. CHASE: BY MR. LeBOEUF: Q With the Party, with RPOF? MR. CHASE: Same objection. I don't believe so. Object to form.
106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Are there any written communications
between you and Mr. LeMieux regarding your inquiry and his response in connection with this outside employment? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Q A No e-mails, no -No. -- texts? No. MR. CHASE: BY MR. LeBOEUF: Q Any other outside employment while you served Object to form. Object to form. No.
as Chairman? MR. CHASE: THE WITNESS: Object to form. Yes, I served as a consultant
to Sargeant Oil, Sargeant Industries, I believe it is called. MR. DOBSON: THE WITNESS: BY MR. LeBOEUF: Q When was that? MR. CHASE: THE WITNESS: Object to form. 2008 through 2009. Sargeant Industries? I believe so.
107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q What were you paid? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Did you discuss this outside employment with Object to form. $10,000 a month.
anyone at RPOF? A Yes. MR. CHASE: BY MR. LeBOEUF: Q A Q Who? George LeMieux. Was this a separate communication from the Object to form.
communication you had with him regarding Mardi Gras, Inc.? A Yes. MR. CHASE: BY MR. LeBOEUF: Q Okay. Was this communication verbal or were Object to form.
there any written documentations to verify or substantiate the communication? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Would there be any e-mails or texts to Mr. Object to form. It was verbal.
108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LeMieux regarding this employment? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q What was the purpose of your communication Object to form. No.
with Mr. LeMieux regarding this outside employment? MR. CHASE: THE WITNESS: Object to form. To make him aware of it and
determine if he had any concerns about it. BY MR. LeBOEUF: Q Did you think that was his decision to make? MR. CHASE: THE WITNESS: Object to form. The Governor informed me that
George LeMieux spoke for him. BY MR. LeBOEUF: Q So you never discussed Mardi Gras, Inc. or
your employment with Sargeant Oil with the Governor? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q What was your communication with the Governor Object to form. Sargeant Oil, I did.
about Sargeant Oil? A I informed the Governor that -MR. CHASE: THE WITNESS: Object to form. I informed the Governor that I
109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was going to serve as a consultant to Sargeant Oil and did he have any concerns about that. BY MR. LeBOEUF: Q Was this verbal? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Any written communications verifying the Object to form. Yes.
Governor's discussion with you about that? A No. MR. CHASE: BY MR. LeBOEUF: Q Do you have anything in writing from Mr. Object to form.
LeMieux or the Governor authorizing you to engage in this outside employment with Mardi Gras, Inc., or with Sargeant Oil? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Did you have a written agreement with Object to form. No.
Sargeant Oil? MR. CHASE: THE WITNESS: used the restroom? MR. LeBOEUF: Absolutely. Object to form. No. Would it be all right if I
110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Brief recess.) MR. LeBOEUF: BY MR. LeBOEUF: Q Did you have any other outside employment Back on the record.
while you served as Chairman? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q With whom? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Who did you deal with there? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q What was your employment with Florida Object to form. Carol Dover. Object to form. Florida Restaurant Association. Object to form. Yes.
Restaurant Association? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q And when was that? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. Throughout 2008, 2009. Object to form. Regulatory consultant.
111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what were you paid? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you know the total amount of your Object to form. I believe it was 8,000 a month.
compensation with them? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Well, did you get paid by them throughout Object to form. Annually?
2008 and 2009? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q So for about 24 months? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Chairman? A Yes. MR. CHASE: BY MR. LeBOEUF: Q And did you consult with anyone with RPOF to Object to form. You continued to do it after you served as Object to form. Actually it was 48 months. Object to form. Yes.
determine whether or not you had permission to engage
112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in this outside employment? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Q Who? George LeMieux. Anyone else? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Who? MR. CHASE: THE WITNESS: MR. CHASE: BY MR. LeBOEUF: Q Anyone else? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you have any written authorization from Object to form. No. Object to form. Charlie Crist. Object to form. Object to form. Yes. Object to form. Yes.
George LeMieux or Charlie Crist authorizing your outside employment for the Florida Restaurant Association while you also served as chair of the Republican Party of Florida? MR. CHASE: Object to form.
113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q Did you engage in any other outside No.
employment while you were Chairman of RPOF? MR. CHASE: THE WITNESS: Object to form. I believe one month in January
of 2007 I continued to be paid my city commission amount. BY MR. LeBOEUF: Q Did you actually resign from the city
commission? A Yes. MR. CHASE: BY MR. LeBOEUF: Q When was that? MR. CHASE: THE WITNESS: January. BY MR. LeBOEUF: Q A Of '07? Yes. MR. CHASE: BY MR. LeBOEUF: Q And you submitted a written letter of Object to form. Object to form. I believe it was at the end of Object to form.
resignation?
114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Any other outside employment while you were Object to form. Yes.
Chair of the Republican Party of Florida? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Let me show you a document. Ask if you can Object to form. No.
identify it for me, please. This is an agreement between you and Hartman and Tyner, Inc., dated May 1st, 2008, for you to provide services on behalf of Hartman and Tyner, Inc. for the sum of $7,500 per month? A Q It is. Is this additional outside employment that
wasn't previously mentioned by you in your testimony? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Is this a contract regarding the Object to form. It is not.
engagement on behalf of Mardi Gras, Inc.? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. I believe so. Yes.
115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So it is your testimony today that you think
that this agreement, which we will attach to your deposition as Exhibit No. 4, is an agreement memorializing your relationship with Hartman and Tyner, Inc. on behalf of Mardi Gras, Inc.? MR. CHASE: THE WITNESS: Object to form. I don't know exactly the
relationship between Hartman and Tyner and Mardi Gras, Inc. (Whereupon, the document was marked as Deposition Exhibit No. 4.) BY MR. LeBOEUF: Q Okay. But you believe this is a contract
regarding your earlier testimony of consulting services on behalf of Mardi Gras, Inc.? MR. CHASE: THE WITNESS: Object to form. Mardi Gras, Inc., I believe, is
owned and affiliated with in some form with Hartman and Tyner. BY MR. LeBOEUF: Q Okay. Just by way of being all inclusive,
I'm correct in understanding that the only individuals that you discussed any of this outside employment with was George LeMieux, in some cases, also Charlie Crist; is that right?
116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Q A Q Yes. I believe so. Okay. And therefore -Object to form. Within RPOF?
Could you repeat that question? Sure. In terms of your position as Chairman
with RPOF -A Q Uh-huh. -- am I correct in understanding that you did
not feel a duty or obligation to get pre-approval for outside employment, outside of your position as Chair, from anyone other than George LeMieux or the Governor? MR. CHASE: THE WITNESS: these contracts. Object to form. I sought their approval on I sought their approval on the I sought their
Victory Strategies contract.
approval, anytime that I was doing anything of this nature, by informing George LeMieux and I informed the Governor. BY MR. LeBOEUF: Q And all of those communications were verbal.
You have nothing in writing from George LeMieux or the Governor indicating that it was appropriate or
117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acceptable for you to be engaging in outside employment, employment other than your position as Chairman? MR. CHASE: THE WITNESS: Object to form. Neither the Governor nor George
were receptive to anything in writing, so it was all verbal. BY MR. LeBOEUF: Q Did they direct you that they did not want to
give you authorization in writing? MR. CHASE: THE WITNESS: Object to form. Not on these specific
instances, but there were times that it was encouraged to not put anything in writing. BY MR. LeBOEUF: Q So with regard to outside employment, neither
George LeMieux or the Governor ever told you that they didn't want to authorize you to engage in outside employment in writing; is that correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Did you receive W-2 or 1099 documentation Object to form. That's correct.
from all of these outside employers? MR. CHASE: Object to form.
118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q With regard to these outside employers, I'm I don't recall.
correct in understanding that you never discussed the appropriateness of you engaging in this outside employment with RPOF's General Counsel; is that correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q That wasn't my question. Did you ever have Object to form. It wasn't required.
any discussion with RPOF's General Counsel regarding whether or not it was appropriate or allowable for you to engage in any of these forms of outside employment? MR. CHASE: THE WITNESS: Object to form. I did have discussions with the
General Counsel about being a consultant to the restaurant association. And I did have a discussion with the General Counsel at one point in time about serving as a consultant to Harry Sargeant. BY MR. LeBOEUF: Q first. Okay. Let's go to the restaurant association
Is it your testimony that you had a
conversation with Jason Gonzalez regarding that outside
119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q You didn't ask him whether he had any Object to form. He had no objection. employment? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A When and where and tell me what was said. We were at Po' Boys one time and I did Object to form. An informal conversation, yes.
mention I worked for the restaurant association. Q A And what did he say? He didn't say yes, no. We just continued to
talk about life. Q So you didn't ask whether it was authorized
or whether it was appropriate, you just made a statement to him that you were doing that? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. And he didn't have any comment about Object to form. Correct.
objection, you just told him you were doing it; right? MR. CHASE: THE WITNESS: Object to form. He had no objection.
120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: BY MR. LeBOEUF: Q Did you tell him you had run it by the Object to form.
Governor or George LeMieux? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. With regard to Sargeant Oil, tell me Object to form. No.
when and where you had communication with Jason Gonzalez regarding your consulting services for Sargeant Oil? MR. CHASE: THE WITNESS: Object to form. We were at a fundraiser that I don't remember where we
Mr. Sargeant was at. were. BY MR. LeBOEUF: Q Okay.
At this point when you had this
discussion with Mr. Gonzalez, you were already receiving consulting fees from Mr. Sargeant? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q So this wasn't a situation where you were Object to form. Yes.
seeking approval or authorization from him for this outside employment; is that correct?
121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q That wasn't my question. When you spoke to Object to form. He had no objection.
Mr. Gonzalez about this, you were already engaged in this outside employment with Sargeant Oil; right? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q You were already receiving compensation from Object to form. Yes.
Sargeant Oil. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q When you discussed it with Mr. Gonzalez, you Object to form. Yes.
just simply told him that you were doing consulting services for Sargeant Oil; correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Did you tell him how much you were Object to form. That's correct.
being paid? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. I don't recall.
122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. When was the -- you don't remember
when this was, you just know it was at a fundraiser? MR. CHASE: THE WITNESS: Sargeant was at. BY MR. LeBOEUF: Q Going back to the Florida Restaurant Object to form. It was at an event that Mr.
Association, when you told Mr. Gonzalez you were doing consulting work for the Florida Restaurant Association at Po' Boys, were you already being compensated as part of that agreement with the Florida Restaurant Association? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. So once again, you weren't seeking Object to form. Yes.
Mr. Gonzalez's approval or authorization, you were simply announcing to him that you were already engaged in this consulting service. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Did you have any discussions with anyone else Object to form. Correct.
with RPOF regarding any of your outside employment? MR. CHASE: Object to form.
123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q Okay. And based on your testimony, am I None that I can recall.
correct in understanding that you did not tell Mr. Gonzalez that you had entered into a contract for outside employment with -- whether it was Mardi Gras, Inc. or Hartman and Tyner? A That's correct. MR. CHASE: BY MR. LeBOEUF: Q Did you receive a W-2 or 1099 for the money Object to form.
you received from Sargeant Oil? MR. CHASE: Object to form. I don't recall.
Did you report that compensation for Sargeant
Oil on your tax returns? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Have you ever indicated that the money from Object to form. Yes.
Sargeant Oil was a loan? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. No.
124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Are you familiar with a corporation by the
name of Entertainment Investments, Incorporated? A Q A Q I am. Is that a corporation that was formed by you? I believe so. You actually did the incorporation of
Entertainment Investments, Inc. in April of 1987; didn't you? A I don't recall. MR. CHASE: BY MR. LeBOEUF: Q Let me show you the documents which we will Object to form.
identify as Exhibit 5 to your deposition. (Whereupon, the document was marked as Deposition Exhibit No. 5.) BY MR. LeBOEUF: Q Having had a chance to review these
documents, can we agree you formed Entertainment Investments, Inc., in Florida on April 7th, 1987? MR. CHASE: Object to form. And he hasn't You gave
had a chance to review the documents.
him about a half inch of documents and followed it up within 30 seconds with the question, "having reviewed the documents." BY MR. LeBOEUF:
125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q you want. Sir, you have as much time to review this as I would direct you, though, to the first
page of the document that says that the corporation was formed on April 7, 1987. MR. CHASE: BY MR. LeBOEUF: Q A Do you have any reason to dispute that? No. MR. CHASE: BY MR. LeBOEUF: Q The second page is a letter to the Department Object to form. Thank you, Mr. LeBoeuf.
of State dated April 2, 1987, bearing -MR. CHASE: Object to form. I think you
said April the 2nd. MR. LeBOEUF: April 2, 1987. MR. CHASE: the filed. BY MR. LeBOEUF: Q
It looks like a 7 to me.
Well, the letter actually says
You're right, I was looking at
A letter written by an individual who signed Is that a letter you
above the name James A. Greer.
sent to the Department of State, April 2nd, 1987? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. It appears to be.
126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. It appears to be your signature,
doesn't it? A Q It appears to be. Okay. And the letter indicates that you have
enclosed an original and one copy of Articles of Incorporation for this corporation; right? MR. CHASE: BY MR. LeBOEUF: Q A Q First sentence of the letter? Yes. And then attached behind that are the Object to form.
Articles of Incorporation for Entertainment Investments, Inc., correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q And you prepared these articles of Object to form. I believe so, yes.
incorporation, didn't you? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Nothing about these documents indicate that Object to form. I don't recall.
you hired a lawyer to do this, correct? MR. CHASE: THE WITNESS: Object to form. I don't believe so.
127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. BY MR. LeBOEUF: Q And you were the registered agent for this
corporation? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Q Page one of the articles. Yes. And you signed as the incorporator on the Object to form. Let me see.
next page? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Go to the next page in Composite Exhibit No. Object to form. It appears so.
You also formed A & M Entertainment, Inc.,
yourself, didn't you? MR. CHASE: BY MR. LeBOEUF: Q You sent a letter on November 16, 1992 to the Object to form.
Department of State enclosing the original and one copy of Articles of Incorporation for A & M Entertainment, Inc., correct? MR. CHASE: THE WITNESS: Object to form. I don't recall A & M
Entertainment, Inc.
128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Does that appear to be your signature above
the line that says James A. Greer, President and CEO? A Q It appears to be my signature. If you go to the next page. It is Articles Under
of Incorporation for A & M Entertainment, Inc.
Article V it shows you, James A. Greer, as the initial registered office and agent. MR. CHASE: BY MR. LeBOEUF: Q Is that correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q If you skip back two more pages on Object to form. It does. Object to form.
January 29, 1993, you also incorporated National Responsible Vendor Products, Inc.? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Submitted Articles of Incorporation naming Object to form. Yeah.
yourself as the registered agent? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. Yes.
129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And also as the director of that corporation? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q And you prepared and incorporated this Object to form. I believe so.
corporation on your own without the assistance of counsel? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you have anything on any of these Object to form. I don't recall.
documents indicating that you had any assistance or utilized the services of any attorneys in forming this corporation? MR. CHASE: THE WITNESS: Object to form. I usually worked with
Mr. Purnell when we did these corporations. BY MR. LeBOEUF: Q Do you have any independent recollection of
retaining him or employing him to incorporate any of the companies we have discussed so far? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Going to the next document, April 9, Object to form. I don't recall.
130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2003 (sic), Florida Drug Screening, Inc., a letter from you to the Department of State. Enclosing the original
and one copy of Articles of Incorporation for Florida Drug Screening, Inc. corporation? MR. CHASE: THE WITNESS: Object to form. I don't recall the document, Do you recall forming that
but I recall forming the corporation. BY MR. LeBOEUF: Q Okay. And you also served as the
incorporator and the initial Board of Directors for that corporation? MR. CHASE: THE WITNESS: Object to form. I thought Joe Riley was a
member, but I see the documents in there. BY MR. LeBOEUF: Q document? A I don't believe so. MR. CHASE: BY MR. LeBOEUF: Q 1994? What about the next document, August 11, Can we agree that you submitted articles of Object to form. Any reason to dispute the accuracy of that
incorporation for the incorporation of Employee Resource Services, Inc.?
131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. MR. CHASE: Object to form. Although that appears to be a
THE WITNESS: stamped signature. BY MR. LeBOEUF: Q
And the documents following that, you served
on the initial Board of Directors for that corporation, as well? A Yes. MR. CHASE: BY MR. LeBOEUF: Q These documents were all filed with the State Object to form.
of Florida and are public documents identifying you in the positions we discussed today, right? A I believe so. MR. CHASE: BY MR. LeBOEUF: Q Next document is State of Florida Department Object to form.
of State, it is a certificate of a true and correct complete copy of the file for Greer Companies, Inc., dated March 26, 1999; you see that? A Yes. MR. CHASE: BY MR. LeBOEUF: Q What position did you hold with Greer Object to form.
132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Companies, Inc.? MR. CHASE: Object to form. That was never really an actual
THE WITNESS:
-- most of these companies were formed to tie up the name. BY MR. LeBOEUF: Q From the Articles of Incorporation you see
you served on the initial Board of Directors for Greer Companies, Inc.? A I believe so. MR. CHASE: BY MR. LeBOEUF: Q A And were also the incorporator for that name? I believe so. MR. CHASE: BY MR. LeBOEUF: Q And once again, to the best of your Object to form. Object to form.
recollection, you formed this corporation on your own? MR. CHASE: THE WITNESS: Object to form. I don't recall. In many cases,
Mr. Purnell, our General Counsel, was involved. BY MR. LeBOEUF: Q Inc.? MR. CHASE: Object to form. What was the purpose of Greer Companies,
133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I think my initial thought was
I was going to try and branch out and have multiple companies under one umbrella, but it just never took off. BY MR. LeBOEUF: Q But these documents were filed with the State
of Florida and are public documents identifying you in connection with that corporation; is that correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Bistro? Next document is Adams Street Bakery and Is that another corporation? THE WITNESS: MR. CHASE: BY MR. LeBOEUF: Q them? A Yes. MR. CHASE: BY MR. LeBOEUF: Q Same thing with Beverage Law Consultants, Object to form. And you served on the Board of Directors for Yes. Object to form. Object to form. I believe so.
Inc., it is another corporation you formed? MR. CHASE: BY MR. LeBOEUF: Object to form.
134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Is that correct? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q them? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q And were also their incorporator? MR. CHASE: BY MR. LeBOEUF: Q A Q Is that correct? Yes. Same thing with Food Safety Training, Inc. Object to form. Object to form. Yes. You served on the Board of Directors for Object to form. Yes.
That's a corporation that you mentioned earlier, right? A Q Uh-huh. You formed that corporation, correct? MR. CHASE: THE WITNESS: that corporation. BY MR. LeBOEUF: Q If we go to the last page connected with that Object to form. I believe Harry Purnell formed
corporation, it identifies you as the incorporator, do you see that?
135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. And you signed that on April 12, 2000? MR. CHASE: BY MR. LeBOEUF: Q A Q Is that correct? Yes. Another company that you mentioned earlier, Object to form.
Regulatory Compliance Services, you incorporated that corporation, as well; right? A Correct. MR. CHASE: BY MR. LeBOEUF: Q You served on the initial Board of Directors Object to form.
and were listed as the incorporator, correct? A Correct. MR. CHASE: BY MR. LeBOEUF: Q And you signed that on March 6, 2001? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q It looks like you also incorporated Florida Object to form. Correct. Object to form.
Food Safety Consultants, Inc., similar but different name on March 16th, 2001? MR. CHASE: Object to form.
136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Is that right? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Why did you form Florida Food Safety Object to form. Correct.
Consultants, Inc.? A As I said, these corporations were formed to
tie up the name. Q Okay. Likewise, you served on their initial
Board of Directors and were the incorporator? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q You were also the registered agent for Object to form. Yes.
Florida Food Service Association Inc., correct? MR. CHASE: THE WITNESS: Object to form. I don't know. I see where
Harry Purnell formed it.
I don't know whether he
made me the registered agent or not. BY MR. LeBOEUF: Q If you go to page one of the page that's
Bates stamped JG000742. A Q Where are we? What page? I'm sorry.
It is Bates stamped in the lower right-hand
137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 corner, JGOOO742. A Q Yes, I see that. Okay. And the Articles of Incorporation
reflect you as the registered agent, right? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q see that? A I do. MR. CHASE: BY MR. LeBOEUF: Q It looks like it is Bates stamped in the Hold on. Go back a few more pages to JG000929. Do you Object to form. Yes.
upper right-hand corner, March 6 -- I'm sorry, looks like 06 MAR 22 P.M 3:24. A I do. MR. CHASE: BY MR. LeBOEUF: Q Is that your handwriting on these Articles of Object to form. Do you see that?
Incorporation. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you know whose handwriting that is? MR. CHASE: Object to form. Object to form. No.
138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q To the next page, Florida Hospitality No.
Training Institute, Inc. certification from the Department of State -- or from the State of Florida. Do you see that? A Q I do. Is that another corporation that you formed? MR. CHASE: THE WITNESS: Object to form. Yes. Although, it looks like
Harry Purnell formed that corporation. BY MR. LeBOEUF: Q For that corporation you can see on the
documentation that Harry Purnell signed above the line where it says signature/registered agent, right? A It appears so. MR. CHASE: BY MR. LeBOEUF: Q That's his signature appearing next to the Object to form.
date 5/1/07, correct? A Q I believe so. And the -MR. CHASE: BY MR. LeBOEUF: Q And the document we are referring to is Bates Object to form.
139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 statemented JG000756 in the lower right-hand corner? A Yes. MR. CHASE: BY MR. LeBOEUF: Q And so by virtue of his disclosure and his Object to form.
identification on the documents associated with the Florida Hospitality Training Institute, Inc., you are comfortable in stating that Mr. Purnell is actually the individual who did the incorporation of that company; right? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Going a few pages back, JG000953. It is a Do you Object to form. It appears to be his signature.
cover letter, Subject, Red State Holdings, LLC. see that? A Q A Q Which one is it? JG000953? Yes. Okay. Yes.
The cover letter also identifies
Mr. Purnell as being connected with the development and registration of Red State Holdings, Inc. -- I'm sorry, Red State Holdings, LLC; correct? MR. CHASE: THE WITNESS: Object to form. Yes.
140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Is it fair to say from that document and the
documents that followed that Mr. Purnell was involved in and is a person who incorporated Red State Holdings, LLC? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q right? A It was an LLC. MR. CHASE: BY MR. LeBOEUF: Q JG000595? A Q Yes. That identifies you by Mr. Purnell, I would refer you to Bates statement Object to form. And you are the managing member of that LLC, Object to form. Yes.
Mr. Purnell prepared this document, and identifies you as the managing member, right? A Q Yes. And the last few pages of Composite Exhibit Regulatory Services, Inc.
5, cover letter, Subject: Do you see that? A Yes. MR. CHASE:
Object to form.
141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q And below that it shows on the cover letter That is you, right?
that it is from James A. Greer. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay.
Cover letter directed to the
Department of State, Division of Corporations, right? A Yes. MR. CHASE: BY MR. LeBOEUF: Q For identification, we are talking about As we go on to the next Object to form.
Bates statement page JG000963.
page, JG000964, it shows Articles of Incorporation that were filed with the Secretary of State. Do you
recognize the handwriting on that document? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. It identifies you, nonetheless, as the Object to form. I do not.
initial officer or director for Regulatory Services, Inc.? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Object to form. Yes.
142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q That is your signature on 3/16/2006 as the
registered agent and as the incorporator at the bottom of the page, correct? MR. CHASE: THE WITNESS: MR. LeBOEUF: Object to form. It appears to be, yes. We'll attach this to your
deposition as Composite Exhibit 5. BY MR. LeBOEUF: Q Whose decision was it to form Victory
Strategies, LLC? MR. CHASE: THE WITNESS: legal counsel. BY MR. LeBOEUF: Q A Who? GrayRobinson. MR. CHASE: BY MR. LeBOEUF: Q Who did you speak with at GrayRobinson? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Okay. John Harris is not lawyer, right? Object to form. John Harris, initially. Object to form. Object to form. It was on the recommendation of
He is not. MR. CHASE: Object to form.
143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q A So what did you discuss with John Harris? I discussed -MR. CHASE: THE WITNESS: Object to form. -- that we were going to form
a political fundraising company, and what was the process to do that. BY MR. LeBOEUF: Q When you say "we", who is "we"? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Who was present at this meeting? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q So you and Delmar Johnson met with Object to form. Delmar Johnson. Object to form. Delmar Johnson.
Mr. Harris? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. And whose idea was it to form this Object to form. No. We had him on the phone.
fundraising LLC? MR. CHASE: THE WITNESS: Object to form. To form the company --
144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q A jointly. Q Okay. Well, who initiated the idea of Right. -- I don't believe -- we discussed it
starting to do fundraising -MR. CHASE: BY MR. LeBOEUF: Q -- on behalf of RPOF under the cover of an Object to form.
organization? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. So you had a discussion with George Object to form. George LeMieux.
LeMieux about Victory Strategies? MR. CHASE: THE WITNESS: fundraising. BY MR. LeBOEUF: Q A All right. George LeMieux was the one who suggested that Object to form. Your question was to
Delmar and I take over fundraising for the Party. Q Okay. Tell me about that. How did that
conversation start? MR. CHASE: Object to form.
145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: In the middle to late 2008, the
Governor was becoming more and more frustrated. Charlie was becoming more and more frustrated with Meredith. And there were numerous discussions
about what to do about fundraising. At some point in time, it was probably latter part of 2008, I was in the driveway at my house talking on the cell phone to George about several things, including fundraising. And he suggested that we try -- well, no, I believe it was a follow-up conversation about Ann Herberger and some other people that I had finally gotten permission to go visit to try and see if they would become the fundraiser to the Party. BY MR. LeBOEUF: Q Okay. Let's back up. Identify for the
record who Ann Herberger is. MR. CHASE: THE WITNESS: Object to form. She is a, she was a -- she was
the prior fundraiser for the Party before Meredith O'Rourke. BY MR. LeBOEUF: Q A Okay. Under Governor Bush. MR. CHASE: There is no question pending.
146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q I think you were giving me an answer in terms I'm sorry.
of what led to, or the substance of your conversation with George LeMieux with regard to a change in fundraising. MR. CHASE: BY MR. LeBOEUF: Q So what I want to know is, tell me what You said you were in Still no question.
happened in that conversation.
your driveway when you had this conversation with Mr. LeMieux. Tell me what you said and what he said. MR. CHASE: THE WITNESS: Object to form. The discussion was that I had I had
met with Ann Herberger at the breakers.
tried to bring on Gretchen Picotte who eventually resigned because of her dissatisfaction with Meredith interfering with her fundraising efforts. So George and I were discussing these issues. And he suggested to me that I take over fundraising for the Party and get a commission for it. And in the same discussion, I mentioned Delmar. He said, Delmar is a good -- a good man. I think that's what you and
Delmar will help you.
147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Delmar ought to consider doing. BY MR. LeBOEUF: Q So it is your testimony today that in your
driveway at your home on a cell phone conversation with George LeMieux discussing Republican Party fundraising, that Mr. LeMieux suggested that you and Delmar Johnson take over fundraising for the Party and that you should be paid for it. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay, it was his idea. MR. CHASE: THE WITNESS: Object to form. He was the first person who Object to form. Absolutely.
raised and made the suggestion. BY MR. LeBOEUF: Q occurred? A I don't know the exact date. During that Okay. And do you know what date this
period from the fall -MR. CHASE: THE WITNESS: Object to form, as well. In the fall of 2008, this was a
major discussion going back and forth between the Governor, Harry Sargeant, George LeMieux, Meredith O'Rourke.
148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q What was the major discussion? Was there a
dissatisfaction with her fundraising? A Yes. MR. CHASE: BY MR. LeBOEUF: Q And who was expressing a dissatisfaction? MR. CHASE: THE WITNESS: Governor. BY MR. LeBOEUF: Q Anybody else? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Do you know how much she raised in 2008? MR. CHASE: THE WITNESS: Object to form. I don't know what she raised Object to form. Myself. Object to form. Richard Swartz and the Object to form.
prior to -- well, prior to -- with the presidential election I assume she raised a lot in 2008, prior to November. BY MR. LeBOEUF: Q A Q Prior to November in 2008. Uh-huh. You don't know how much it was?
149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q It was over $6 million, wasn't it? MR. CHASE: BY MR. LeBOEUF: Q You can answer. MR. CHASE: I withdraw my motion to strike. Object to form. Move to strike. Object to form. No.
Object to the form. THE WITNESS: There was a distinction how
much she raised for the Victory program of RPOF and how much she raised to operate RPOF. There was great concern about what she was raising to operate and fund RPOF separate from what she was raising for the presidential victory fund. BY MR. LeBOEUF: Q Are there records reflecting what she raised? MR. CHASE: THE WITNESS: Object to form. I would assume that the finance
records put it all into one big pot. BY MR. LeBOEUF: Q Okay. Now, her contract for employment in
2008, she was paid a flat monthly rate, right? MR. CHASE: Object to form.
150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: that Meredith had. There were several contracts I believe in 2008, I don't
recall exactly what her compensation was, except that Richard Swartz was constantly stressed about having to pay her, her $30,000 a month. BY MR. LeBOEUF: Q But it is your testimony that the Governor,
George LeMieux, you, and Richard Swartz, as of November 2008, were all dissatisfied with Ms. O'Rourke's fundraising. MR. CHASE: BY MR. LeBOEUF: Q A Is that correct? There were a lot of issues besides just the Object to form.
fundraising number that caused concern and dissatisfaction with Meredith. Q Okay. We will get there in a minute, but I
just want to make sure I understand your testimony. Am I correct in understanding your testimony that Richard Swartz, you, Governor Crist, and George LeMieux had all expressed dissatisfaction with Ms. O'Rourke's fundraising in the latter part of 2008. MR. CHASE: BY MR. LeBOEUF: Q October, November, 2008? Object to form.
151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: Object to form. As it relates to fundraising to
operate the general party, yes. BY MR. LeBOEUF: Q Anything else in terms of complaints about
her as a fundraiser? A Yes. MR. CHASE: THE WITNESS: him all the time. with her. Object to form. Sorry.
The Governor said she bothered He didn't want to have to deal
He called her a crazy bitch.
He called me on several occasions and told me to stop letting that crazy bitch call him. there was constant drama and turmoil with Meredith. BY MR. LeBOEUF: Q For example? MR. CHASE: THE WITNESS: Object to form. She didn't show up to meetings She at times would tell And
when there were meetings.
us that the Governor had sent a major contribution to another source. I would ask the Governor. isn't true. She was, she would tell the staff that she He would say that
152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was sick or in the hospital. And then they would
see her out on Monroe Street walking at lunchtime. So there was just -- the last part of the year nobody wanted to deal with her anymore. BY MR. LeBOEUF: Q You are referring to 2008? MR. CHASE: THE WITNESS: Object to form. 2008. And I liked Meredith. I
mean, I really did.
But toward the end of year
the Governor had, had his fill of her. BY MR. LeBOEUF: Q Okay. Anything else in terms of drama or
complaints about her performance or fundraising at the end of 2008? MR. CHASE: THE WITNESS: Object to form. Meredith was not receptive to
changing or modifying or enhancing the way the Party raised money, which was a frustration on everyone's part. She didn't want to deal with the lower donor programs. She was not receptive to creating, I
forget, Al Austin was constantly calling me about why don't we have the programs we used to have in fundraising. When I approached Meredith about that,
153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she just, she was not interested in going back to those programs or giving any attention to those programs. BY MR. LeBOEUF: Q A Q A And that name was Al Austin? Al Austin. A-U-S-T-I-N? Uh-huh. MR. CHASE: BY MR. LeBOEUF: Q What was his position? MR. CHASE: THE WITNESS: Object to form. He was the former Finance Object to form. I thought they were very important.
Chairman for the Republican Party of Florida. BY MR. LeBOEUF: Q And can you give me an example of the
programs or events that she didn't support? MR. CHASE: THE WITNESS: Object to form. The Party had had a history of
having five-hundred dollar levels, one-thousand dollar levels, one-hundred dollar levels, where they would get pens and cufflinks and things of that nature. I tried to -- not regenerate, but I tried to get those programs going again. I would have
154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 meetings. Meredith would not show up. I would be
dealing with her staff instead of her. I would plan to put together what we are going to do with these programs, how we are going to reach out, based in part on the fact that Al Austin was right, we needed to recreate those programs again. But she only wanted to deal with
major donors, home environments, where it was her, the Governor and major donors. She did not want
to deal with the smaller donors of the Party. BY MR. LeBOEUF: Q So it is fair to say that you were frustrated
with Ms. O'Rourke because she was not following Mr. Austin's suggestions or your suggestions with regard to pursuit of smaller donors? MR. CHASE: Object to form. That and she was not interested
THE WITNESS:
in having a calendar of events, which I thought would be a good idea. She, she liked to do these
scheduled events in two weeks, focus on that event and not really do a lot of planning for events after that. BY MR. LeBOEUF: Q Okay. Did you express this frustration, your
frustration with Mrs. O'Rourke to Mr. LeMieux and to
155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Governor? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q So you felt that it was appropriate to make a Object to form. All the time.
change and to have the fundraising handled by someone other than Ms. O'Rourke? MR. CHASE: THE WITNESS: Object to form. By the time it had reached a
point toward the end of 2008 the Governor made the decision. Governor. She had a unique relationship with the And I could not terminate her contract.
And I knew that, without the Governor's direction and approval. BY MR. LeBOEUF: Q But you were frustrated with her You knew you couldn't terminate her
relationship.
contract, but you made the Governor aware of the problems you were having with her, and how she wasn't doing what you wanted her to do about fundraising; right? MR. CHASE: THE WITNESS: me aware. BY MR. LeBOEUF: Object to form. No, actually the Governor made
156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Well, you just told me that you had these
issues with her regarding smaller donors, organization, all the things you talked about and you communicated those frustrations to the Governor and to the Lieutenant Governor, right? MR. CHASE: THE WITNESS: but the Governor. BY MR. LeBOEUF: Q Okay, and to the Chief of Staff. MR. CHASE: THE WITNESS: work through it. Object to form. Yes, but I thought we could I was trying because I But it was reaching Object to form. Not the Lieutenant Governor,
personally liked Meredith.
the point where the Governor, toward the end of 2008, was calling me wanting -- telling me to keep her away from him. She, she had a habit of calling everybody. She would call Harry Sargeant. George LeMieux. She would call He
She called the Governor.
wouldn't take her calls.
He would call me and
say, why is the bitch calling me, is the term he used. And you know, at one point in time I kind of felt like I was just going to throw my hands up
157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because she wasn't bringing in the amount of money that was necessary to fund the Party. Because she It
was always saying it is going somewhere else. is going to the House. It is going to Victory.
It is going to the Senate.
And I would have a hundred-thousand-dollar check coming in that was supposed to fund the general Party. come in. She would tell me, oh, it didn't
It is going somewhere else. I would say,
So I would call the Governor.
Governor, I understand you directed Meredith to move that hundred thousand dollars over here. said, I never told her that, she is lying. So by the end of 2008, everybody in that circle was telling me it is time to replace her and bite the bullet. BY MR. LeBOEUF: Q And by that circle, just to make sure I He
understand what you are talking about, you are talking about the Governor, George LeMieux and Harry Sargeant. A And Harry Sargeant. MR. CHASE: BY MR. LeBOEUF: Q What was Harry Sargeant's role or authority Object to the form.
in any of this?
158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHASE: THE WITNESS: Object to form. He was the Statewide Finance
Chairman and a member of the Executive Board. BY MR. LeBOEUF: Q Anybody else? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. So that is the backdrop then I guess Object to form. No.
for this discussion that you say you had with Mr. LeMieux in your parking lot on the phone? A Q Driveway. Driveway, I'm sorry, driveway on the phone? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q In that conversation, it is your testimony Object to form. Yes.
that George LeMieux came up with the idea that you and Delmar should take over fundraising from Ms. O'Rourke, and that you should be paid a commission for that fundraising activity; is that right? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q He suggested it? Object to form. It was a suggestion.
159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. MR. CHASE: BY MR. LeBOEUF: Q And you are sure it was his suggestion and Object to form.
his idea and not yours? MR. CHASE: THE WITNESS: suggestion. BY MR. LeBOEUF: Q Okay. And the only people who were a party Object to form. Initially it was his
to that conversation were you and Mr. LeMieux? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. Tell me what step was taken next for Object to form. Yes.
you to move forward with fundraising responsibilities for RPOF? MR. CHASE: THE WITNESS: Object to form. Well, I didn't initially do I continued to try and
anything relating to it.
find over that period of time -- it wasn't like he told me something on Monday, I decided to implement his idea on Tuesday. I went out, finally got permission to meet with Ann Herberger. They didn't want me to meet
160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Beach. with Ann Herberger because she was a Jeb Bush person. Every time I would suggest that we go meet with Ann Herberger I would get shot down. BY MR. LeBOEUF: Q A By who? By the Governor and George LeMieux. MR. CHASE: BY MR. LeBOEUF: Q A Go ahead. They didn't want any of the Jeb Bush people The first time I brought it But I Object to form.
involved with RPOF at all.
up, you could have heard a pin drop in the room.
thought she had been successful and she might be the alternative. I met with her during a meeting in Palm Had lunch with her. During that discussion,
two or three times she asked me, well, what role is Meredith going to play, what role is Meredith going to play. I talked very highly of Meredith. is still going to be involved. I said she
Every time I would say
to any potential fundraiser she will still be involved, the conversation went south. Q So it is your testimony that Ms. Herberger
161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was not interested in taking over fundraising for RPOF if Ms. O'Rourke was still involved? MR. CHASE: THE WITNESS: Object to form. I don't know the ultimate
reason why she declined the position. BY MR. LeBOEUF: Q You said that the conversation went south.
What do you mean by that? MR. CHASE: THE WITNESS: Object to form. Once any potential fundraiser
heard that Meredith was not completely out of the picture, I couldn't, it just, you know, that was a question that was consistently asked anytime I interviewed or sat down and talked to a fundraiser. So common sense would dictate if it is a subject matter that keeps coming up, it is a concern. BY MR. LeBOEUF: Q So is Ms. Herberger the first person you
talked to after your discussion with Mr. LeMieux in your driveway? MR. CHASE: THE WITNESS: first. Object to form. I don't remember if she was the
I talked to several.
162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. LeBOEUF: Q Okay. This would have all been in October,
November of 2008 or later? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Okay. Who else did you talk to? Object to form. I don't recall.
Well, I talked to a woman who was a
Washington, DC -MR. CHASE: THE WITNESS: Object to form. Sorry.
I talked to a woman who was a
Washington, DC fundraiser that I had heard through the grapevine might be interested in the position. I don't recall her name. But in my conversation with her, she said she had worked with Meredith in Washington and Meredith was a cutthroat. that term. I remember she used
Would cut the legs out from under you.
And Meredith had had problems in some other organization she raised money for among other fundraisers, and she just didn't want anything to do with it if Meredith was still going to be involved. BY MR. LeBOEUF: Q When was that conversation? And then I met --
163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That was -MR. CHASE: THE WITNESS: 2008. BY MR. LeBOEUF: Q Okay. Where was it? Object to form. It was on the phone. Object to form. That was the latter part of
MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q A Okay.
Do you remember if you called her? I can't recall --
Somebody gave me her name. MR. CHASE: THE WITNESS:
Object to form. -- the person's name.
BY MR. LeBOEUF: Q Anybody else you had a discussion with? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q When was that? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q What was your conversation with her? MR. CHASE: Object to form. She was going to become a Object to form. In that time frame. Object to form. Gretchen Picotte.
THE WITNESS:
164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 central Florida fundraiser and handle people that had either donated prior to or kind of stopped donating or lower donor people, too. And I believe, but I'm not sure, that we actually entered into an agreement with her. think I printed off one of the fundraising agreements that we used prior. And I believe I met with Gretchen. been Mayor Giuliani's person, I believe. done a very good job. person. She had She had I
She is a very likeable I brought
Everybody seemed to like her.
her on board. Meredith didn't like it. I asked Meredith to
provide Gretchen lists of everybody who had donated in the past or any lower level donors. And for an extended period of time, Gretchen would call, Meredith is not turning the list over, Meredith is not returning my phone calls. You
know, then Gretchen would call me and say, are you sure this is going to work. idea is going to work. And I would say, yeah, Meredith is on board. You know, I would try and make it seem not really what was going on. board. But, yes, Meredith is on She has been ill. Are you sure this
She is very supportive.
165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 She has been out. Then finally Gretchen told us that she couldn't do the job the way it was occurring. she just faded off and went away. And
As a matter of
fact I asked one time, is Gretchen still working for us. They said no, she had left.
BY MR. LeBOEUF: Q Okay. She had a written contract? Object to form. I'm not sure, but I think so.
MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q
Do you remember any of the terms of it?
Was
she paid on a monthly basis? MR. CHASE: THE WITNESS: Object to form. I think I tried to negotiate
with her a flat monthly fee, a lower flat fee, but a higher commission. BY MR. LeBOEUF: Q And when you say lower flat fee and higher
commission, what are you comparing it to? A Meredith's. MR. CHASE: BY MR. LeBOEUF: Q So it is your opinion that in 2007, 2008, Object to form.
Meredith O'Rourke's compensation agreement was for a
166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 flat fee plus commission? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q You don't recall the specifics of the Object to form. I don't recall.
agreement with Ms. Picotte? MR. CHASE: THE WITNESS: monthly fee. Object to form. I believe that it was a lower
And I think I tried, I tried to move I tried to get her to
Meredith to this, too.
accept the fact that if she took a higher commission and a lower monthly fee, she could potentially make more money. As a matter of fact, Harry Sargeant told me he told her that. But she would not, any
modifications to contracts were not generally well received. But with Gretchen, she was very receptive. mean, she is very pleasant to deal with. I
I think
we paid her a monthly fee and a higher commission or a commission. BY MR. LeBOEUF: Q Do you remember what the monthly fee or
commission was? MR. CHASE: Object to form.
167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: BY MR. LeBOEUF: Q Anybody else you spoke with? MR. CHASE: there. THE WITNESS: Yes, Jill Williams. Object to form. Food is out I don't. I don't.
(Discussion off the record.) BY MR. LeBOEUF: Q A Q I'm assuming there aren't a lot more. Huh? I'm assuming there aren't a lot more people
you talked with. MR. CHASE: BY MR. LeBOEUF: Q A Is that correct? I believe there is one other person, but I Object to form.
can't recall who it was right now. Q That would qualify as not a lot more. So
Jill Williams, tell me about that conversation. MR. CHASE: THE WITNESS: Object to form. She was a fundraiser. I think
she raised money for the House. I can't recall.
Maybe the Senate.
But there is this period of time
that people were trying to help me in this area, and someone recommended Jill Williams.
168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I believe Jill Williams came in to see me in the office and met with me; because I recall her, I believe, sitting on the couch and I was sitting on the other couch and talking to her about doing fundraising. And we had a pleasant meeting. I tried to
make it sound as pleasant as possible, you know. Going to be a good working condition, even though I knew it wasn't really going to be. And later on I heard that -- I believe she might have sent me an e-mail. I believe she might I'm
have sent me an e-mail or maybe called me. not really sure.
But she didn't give any reason,
she just declined the position. BY MR. LeBOEUF: Q that? MR. CHASE: THE WITNESS: Object to form. In my office. It was almost Everybody You said you met on the couch. Where was
like Lincoln going to the play.
declined to go to the play with me. BY MR. LeBOEUF: Q Okay. And there was one other person you
spoke with? A Yes.
169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A You can't remember who it was. I can't remember who it was. MR. CHASE: BY MR. LeBOEUF: Q That person also turned you down? MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Was anybody else doing interviews or seeking Object to form. Yes. Object to form.
a replacement for Ms. O'Rourke, other than you? MR. CHASE: THE WITNESS: Object to form. I think, I think George LeMieux
and Sargeant had feelers out. BY MR. LeBOEUF: Q But everybody was vetted through you? MR. CHASE: THE WITNESS: Object to form. Well, I was, I was the one that
they would say you ought to talk to this person. You sought to talk to that person. BY MR. LeBOEUF: Q So the person who handled the interviews for
perspective replacements to Meredith O'Rourke was always you? MR. CHASE: THE WITNESS: Object to form. No. I think Delmar talked to
170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 people, too. Because he would, he would raise
names with me or suggest that or say he talked to someone. Because he had a much better communication network with people out there in the political world in that area. He worked with them. And you know, the only one that I remember that I really was a strong advocate for that didn't follow, didn't go through, was Ann Herberger. BY MR. LeBOEUF: Q But the only people who interviewed Because he knew all of them.
perspective replacements for Meredith O'Rourke as a fundraiser for RPOF were either you or Delmar Johnson. MR. CHASE: THE WITNESS: BY MR. LeBOEUF: Q Okay. And the results of those interviews Object to form. Formal interviews, yes.
and the refusal by these perspective fundraisers from taking over that position was communicated by you to the Governor or Mr. LeMieux? MR. CHASE: THE WITNESS: Object to form. Well, I may not have been the
person that was always told directly they don't
171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 want the position. I would hear it either second
hand -- I would say the one that told me directly was the person in DC, and Ann Herberger. BY MR. LeBOEUF: Q Okay. But the people who were having the
communications with these perspective fundraisers to see whether or not they would be interested in taking the positions were you or Mr. Johnson. MR. CHASE: THE WITNESS: MR. LeBOEUF: Object to form. Formally, yes. Okay. We can take that as a
breaking point because it is a good spot before we go into the next category. MR. CHASE: Good.
(A recess was taken for lunch at 12:23 p.m. This concludes Volume 1 of the deposition of James Greer taken 5/24/12.)
172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
____________________________ PEGGY L. OWENS Registered Professional Reporter Registered Merit Reporter I, PEGGY L. OWENS, Registered Professional Reporter, at Tallahassee, Florida, do hereby certify as follows: STATE OF FLORIDA COUNTY OF LEON C E R T I F I C A T E
That I correctly reported in shorthand the foregoing proceedings at the time and place stated in the caption hereof: That I later reduced my shorthand notes by computer-aided transcription, or under my supervision, and that the foregoing pages 1 through 171 both inclusive, contain a full, true, and correct transcript of the proceedings on said occasion: That I am neither of kin, nor of counsel, to any parties involved, nor am I financially interested in this action.
THIS the 3rd day of June, 2012.
173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _________________________________________ PEGGY L. OWENS, Registered Professional Reporter Notary Public - State of Florida My Commission No. EE 88005 Expires: 8-23-15 I, Peggy L. Owens, Registered Professional Reporter, Notary Public, State of Florida, certify that JAMES A. GREER personally appeared before me on the 24th day of May, 2012, and was duly sworn. Signed this 3rd day of June, 2012. STATE OF FLORIDA
COUNTY OF LEON
CERTIFICATE OF OATH
174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
__________ DATE ___________________________ SIGNATURE OF DEPONENT UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ MY DEPOSITION AND THAT IT IS TRUE AND CORRECT SUBJECT TO ANY CHANGES IN FORM OR SUBSTANCE ENTERED HERE. Page / Line ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ Correction ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ VOLUME 1 ERRATA PAGE* Corrections to the deposition of JAMES A. GREER, taken in the case of Greer v. RPOF, HARIDOPOLOS & THRASHER on 5/24/12.
*(PLEASE RETURN THE ORIGINAL OF THIS SHEET TO MR. LeBOEUF WITH A COPY TO MR. DOBSON & MR. SUKHIA BY 7/15/12. DO NOT SEND A COPY TO THE REPORTER .)

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Jim Greer Deposition Transcript Part 1

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COMMENCING: DEPOSITION OF: vs. JAMES GREER, Plaintiff,

CASE NO. 2012-CA-0962

TAKEN AT THE INSTANCE OF: DATE TAKEN: LOCATION:

18 19 20 21 22 23 24 25 PEGGY OWENS & ASSOCIATES (850)222-6010

Sir, would you please state your full name

for the record.

Social Security number? (Discussion off the record.) BY MR. LeBOEUF:

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before? A Q A Yes. Okay. When and why?

In 2005, it was an employment matter between

question that you've understood them? A Yes.

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q It is also important -- and you are doing a

foundational questions. A Q A Q arrested? A Q Yes. Yes. Okay.

When and why?

reduced or changed -MR. CHASE: Object to form. I don't recall.

THE WITNESS: BY MR. LeBOEUF: Q A Q

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Not that I recall. Now, just to be fair to you, you indicated

companies were involved? A I believe about 10 years ago there was a

companies? A Q Not that I recall. Okay. Not that I recall.

employment background. is go backwards. A Q Okay.

January 2007, when you were elected as

employment immediately before that? A I was president of Regulatory Compliance

I founded the company in 1984.

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. When you say founded the company, what

I changed the name.

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What essentially, in summary, did the

corporation do? A Regulatory training for the hospitality

Restaurant Association for that sale? A Carol Dover. Generally.

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. So in the last two years of operation,

approximately? A Q About 25 full. Okay. And did you actually do the

that company? A I think Harry Purnell. He was a partner in

Restaurant Association. Q It was all part of the same transaction with

the sale of Regulatory Compliance? A Q A Q A Q Yes. Yes.

And I was elected deputy mayor in 2006.

been reelected deputy mayor in 2007 when I became

16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chairman. So 2000, 2006 and 2007 was a reelection each

city commission? A 2005, I believe. 2004 -- I'm trying to --

17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When you became the Chairman of RPOF in 2007, Tell me

In November of 2006, when Charlie asked me to In

I'm a little confused because you told

Actually, I was reelected in November of '06, It wasn't '07. It was

so it was a month before.

18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two-year term? A Q Uh-huh. Yes. So we've covered all of the

position by Governor Bush? A I believe it was in September of '06, because

appointment had taken place. first meeting. Q Okay.

Any other positions you held,

was a franchise. Q So you were only involved with the

Tallahassee franchise? A Q A Yes. You had other partners? Yes.

beginning? A Q No. When I mean the franchise, I'm talking about

little bit and deal with that.

How long have you lived in

Tallahassee. Q A Where? I rented a home in Killearn. Then I

THE WITNESS: BY MR. LeBOEUF: Q A Q A

MR. LeBOEUF: MR. CHASE: BY MR. LeBOEUF:

25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And can we agree -- well, what's your What

THE WITNESS: to me that -BY MR. LeBOEUF: Q

Checks and balances would mean

Let me help you.

Can we agree that financial

THE WITNESS: BY MR. LeBOEUF: Q Okay.

What do you disagree about that

statement? MR. CHASE: Object to form. Majority ownership or executive