REPORT OF INVESTIGATION Complaint Number 18-001 NOTICE CONCERNING CONFIDENTIALITY ‘This report of investigation concerns an alleged violation of Chapter 112, Part Ill, Florida Statutes, or other breach of public trust under provisions of Article I, Section 8, Florida Constitution. The Report and any exhibits may be confidential (exempt from the public records law) pursuant to Section 112.324, Florida Statutes, and Chapter 34-5, F.A.C., the rules of the Commission on Ethics. Unless the Respondent has waived the confidentiality in writing, this report will remain confidential until one of the following occurs: (1) the complaint is dismissed by the Commission; (2) the Commission finds sufficient evidence to order a public hearing; or (3) the Commission orders a public report as a final disposition of the matter.STATE OF FLORIDA COMMISSION ON ETHICS Post Office Drawer 15709 Tallahassee, Florida 32317-5709 REPORT OF INVESTIGATION TITLE: DAVID STEWART Mayor Lantana, Florida COMPLAINT NO.: 18-001 Exhibits A and B INVESTIGATED BY: fil Kathleen Mann Distribution: Commission on Ethics Respondent Advocate File Releasing Authority: Ka Leuba > 5 Executive Director xf DateREPORT OF INVESTIGATION COMPLAINT NO. 18-001 (1) The Complainant, Catherine Padilla of Lantana, alleges that David Stewart, Town Council Member and Mayor of Lantana, told her that if she engaged in sexual activity with him, he would ensure the Town's addition of traffic-calming speed humps to a street in her neighborhood, a project for which the Complainant had circulated a petition and presented a request to the Town Council. Ms. Padilla further alleges that, after she refused to comply with his request for sex and did not thank him for the unanimous approval of the speed humps, the Respondent told her that he would ensure the removal of the speed humps. (2) Additionally, an amendment to the complaint alleges that the Respondent, upon leaming of the complaint against him, went to the Complainant's residence uninvited. Appearing angry, he knocked on the door and shook the doorknob. He eventually returned to his vehicle and the Complainant called 911 for police assistance. (3) The Executive Director of the Commission on Ethics noted that based upon the information provided in the complaint, the above-referenced allegations were sufficient to warrant a preliminary investigation to determine whether the Respondent's actions violated Sections 112.313Q), Florida Statutes (Solicitation or Acceptance of Gifts), and 112.313(6), Florida Statutes (Misuse of Public Position). (4) The Complainant stated via telephone that during the time the alleged events occurred, she was in the process of petitioning the Town of Lantana for traffic-calming cushions in her neighborhood. According to Ms. Padilla, she has been acquainted with the Mayor for many years through community service work at the local Kiwanis Club. One aftemoon, she was invited to lunch by Mayor Stewart.' Ms. Padilla stated that Mayor Stewart picked her up at her home, and they drove in his work vehicle to Flanigan's Seafood Bar and Grill in Lake Worth. The Complainant alleged that during lunch Mayor Stewart was flirtatious, and suggested Ms. Padilla have sex with him in exchange for expediting the installation of the traffic-calming cushions in her neighborhood. Ms. Padilla explained that she did not think Mayor Stewart was serious until after lunch, when he drove to a motel parking lot and intimated that it would be relaxing to go into the motel together.* According to Ms. Padilla, Mayor Stewart wanted to occupy a room with her, and she said, "No, definitely not." She reported that Mayor Stewart got out of his vehicle and proceeded to coax her to follow him into the motel. She said that she motioned to him she was not interested, and stayed in the vehicle. (5) The Complainant asserted that Mayor Stewart continued to call her on the telephone, suggesting they should have sex, and that if she agreed, he would ensure her neighborhood ‘was granted speed humps. She maintains that she told him "no thanks.” Ms, Padilla said she continued her efforts to get the speed humps approved by obtaining the required number of signatures in her neighborhood and submitting the necessary paperwork to the Town Hall. "The Complainant could not recall the exact date in 2015 that she and Mayor Stewart had lunch together. 2 The Complainant said she could not recall the name of the motel to which Mayor Stewart allegedly drove, ‘because atthe time the alleged event occurred, the motel signs were not visible,Ms, Padilla alleged that on the morning of August 10, 2015, she received a call from Mayor Stewart, telling her that it was not too late to go to a motel and have sex with him, and in return, he would ensure the installation of speed humps in her neighborhood. She said she again refused his offer and told him that she would take her chances. The same day, at the Town Council meeting, the speed humps were unanimously approved with the Respondent voting in favor of the motion.? ‘The following day, Ms. Padilla said, she received a call from Mayor Stewart asking her if she was going to thank him, to which she replied, "For what?" Ms. Padilla stated that he said, "For granting you the speed humps." Ms. Padilla stated that when she told him she did it all by herself, he became "belligerent," and threatened to remove the speed humps. However, the Complainant indicated that the speed humps are still in place on the street in her neighborhood. (©The Complainant further alleges that after Mayor Stewart leaned of this instant Ethics complaint filed against him, he came to the Complainant's house and tried to intimidate her by forcefully rattling the doorknob. She said she locked the doors and closed the blinds, but could still see him through her window. She said no words were exchanged, and he walked back to his vehicle.* (7) Lantana Town Manager Debbie Manzo stated via telephone that Ms. Padilla came to see her at Town Hall on December 5, 2017, and told her what had transpired between her (Padilla) and Mayor Stewart, concerning his sexual advances. Ms. Manzo said she has not heard of any similar incidents or complaints involving the Mayor. Ms. Manzo confirmed that ‘Ms. Padilla's neighborhood received traffic-calming cushions on September 1, 2015. She advised, these particular traffic-calming cushions are rubberized and typically are used temporarily until further analyses are conducted by the city. However, she said that sometimes they are left in place permanently. Ms. Manzo asserted that Mayor Stewart never asked nor interfered in the process of granting and/or installing traffic-calming measures in the Complainant's neighborhood. She explained that no individual Council member has unilateral control over decisions of the Town government; and Town Couneil members can make various requests from her, and if Ms. Manzo agrees with those requests, she can take appropriate action as Town Manager if itis correct to do so. (8) _ David Brinkley of Lantana reported that he is an acquaintance of the Complainant, that they have been to dinner on a couple of occasions, and that they have a mutual interest in various community projects. He said that in or around February, 2018, he had a conversation with the Complainant wherein Ms. Padilla told him that there was going to be an article written in the Palm Beach Post about a complaint she filed against Mayor Stewart. Mr. Brinkley stated that Ms. Padilla asked him if he remembered their conversation prior to the August 10, 2015, town meeting. Mr. Brinkley recalled that when Ms. Padilla came to his house so they could ride to the town meeting together, she asked him for a glass of wine in order to calm herself down. He stated that Ms. Padilla told him during the February 2018 conversation that she had asked for the wine because the day leading up to the town meeting, Mayor Stewart telephoned her and asked her for sexual favors in exchange for granting speed ® Meeting minutes are attached as composite Exhibit A, pages Al and A2. + Complainant fled a police report with the Lantana Police Department, the contents of which are attached to the amended Complaint as pages A3 through A9.‘humps in her neighborhood. Mr. Brinkley said he remembered thinking at the time, it was out of the ordinary for Ms. Padilla to ask for some wine because normally, she did not drink alcohol. Mr. Brinkley stated that the only information Ms. Padilla shared with him on August 10, 2015, was that she had a lot of things going on and that she could not elaborate. (9) Kem Mason of Lantana stated via telephone that he is a retired firefighter and has been an acquaintance of the Complainant for approximately 15 years. Occasionally, he sees Ms. Padilla around town, and explained that he crossed paths with her at the grocery store in or around November, 2017. He said that Ms. Padilla told him what had allegedly been going on with Mayor Stewart, and that Mayor Stewart had asked her for sexual favors in exchange for installing speed humps in her neighborhood. (10) The Respondent stated he has been the Mayor of Lantana for 19 years, and also works in sales for an air conditioning contractor. Mayor Stewart said he has been friends with the Complainant through the Kiwanis Club for the past ten years. Mayor Stewart maintains that at the Kiwanis Club everyone jokes around, "that's how you kept your sanity." The Respondent said during the course of his friendship with the Complainant, they often talked on the phone, and occasionally texted each other. He said he would check-in with her every couple of days. Regarding the complaint Ms. Padilla filed against him, he stated, "I think someone is trying to encourage her to do it." He said, "I don't think that this was her idea. (11) Mayor Stewart stated that he and Complainant met for lunch only once in ten years. He recalled that he, Ms. Padilla, and another woman, Mary LaCorazza, went to either ‘Applebee's or Friday's in Boynton Beach, and they drove to and departed from the restaurant in separate vehicles. He said they went to lunch because both women wanted to thank him for resolving a trash collection issue. (12) _ The Complainant confirmed that she had lunch at Applebee's with Mayor Stewart and Mary LaCorazza. However, she claimed that was not the lunch to which she is referring with regard to the allegations contained in her instant charge with the Ethics Commission. (13) Pastor Michael DeBehnke stated via telephone that he greeted the Complianant and Mayor Stewart at Flanigan's Seafood Bar and Grill, while Ms. Padilla and Mayor Stewart were sitting down at a table having lunch. Pastor DeBehnke said that Ms. Padilla introduced everyone, and referred to the Respondent as the Mayor of Lantana. They exchanged pleasantries and Pastor DeBehnke and his son exited the restaurant, Pastor DeBehnke could not recall the date of this encounter. The Affidavit of Pastor DeBehnke is appended as composite Exhibit B, pages B1 and B2.5 (14) Mayor Stewart asserted he never drove to a motel with the Complainant, nor did he ask for sex in return for guaranteeing the installation of traffic-calming cushions in her neighborhood. Furthermore, he said that in all of his years in City Government he has never asked for anything in exchange for a vote. Mayor Stewart asserted that he talked with the Complainant so many times on the telephone that he cannot recall any specific conversations. 5 Inhis Affidavit, Pastor DeBehnke refers to the Complainant using her maiden name, Cathy Phillips.He said that he might have talked to the Complainant on August 10, 2015, to let her know that the town meeting was taking place that evening, and he also may have talked to her on the telephone on August 11, 2015, after the town meeting, to tell her how he made an effort to get another town council member to vote to approve the traffic-calming cushions. Mayor Stewart advised that Lantana is a Manager-Council form of government and he is a firm believer that elected officials should not direct the Town staff. He said the Council members’ contact person is the Town Manager, and that all business goes through the Town Manager. (15) __ The Respondent acknowledged that he went to Ms. Padilla's house after learning that she filed this ethics complaint, to ask her why she filed the complaint against him. He stated he walked to the door and knocked, but when he saw her close the window blinds and lock the door, he walked back to his vehicle and left. He denies touching the door knob or trying to intimidate her. END OF REPORT OF PRELIMINARY INVESTIGATIONTown Manager Report ‘Town Manager Manzo said she received a letter from Florida East Coast Railway (FEC) notifying the Town that they plan to perform maintenance on the Pine Street grade crossing beginning August 14, 2015. She then read excerpts from a letter sent to the editor of the Coastal Star this month commending employees of the Town's Utilities Department for the time and effort put forth to ensure ‘water was restored to the many elderly residents of View Street. “a, Consideration of request for Site Plan approval for Acorn Storage, a Passive Warehouse on the property located at 420 North 4th Street. (Case #SP15-0005) ‘Mayor Stewart introduced and explained this item on the agenda. He asked Council for disclosures ‘and there were none. Mayor Stewart disclosed that he talked to the Town Manager and a couple of residents. Town Attorney Lohman swore in three individuals for comment. David Thateher, Development Services Director, commented and answered questions from Council followed by comments from Ken Carlson, Architect for the project and David Fahmie, Applicant. There was Council discussion. Ken Carlson, Architect, commented and answered questions from Council. 7 Vice Mayor Balfour made a motion to approve the Site Plan for Acorn Storage which shall be located at 420 N. 4" Street, in the C2 Commercial zoning district. Councilmember Deringer seconded the motion. Motion passed 4-0. b. Consideration of traffic calming on 13° Street. Mayor Stewart introduced and explained this item on the agenda and asked Council for disclosures. ‘Councilmember Deringer said that he used to live in the area and is very familiar with the area, ‘Mayor Stewart disclosed that he spoke with Cathy Padilla, Mary Genova, the Town Manager and a few residents. David Thatcher, Development Services Director, explained the agenda item and answered questions from Council ‘There was Council discussion. David Thatcher, Development Services Director, commented and answered questions from Council, ‘Afterwards there were comments from Adrian Metheny, 102 N. 13° St, Chris Gerner, 1303 W. Palm St., Cathy Padilla, 139 N. 13° St., Mary Lacorazza-Genova, 1232 W. Ocean Ave., David Brinkley, 1231 W. Pine St, Brian Blankenship, 120 N. 13" St. ‘Mayor Stewart closed the public portion of the meeting and there was Council discussion followed by comments from Chief Sean Seheller, Lantana Police. AlCouncilmember Aridas made a motion to approve the installation of two (2) and up to four (4) ‘temporary speed cushions per staff recommendation. ‘Vice Mayor Balfour seconded the motion. Motion passed 4-0. Consideration of a lease agreement with Mario’s on Ocean for the 3rd Street parking lot. ‘Mayor Stewart introduced and explained this item on the agenda and asked Council for disclosures, ‘Vice Mavor Balfour said he is a customer there. Councilmember Deringer said he has eaten there ‘and suggested looking for employee parking. Mayor Stewart disclosed that he spoke to David Arm, Stanley Gundlach and the Town Manager. Dayid Arm, President of the Greater Lantana Chamber of Commerce commented on the agenda item. David Thatcher, Development Services Director, clarified the addition of sales tax to the quarterly lease payment. Mayor Stewart asked about payment of property taxes. Town Attorney Lohman explained that the payment of sales tax and property taxes are provisions in the lease agreement. There was Council discussion. David Thatcher, Development Services Director provided further information and answered Council questions. Couneilmember Aridas inquired as to whether there ‘was any type of security deposit required. Town Attorney Lohman explained the insurance requirements of the lease agreement and David Thatcher, Development Services Director added that the quarterly lease payments will be paid in advance. There were comments from Henry Olmino, ‘owner of Mario’s Restaurant, and Chief Sean Scheller, Lantana Police. Councilmember Deringer made a motion to epprove the lease agreement with Mario's Ocean Ave. for the Third Street parking lot and authorize the Town Manager to execute the agreement and any amendments thereto. ‘Councilmember Aridas seconded the motion and thanked Mr. Olmino for working with the Town. Motion passed 4-0. Consideration of a request to waive Lantana Recreation Center rental fees for the Greater Lantana Chamber of Commerce's 22nd Annual Lantana Fishing Derby. ‘Mayor Stewart introduced and explained this item on the agenda. David Arm, President of the Greater Lantana Chamber of Commerce and Executive Director, Lynn ‘Smith, commented on the agenda item. ‘There was Council discussion. Mayor Stewart asked that the Chamber ensure the activities benefit the Town’s children and residents. Counciimember Deringer made 1 motion to approve the Greater Lantana Chamber of Commerce's use of the Lantana Recreation Center for the 22" Annual Lantana Fishing Derby held from May 12- May 15, 2016 at no charge. Councilmember Aridas seconded the motion. Motion passed 4-0. Aapus-15. ir 18 18:22 FROM:ROYAL MART 5615820622 To:85e4883077 PvE Attention - Kathleen Mann Faith Family Church “Connecting People To Chist Trough Community August 15, 2018 To Whom It May Concern, |, Michael DeBehnke would like to submit my statement of events from approximately 3 yeors age concerning my meeting of Cathy Phillips and the mayor of Lantana Florida. My son and I were having lunch at Flonnigan's restaurant at 2401 10% Ave N. Lake Worth, Fl 32461. We completed our lunch and as we were gelng to leave the restaurant we walked by a table with Cathy Phillips and another man who | did not recognize. | knew Cathy through her son Stephen who attended the church that | pastor, Faith Family Church in Greenacres FL and | greeted Cathy. She then Introduced me to the man sitfing at the table with her as the Mayor of Lantana, We exchanged pleasantries and I went on my way. These are the events according to my recollection of the encounter. My contact information is 561 601-5620. 97 Pastor Mike DeBehnke BlAUS-15-2018 18:03 FROM:ROVAL MART se15e20622 To:9504883077 P22 Attention: Kathleen Mann FLORIDA SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT FS. 696,25 F605 25 nsanncocneneacooceeer cece <-4ss ci gho rare No eeuet county ot dln ead Peauste” 2218. » Mees, 9, Debelluke ‘Wane ma an Q,Debel who 1 polcenally bye nd to me er whe has produce wy ene Type ef iaentic ion eDseen BAPTISTE % worary Pani Stal of lei ‘Commission # FF 288598 say Cone, Exp 13,2018 Place Notary Seal Stamp Above Notary Publ: Stal OprionaL Though this section fs optional, compe ‘r fraudulent reattach ing this information can eleter ates. ste cf tne document of thn Fm Yo Me envnteneee es mart Cescrition of Altached Document Tile ortype ot Cocompens. ALi anit = osainonoae. 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