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STATE ATTORN Ev's OFFICE

FOURTH .JUDICIAL CIRCUIT OF' FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


STATE ATTORNEY JACKSONVILLE, FLORIDA 32202
(904) 255-3002
MWNELSON@COJ,NET

February 11, 2019

Lisa Green
Office of Inspector General
231 E. Forsyth St., Ste. 470
Jacksonville, FL 32202

Re: Criminal investigation into potential Florida Sunshine Law violations

Dear Inspector Green:

We have concluded our criminal investigation into the alleged Florida Sunshine Law violations that
were reported to our respective offices on February 28, 2018. Our investigation produced insufficient
admissible evidence to support criminal charges against any subject at this time. We are, therefore,
closing our file.

I am providing a copy of our closing memorandum and our summary investigative memorandum.
Both are self-explanatory. Although we are closing our investigation without prosecution, the records
and reports we obtained and generated during our investigation are available for your office's use, if
needed.

It has been a pleasure working with your Office on this matter, and we very much appreciate all of the
dedication and assistance that your Office provided with this important matter. Should you have any
questions, please do not hesitate to cpntact me or our lead :µivestigator on this matter, Tim Adams.

Mac . eavener, III


Chief Assistant State Attorney

Enclosures
State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigators Adams and Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 02/11/19

I. Initiation of Investigation

Captioned investigation 1 was initiated based on information provided by the City of Jacksonville
(COJ) Mayor's Office and the COJ Office of the Inspector General (OIG) related to possible
violations of Florida's Government-in-the-Sunshine Law, Florida Statutes, Chapter 286 (hereafter
"Sunshine Law"). This information included an allegation related to a COJ City Council Member
purportedly offering to deliver a block of votes for City Council President.

The initial telephone record2 analysis conducted by the COJ OIG indicated possible Sunshine
Law violations involving COJ City Council Members. Specifically, in May of 2018, the COJ OIG
provided preliminary findings of telephone record analysis which identified substantial telephonic
contact between City Council Members Garrett Dennis and Anna Lopez Brosche. Additionally, the
telephone record analysis was compared with the dates and times of City Council meetings for
the relevant period of time (See Below). The preliminary findings by the COJ OIG included a
possible correlation between contacts and significant City Council meetings or hearings.

II. Telephone Record Analysis

The initial allegations were received by the State Attorney's


1

Office on February 28, 2018. The investigation was assigned to


Investigator Adams on May 15, 2018.
The initial analysis was based on records obtained in
2

response to an investigative subpoena for telephone number (904)


887-1870 (Dennis) issued on March 16, 2018.

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Heavener Adams/Zipperer 1
The initial steps of the investigation focused on additional telephone record analysis3 by the
COJ OIG. Records were received in response to investigative subpoenas for telephone numbers
(904) 887-1870 (Dennis); (904) 537-7202 (Brosche); (904) 753-8395 (Katrina Brown); (904) 424-
0963 (Sam Newby); (904) 703-7642 (Jeneen Sanders); and (904) 710-7100 (John Crescimbeni)
for relevant time periods4 . [Note: Consideration was given to obtaining telephone records for all
City Council Members. In addition to insufficient predication, such an investigative step would
have been well beyond the scope of the initial complaint and the preliminary findings related to
possible Sunshine Law violations. There were also investigative limitations related to obtaining
content of communications as noted below. Additionally, telephone records which further
established contacts between City Council Members without information related to the content of
the communications, as well as the analysis of records for additional telephone numbers or
continued analysis of the records obtained, would not substantively further the investigation.
Consequently, no further analysis was conducted].

As set forth in Exhibit 1 (copies of subpoenas included), the telephone record analysis
identified numerous calls between Dennis and Jeneen Sanders, the Executive Council Assistant
to Brosche; Dennis and Brosche; Dennis and City Council Member Katrina Brown; Katrina Brown
and City Council Member Reggie Brown; Katrina Brown and City Council Member Reggie
Gaffney; and Katrina Brown and City Council Member Sam Newby. Other calls between City
Council Members were also identified. Below is a further breakdown of the analysis conducted
by the COJ OIG.

Investigative subpoenas were issued on May 31, 2018, for


3

telephone numbers (904) 753-8395 (K. Brown); (904) 537-7202


(Brosche) and (904) 887-1870 (Dennis). Subpoenas were also issued
on July 18, 2018, for telephone numbers (904) 703-7642 (Sanders);
(904) 710-7100 (Crescimbeni); (904) 424-0963 (Newby) and (904) 753-
8395 (K. Brown). Additional subpoenas were issued on September 28,
2018, for telephone numbers (904) 887-1870 (Dennis) and (904) 537-
7202 (Brosche). On October 19, 2018, another subpoena was issued
for telephone number (904) 537-7202 after it was determined the
carrier for this telephone number had been changed in July of 2018.
Some of the telephone record providers included text message
4

contacts. It should also be noted that without information related


to the content of communications, as further described below, it is
not known if duplicate information (telephone or text message
contacts) was provided. The COJ OIG analysis was based solely on
the records produced by the providers.
'··
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Heavener Adams/Zipperer 2
A. ANALYSIS OF TELEPHONE NUMBER (904) 887-1870 (Subscriber: Dennis)

1. Analysis* of (904) 887-1870 for the period from October 1, 2017 to February 28, 2018**

Phone Number Identity of Person Number of Calls Amount of Time in


Called Seconds
(904) 703-7642 Jeneen Sanders 1,771 940,443
(904) 887-1872 Dennis's wife 947 131,852
(904) 537-7202 Anna Lopez Brosche 450 220,475
(904) 753-8395 Katrina Brown 120 32,932

*The analysis also identified calls between Dennis and other City Council Members ranging
from 0-36 calls for the time period noted.

**The time period covered by the initial subpoena was requested by the COJ OIG. Subpoena
requests for records covering additional periods of time and telephone numbers, as noted below,
were based on the results of the investigation, including additional telephone record analysis.

2. Analysis* of (904) 887-1870** for the period from March 1, 2018 to May 31, 2018

Phone Number Identity of Person Number of Calls Amount of Time in


Called Seconds
(904) 703-7642 Jeneen Sanders 469 211,510
(904) 887-1872 Dennis's wife 392 71,110
(904) 537-7202 Anna Lopez Brosche 0 0
(904) 753-8395 Katrina Brown 95 29,086

*The analysis also identified calls between Dennis and other City Council Members ranging
from 0-47 calls for the time period noted.

**It should also be noted that the records for Dennis's telephone number identified instances
when *67 was used before the telephone number for Sanders. The records provided in response
to the subpoena indicated that *67 "Activates Selective Caller ID Block."

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Heavener Adams/Zipperer 3
3. Analysis* of (904) 887-1870 for the period from May 31, 2018 to September 28, 2018

Phone Number Identity of Person Number of Calls Amount of Time in


Called Seconds
(904) 703-7642 Jeneen Sanders 888 294,238
(904) 887-1872 Dennis's wife 602 91,669
(904) 537-7202 Anna Lopez Brosche 4 3415
(904) 753-8395 Katrina Brown 15 3921

*The analysis also identified calls between Dennis and other City Council Members ranging
from 0-22 calls for the time period noted.

B. ANALYSIS OF TELEPHONE NUMBER (904) 537-7202 (Subscriber: Brosche)

1. Analysis* of (904) 537-7202 for the period from October 1, 2017 to May 31, 2018

Phone Number Identity of Person Number of Contacts Amount of Time in


Called (Texts and Calls) Seconds
(904) 887-1870 Dennis 4987 395,215
(904) 703-7642 Sanders 358 71,110
(904) 424-0963 Newby 99 14,609
(904) 710-7100 Crescimbeni 81 13,776

*The analysis also identified calls between Brosche and other City Council Members ranging
from 2-59 calls for the time period noted.

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2. Analysis* of (904) 537-7202 for the period from May 31, 2018 to July 20, 2018

Phone Number Identity of Person Number of Contacts Amount of Time in


Called (Texts and Calls) Seconds
(904) 887-1870 Dennis 12 11,419
(904) 703-7642 Sanders 206 52,686
(904) 424-0963 Newby 70 13,360
(904) 710-7100 Crescimbeni 36 4188

*The analysis also identified calls between Brosche and other City Council Members ranging
from 0-15 calls for the time period noted.

3. Analysis* of (904) 537-7202 for the period from July 1, 2018** to October 19, 2018

Phone Number Identity of Person Number of Contacts Amount of Time in


Called (Texts and Calls) Seconds
(904) 887-1870 Dennis 3 312
(904) 703-7642 Sanders 77 15,923
(904) 424-0963 Newby 1 0

*The analysis also identified calls between Brosche and other City Council Members ranging
from 0-9 calls for the time period noted.

**The carrier for the telephone number associated with Brosche was changed in July of 2018.

C. ANALYSIS OF TELEPHONE NUMBER (904) 753-8395 (Subscriber: K. Brown)

1. Analysis* of (904) 753-8395 for the period from October 1, 2017 to May 31, 2018

Phone Number Identity of Person Number of Contacts Amount of Time in


Called (Texts and Calls) Seconds
(904) 444-2588 R. Brown 10,555 705,745
(904) 349-7534 Gaffney 1802 266,197
(904) 424-0963 Newby 678 125,071
(904) 887-1870 Dennis 257 61,535

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Heavener Adams/Zipperer 5
1· (904) 629-3525 Bowman 45 8,261

*The analysis also identified calls between Brown and other City Council Members ranging
from 0-11 calls for the time period noted.

2. Analysis* of (904) 753-8395 for the period from March 1, 2018 to July 18, 2018**

Phone Number Identity of Person Number of Contacts Amount of Time in


Called (Texts and Calls) Seconds
(904) 444-2588 R. Brown 2,043 183,006
(904) 349-7534 Gaffney 2 12
(904) 424-0963 Newby 59 11,501
(904) 887-1870 Dennis 21 4,094

*The analysis also identified calls between Brown and other City Council Members ranging
from 0-10 calls for the time period noted.

**See note in COJ OIG report related to overlapped date range. The date range for the
second set of telephone records overlapped with the date range of the first telephone records.
The telephone records for the overlapped date range were not included in the ana'lysis.

D. ANALYSIS OF TELEPHONE NUMBER (904) 424-0963 (Subscriber: Newby)

1. Analysis* of (904) 424-0963 for the period from March 1, 2018 to July 18, 2018

Phone Number Identity of Person Number of Contacts Amount of Time in


Called (Texts and Calls) Seconds
(904) 753-8395 K. Brown 397 60,309
(904) 444-2588 R. Brown 122 8826
(904) 537-7202 Brosche 45 7345
(904) 962-5245 Ferraro 33 4528

*The analysis also identified calls between Newby and other City Council Members ranging
from 3-26 calls for the time period noted.

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Heavener Adams/Zipperer 6
E. ANALYSIS OF TELEPHONE NUMBER (904) 703-7642 (Subscriber: Sanders)

1. Analysis of (904) 703-7642 for the period from March 1, 2018 to July 18, 2018

Phone Number Identity of Person Number of Calls Amount of Time in


Called Seconds*
(904) 887-1870** Dennis 1967
(904) 537-7202 Brosche 141
(904) 962-5245 Ferraro 2

*The COJ OIG did not calculate the duration of Sanders' telephone contacts with City Council
Members.

**The COJ OIG analysis of these records also identified the use of *67 before calls to the
telephone number associated with Dennis.

F. ANALYSIS OF TELEPHONE NUMBER (904) 710-7100 (Subscriber: Crescimbeni)

1. Analysis* of (904) 710-7100 for the period from March 1, 2018 to July 19, 2018

Phone Number Identity of Person Number of Calls Amount of Time in


Called Seconds
(904) 537-7202 Brosche 51 6275
(904) 887-1870 Dennis 23 1261
(904) 655-3525 Hazouri 18 2344
(904) 334-3786 Gulliford 6 115

*The analysis also identified calls between Crescimbeni and City Council Members Becton,
Love and Morgan ranging from 2-4 calls for the time period noted.

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G. Analysis of Telephone Records in Relation to City Council Meetings

As set forth in Exhibit 2, the COJ OIG investigation included the analysis of the telephone
records in relation to a time line of City Council meetings for relevant periods of time. This
analysis showed that Dennis regularly communicated with Brosche, Katrina Brown and other City
Council Members around the time of meetings.

H. Significant Findings from Initial Telephone Record Analysis

1. The number of calls between Dennis and Sanders; Dennis and Brosche; Dennis and
Katrina Brown; Katrina Brown and Reggie Brown; Katrina Brown and Reggie Gaffney; and
Katrina Brown and Sam Newby seemed excessive in the absence of additional information
related to outside business, personal, or other relationships between these parties. (Note: As
described below, after being informed of the results of the telephone record analysis during an
interview, Sanders identified Dennis as her friend but would not provide additional information
about their relationship. She provided additional information in a later sworn statement. The
additional information, however, was very limited).

2. As noted above, the contacts between Dennis and Brosche discontinued for a period of
time and were significantly reduced during the last time period analyzed. No information was
developed to indicate a reason why the telephone contacts suddenly ceased or significantly
decreased. It should be noted that the frequency of these communications ceased shortly after
the initial complaint and around the time the first subpoenas were served.

3. The analysis of Crescimbeni's telephone records identified contacts with other City Council
Members. These contacts, however, were significantly less in frequency and duration compared
to the results of the analysis of other telephone records.

Ill. Interviews

A. Procedures

During the period from August 29, 2018, to September 19, 2018, current City Council
Members, certain Executive Council Assistants and members of the Mayor's Office were
interviewed (This date range is for the initial interviews conducted as part of this investigation.
Additional follow up interviews were conducted after this time period). The interviews were
facilitated through direct contacts requesting voluntary interviews at a convenient time and
location for the interviewees. The interviews were also structured through the use of a standard
guideline for the questions (See Exhibit 3). Additionally, all of the interviewees associated with
the City Council were asked to review and sign a letter from the Chief Investigator related to the
complaints about potential non-compliance with the Sunshine Law. If appropriate, some
interviewees were also asked for consent to search telephones for information related to this
investigation. Consent was either refused or revoked after the COJ Office of the General Counse
(OGG) became involved (as noted below). Attached is a copy of the consent form used (See
Exhibit 4) .

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(Note: It is this office's understanding that, after the first few interviews, representatives of the
COJ OGC coordinated with those who had not yet been interviewed to attend their interviews.
Concerns about the scope of OGC's representation and attendance at the interviews were raised
during some of the interviews. An OGC representative, however, continued to attend the
interviews. It was the opinion of several of the Investigators that this had a chilling effect on some
of the interviews. The interviews were continued, though, in an effort to gather relevant
information in a timely manner).

B. Information Developed from Interviews

Some of the significant information obtained from the interviews is set forth below. (The
reports of the interviews conducted, including follow up contacts, are attached. (See Exhibit 5).

1. No City Council Members identified relationships with other members outside of City
Council business that would involve a substantial volume of communications and contacts
outside of City Council meetings or hearings. As such, the purpose for the contacts between the
parties identified through the telephone record analysis has not been determined.

2. Although the information in the original allegation related to possible Sunshine Law
violations involving the delivery of a block of votes for City Council President, this allegation was
not fully corroborated, but the results of the interviews identified other possible Sunshine Law
violations. Specifically, some of the City Council Members referenced possible violations related
to the election of Brosche as City Council President in 2017.

3. Additionally, some of the interviewees noted that, following Brosche's election as City
Council President in 2017, Dennis was named the Chairman of the Finance Committee. City
Council Members Katrina Brown, Reginald Gaffney, and Reggie Brown, who also all voted for
Brosche, were named to this committee. The committee was described as significant because
it involved approval of certain funding. No direct information was developed to determine if the
committee took any specific action to benefit any of the City Council Members, or associates,
during that time.

4. During his initial interview, current City Council President Aaron Bowman provided
information about Dennis attempting to sway or influence the vote for the 2018 election for City
Council President against Bowman. He was not comfortable, however, providing the names of
the individuals who told him about Dennis's activities or discussed the matter with him (Bowman).
During his second interview, City Council Member Tommy Hazouri said he told Bowman that
Dennis was trying to undermine him (Bowman) by saying he could not be trusted. As such,
Hazouri was initially believed to be one of the individuals Bowman mentioned and corroborated
Bowman's information. This was confirmed during a second interview with Bowman as described
below.

5. As noted above, the telephone record analysis indicated that Brosche had substantial
telephonic contacts with Dennis until March 14, 2018. During her interview, she did not provide
information that would assist in understanding the volume of contacts with Dennis or a reason
for the discontinuation or significant reduction in contacts (Note: The results of the telephone

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Heavener Adams/Zipperer 9
record analysis were not shared with Brosche during the interview). Brosche indicated she had
been in contact with other City Council Members outside of official hearings or proceedings but
not about City Council business. She provided examples of contacts regarding times of meetings
or whether another member was going to an event. Brosche said she otherwise does not
regularly contact other City Council Members for matters unrelated to City Council business.

6. During Dennis's interview, he indicated that he knew all about the Sunshine Law and had
nothing to hide. When asked about communications between City Council matters after hours
on the phone, Dennis stated "all he did was play golf and didn't have time for all of that." These
statements were not consistent with the information obtained from the other interviews or the
telephone record analysis. (Note: The results of the telephone record analysis were not shared
with Dennis during the interview). Additionally, Dennis was the primary City Council Member
identified by several of the individuals interviewed as communicating with other City Council
Members outside of official meetings or public hearings.

7. During the interview of Sanders, she was advised that the investigation identified over
seventeen hundred (1700) calls between her and Dennis. She responded that they were friends
but would not provide additional information. She also said she was not asked to facilitate
contacts on Brosche's behalf. The volume of contacts between the telephone numbers
associated with Sanders and Dennis was substantial and was almost double the number of
contacts Dennis had with the telephone number associated with his wife during certain time
periods. (It should be noted that other telephone numbers may have been used by the individuals
involved in this investigation during the relevant periods of time; however, no additional numbers
were identified).

8. Sandra Lane Smith, the former Executive Council Assistant (ECA) to Dennis was contacted
for a follow up interview. Smith indicated that she had previously provided a statement to the
State Attorney's Office and was not interested in being interviewed again. Sh� also noted that
her employment as an ECA to Dennis was terminated on November 28, 2018. Smith explained
that, following the City Council meeting on November 27, 2018, Sam Mousa, Brian Hughes and
Dennis had an argument. During the argument, a reference was made to Smith seeking another
position within the City of Jacksonville Administration. The next day, Dennis terminated Smith's
employment. Smith, however, indicated that she was not interested in being interviewed further.

9. Although information was provided that Crescimbeni had been approached by Dennis
about a block of votes, Crescimbeni denied any such contact. Crescimbeni was interviewed
again about this matter just before the investigation was concluded. He said he had no
recollection of Dennis approaching him about the votes.

10. Counsel for both Brosche and Dennis were contacted just prior to this case being closed
to afford an opportunity to provide additional information. Dennis's attorney indicated that no
additional information would be provided. Brosche's attorney·indicated the same.

11. Deputy General Counsel Jon R. Phillips was also contacted just prior to this case being
closed to afford an opportunity for Newby and Gaffney to provide additional information. Phillips
indicated that both Gaffney and Newby said they talk with other City Council Members about

ATTORNEY DATE TYPED SECRETARY , · .·


INVESTIGATOR /AUDITOR PAGE

Heavener Adams/Zipperer 10
matters unrelated to council business. Neither had additional information but indicated they would
both be willing to answer specific questions, if needed.

C. Subpoenas for Sworn Statements

The results of the interviews and investigation identified several inconsistencies in statements.
Consequently, a decision was made to serve subpoenas to compel testimony. Efforts were made
to facilitate service of the subpoenas through the COJ OGC.

1. On November 26, 2018, Jeneen Sanders was scheduled to appear at the State Attorney's
Office pursuant to a subpoena. The appearance was initially postponed at the request of her
attorney. Sanders provided a sworn statement on January 7, 2019. The statement was provided
at the State Attorney's Office and Sanders was represented by counsel. No new material
information was provided during the statement. Despite the sworn statement, an understanding
of the volume of contacts between Sanders and Dennis is still not clear. (See Exhibit 6
transcript).

2. This office was prepared to issue a subpoena to compel Bowman to provide the names of
certain City Council members who had talked with him about Dennis's efforts to influence the City
Council President election involving Bowman. This matter was discussed with Bowman during
the initial interview but he was not comfortable providing the names at that time, as noted above.
· Bowman agreed to be interviewed further about the names of these City Council members in lieu
of providing a sworn statement pursuant to a subpoena. As such, a subsequent interview of
Bowman was conducted on December 14, 2018. During the interview, Bowman said that City
Council Member Katrina Brown told him that Dennis was saying bad things about him (Bowman)
and was possibly doing it to get them not to vote for Bowman as President. Bowman also said
Hazouri told him (Bowman) .that Dennis made claims about Bowman's support for a City Council
Member who was running for Vice President. According to Bowman, the claims were not true.
Additionally, City Council Members Gaffney and Newby both told Bowman (separately) that
Dennis told them he (Dennis) could not vote for Bowman but did not specifically ask them not to
vote for him (Bowman).

3. This office was prepared to issue a subpoena to compel Crescimbeni to provide additional
information about whether he had been approached about votes to be elected City Council
President. Crescimbeni agreed to be interviewed further in lieu of providing a sworn statement
pursuant to a subpoena. As such, a subsequent interview of Crescimbeni was conducted on
December 20, 2018. During the interview, Crescimbeni said he was never approached by Dennis
about providing votes for him (Crescimbeni) to be elected President of the City Council.
Crescimbeni believed, however, that such a situation occurred in 2017 when Brosche was
elected City Council President.

IV. Investigative Limitations

A violation of the Sunshine Law is classified under the Florida Statutes as a non-criminal
infraction or, if knowingly violated, a Second Degree Misdemeanor. Consequently, there were

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Heavener Adams/Zipperer 11
limitations as to investigative methods and tools used in this investigation. In consultation with
Chief Assistant Heavener, it was determined that more intrusive investigative techniques, such
as search warrants or wiretaps, were not authorized due to the classification of the violation and
the absence of sufficient probable cause. As such, the content of communications between City
Council Members and others was not obtained during the course of the investigation.

V. Conclusion

This investigation was initially undertaken cautiously to ensure there was sufficient predication
beyond a mere allegation. As such, this office did not commit to a full investigation until additional
facts were developed. Once information from the telephone records was analyzed, sufficient
predication was established since the analysis indicated possible violations of the Sunshine Law.

It was also determined that the available investigative techniques were limited due to the
classification of the potential crime being investigated. More intrusive techniques, which could
have determined the content of communications, were not authorized. Consequently, the
investigation was limited to telephone record analysis, interviews, sworn statements and related
techniques.

Because of the limitations regarding the use of certain investigative techniques, subpoenas
to compel testimony were necessary. Although the results of the interviews and investigation
identified several inconsistencies in the statements provided, and a determination that some of
the interviewees appeared to not be completely forthcoming, a decision was made to use
subpoenas to compel testimony only for certain witnesses. This was due primarily to the
immunity protections provided for sworn statements. Subpoenas for sworn statements were used
selectively to ensure there would be no bar to future criminal prosecution if information was
developed indicating a criminal purpose for the contacts identified as part of this investigation.

As noted above, the telephone record analysis identified significant contacts between Dennis
and Brosche; Dennis and Sanders; Dennis and Katrina Brown; Katrina Brown and Reggie Brown;
Katrina Brown and Reggie Gaffney; and Katrina Brown and Sam Newby. Contacts between
other City Council Members were also identified. The analysis of the telephone records in relation
to the dates and times of City Council meetings (as identified in the COJ OIG investigation) was
also significant because of the specific timing and volume of contacts between the parties.

Although the specific allegations related to delivering a block of votes for City Council
President were not fully corroborated through interviews, other information related to possible
Sunshine Law violations was identified. Some of the information provided by those interviewed,
however, was not consistent with the telephone record analysis or information developed from
other interviews.

Although the investigation identified a pattern of conduct involving substantial communications


between City Council Members, and at least one Executive Council Assistant, without a clear
reason or justification, as well as other concerning conduct, criminal prosecution for Sunshine
Law violations can not be pursued, at this time, without the content of the communications. As

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Heavener Adams/Zipperer 12
such, it is recommended that the investigation specifically focusing on Sunshine Law violations
related to City Council matters, as set forth in the initial allegation and identified through the COJ
OIG telephone record analysis, be closed.

·ATTORNi:Y DATE TYPED SECRETARY INVESTIGATOR /AUDITOR PAGE

Heavener Adams/Zipperer 13
OFFICE OF INSPECTOR GENERAL
CITY OF JACKSONVIl.,LE

ANALYSIS OF COUNCIT., MEMBER TO MEMBER


PHONE CALLS
OIG INVESTIGATION NUMBER 2018-0006

At the request of the Office of the State Attorney (SAO), Fourth Judicial Circuit, the Office of
Inspector General (OIG), reviewed and analyzed telephone records for the following
individuals: 1

1. (904) 887-1870-Council Member Garrett Dennis (Dennis)


2. (904) 537-7202-Council Member Anna Brosche (Brosche)
3. (904) 753-8395 - Council Member Katrina Brown (K. Brown)
4. (904) 424-0963 - Council Member Samuel Newby (Newby)

The OIG analyzed telephone contacts between each of the aforementioned four Council
Members (CM) and all of the other Council Members. The OIG also analyzed telephone
contacts between CM Dennis and· CM Brosche's Executive Council Assistant (ECA), Jeneen
Sanders (Sanders), and also between CM Brosche and ECA Sanders due to the volume of calls.
Also, after discussions with the SAO, the OIG included Dennis' wife's personal cellphone
number in its analysis of Dennis' telephone records.
(-,
The date range noted on the charts that follow are based upon the dates reflected in the telephone
records provided to the OIG. Some of these telephone records were provided by the respective
carriers in Coordinated Universal Time (UTC) format2 and were converted to either Eastern
Daylight Time (EDT) or Eastern Standard Time (EST). Therefore, some of the telephone
records were outside of the initial date range noted in the provided telephone records upon
conversion to either EDT or EST.

Per a review of the telephone records, the carriers listed some calls as duplicate calls. For
example, a call which was forwarded to a voicemail was counted as two separate calls.
However, this occurred infrequently as compared to the overall number of telephone calls.

In addition, the overall duration times listed in the below tables for CM K. Brown, CM Brosche,
and CM Newby are slightly inflated as their carriers noted "60" in the duration field even though
the call type was classified as a text message (and thus had no duration). This occurred
infrequently. It should be noted that Dennis' carrier did not provide any text message records.

1The information is presented in the order that the OIG initially received their respective telephone records from the SAO.
2 lITC is a timescale used as a median for other time zones, similar to Greenwich Mean Time. UTC is four houts ahead of EDT
and five hours ahead of EST.

(('E,nhandng PuEB.c CJ'rost in government %rough Inaepenaent ana!l{esponsiE[e, Oversight"


PO Box 43586, Jacksonville, Florida 32203 Prepared by: B. King
Email: lnspectorGeneral@coj.net Website: http://www.coj:net/oig Date: January 4, 2019
Office: (904) 630-8000 Fax: (904) 630-8003
I
2 Office of Inspector General Investigation Number 2018-0006

Individuals Referenced

·Name. Position: · Reference

Garrett Dennis Council Member, 9 tn District Dennis

Anna Brosche Council Member, 1st At-Large Group Brosche

Katrina Brown Council Member, gm District (suspended) K.Brown

Samuel Newby Council Member, 5tn At-Large Group Newby

Joyce Morgan Council Member, 1st District Morgan

Al Ferraro Council Member, 2na District Ferraro

Aaron Bowman Council Member, 3 rct District Bowman

Scott Wilson Council Member, 4tn District Wilson

Lori Boyer Council Member, 5tn District Boyer

Matt Schellenberg Council Member, 6th District Schellenberg

Reggie Gaffney Council Member, in District Gaffney

Reggie Brown Council Member, lOtn District (suspended) R. Brown

Danny Becton Council Member, 11tn District Becton

Doyle Carter Council Member, 12th District (resigned) Carter

Bill Gulliford Council Member, 13 th District Gulliford

Jim Love Council Member, 14tn District Love

John Crescimbeni Council Member, 2na At-Large Group Crescimbeni

Tommy Hazouri Council Member, 3 ra At-Large Group Hazouri

Greg Anderson Council Member, 4th At-Large Group Anderson

Jeneen Sanders Executive Council Assistant to Council Sanders


Member Brosche

The results of OIG's analysis are provided in the respective tables on the following pages. In
each table that follows, the OIG listed all member to member contacts made between the CM
and any other CM. In addition, CM Dennis's table includes contact information between CM

Prepared by: B. King


Date: January 4, 2019
I
3 Office of Inspector General Investigation Number 2018-0006

Dennis and his spouse, and also between CM Dennis and ECA Sanders. In CM Brosche's table
contact between Brosche and ECA Sanders is also included.

In reviewing and preparing the tables below, if there was no record of telephone call between the
CM and other CMs listed in the table, the cell is marked with NIA (Not Applicable).

Prepared by: B. King


Date: January 4, 2019
I
4 Office of Inspector General Investigation Number 2018-0006

Garrett Dennis

October 1, 2017 through February 28, 2018

Number of Calls3 . Duration (in s�cs)


.. ,
Phone N'.uiiiJ)er :·
' .
. Subscri
. .
ber
.. � . ·' . . .. . .
.. . .. .• . ·.· .... .
,,

(904) 703-7642 Sanders 1,771 940,443

(904) 887-1872 Dennis' wife 947 131,852

(904) 537-7202 Brosche 450 220,475

(904) 753-8395 K.Brown 120 32,932

(904) 424-0963 Newby 36 5,868

(904) 655-3525 Hazouri 33 13,702

(904) 612-1952 Morgan 12 4,910

(904) 349-7534 Gaffney 11 809

(904) 612-0247 Becton 10 5,364

(904) 710-7100 Crescimbeni 7 168

(904) 444-2588 R.Brown 4 1,653

(904) 307-1855 Carter 4 383

(904) 710-0200 Love 2 75

(904) 334-3786 Gulliford 1 2

(904) 629-2829 Bowman NIA NIA

. (904) 626-0942 Wilson NIA NIA

3 As previously noted, the telephone records provided by CM Dennis' carrier did not display any record of text messages sent or
received.

Prepared by: B. King


Date: January 4, 2019
!
5 Office of Inspector General Investigation Number 2018-0006

Garrett Dennis (continued)

March 1, 2018 through May 31, 2018

Phone Number Subscr;iber Number of Calls Duration (in secs)

(904) 703-7642 Sanders 469 211,510

(904) 887-1872 Dennis' wife 392 71,110.

(904) 537-7202 Brosche NIA NIA


(904) 753-8395 K. Brown 95 29,086

(904) 424-0963 Newby 10 4,435

(904) 655-3525 Hazouri 47 9,985

(904) 612-1952 Morgan. 14 6,573

(904) 349-7534 Gaffney 8 65

(904) 612-0247 Becton 1 2,054

(904) 710-7100 Crescimbeni 11 1,248

(904) 444-2588 R. Brown 5 1,102

(904) 307-1855 Carter 2 217

(904) 710-0200 Love NIA NIA


(904) 334-3786 Gulliford NIA NIA
(904) 629-2829 Bowman 6 90

(904) 626-0942 Wilson 3 40

Prepared by: B. King


Date: January 4, 2019
6 j Office of Inspector General Investigation Number 2018-0006

Garrett Dennis (continued)

· May 31, 2018 through September 28, 2018 4

Phone Nimiber · Subscriber ... Nll1llher of Calls Duration (in secs)

(904) 703-7642 Sanders 888 294,238

(904) 887-1872 Dennis' · wife 602 .91,669

(90:4) 537-7202 Brosche 4 3,415

(904) 753-8395 K. Brown 15 3,921

.(904) 424-0963 Newby 3 732

(904) 655-3525 Hazouri NIA NIA


(904) 612-1952 Morgan 22 6,194

(904) 349-7534 Gaffney NIA NIA


(904) 612-0247 Becton NIA NIA
(904) 710-7100 Crescimbeni 1 12

(904) 444-2588 R. Brown NIA NIA


· (904) 307-1855 Carter NIA NIA
(904) 710-0200 Love NIA NIA
(904) 334-3786 Gulliford NIA NIA
(904) 629-2829 Bowman NIA NIA
(904) 626-0942 Wilson NIA NIA

4 The May 31, 2018 through September 28, 2018 telephone records overlapped the prior March 1, 2018 through May 31, 2018 by
one day.

Prepared by: B. King


Date: January 4, 2019
I
7 Office of Inspector General Investigation Number 2018-0006

Anna Brosche

October 1, 2017 through May 31, 2018

Phone Num!Jer Subscriber Number of Contacts5 Duration (in secs)


. "

(904) 887-1870 Dennis 4,987 395,215

(904) 703-7642 Sanders 358 71,110

(904) 424-0963 Newby 99 14,609

(904) 710-7100 Crescimbeni 81 13,776

(904) 962-5245 Ferraro 59 4,951

(904) 868-6221 Schellenberg 54 5,035

(904) 612-0247 Becton 38 13,526

(904) 612-1952 Morgan 15 2,483

(904) 655-3525 Hazouri 12 9,734

(904) 307-1855 Carter 9 1,507

(904) 710-0200 Love 6 1,546

(904) 626-0942 Wilson 6 1,358

(904) 349-7534 Gaffney 5 498

(904) 755-7605 Anderson 2 539

(904) 576-0446 Boyer 2 0

(904) 444-2588 R. Brown 2 212

5 As previously noted, the telephone records for CM Brosche, CM K. Brown and CM Newby displayed text messages AND
telephone calls.

Prepared by: B. King


Date: January 4, 2019
I
8 Office of Inspector General Investigation Number 2018-0006

Anna Brosche (continued)

May 31, 2018 through July 20, 20186

Phone Number Subscriber .. · Number


. of. Contacts' Duration (in secs)
�. : . . . . .
(904) 887-1870 Dennis 12 11,419

(904) 703-7642 Sanders 206 52,686

(904) 424-0963 Newby 70 13,360

(904) 710-7100 Crescimbeni 36 4,188

(904) 962-5245 Ferraro 13 1,161

(904) 868-6221 Schellenberg 13 2,366

(904) 612-0247 Becton 4 3,692

(904) 612-1952 Morgan 8 1,441

(904) 655-3525 Hazouri NIA NIA

(904) 307-1855 Carter NIA NIA

(904) 710-0200 Love 3 468

(904) 626-0942 Wilson NIA NIA

(904) 349-7534 Gaffney 15 1,252

(904) 755-7605 Anderson 4 1,075

(904) 576-0446 Boyer NIA NIA

(904) 444-2588 R. Brown 4 291

( 6
The May 31, 2018 through July 20, 2018 telephone records overlapped the prior October 1, 2017 ¢rough May 31, 2018
telephone records by one day.

Prepared by: B. King


Date: January 4, 2019
I
9 Office of Inspector General Investigation Number 2018-0006

Anna Brosche (continued)

July 1, 2018 through October 19, 20187

N:mnl>er of Contacts Duration (in secs)·


• '
Ph�ne Number Subsc:rib�r ... . .
•, .
..... . .. , . . . •. ..
(904) 887-1870 Dennis 3 312

(904) 703-7642 Sanders 77 15,923

(904) 424-0963 Newby 1 0

(904) 710-7100 Crescimbeni NIA NIA

(904) 962-5245 Ferraro NIA NIA

(904) 868-6221 Schellenberg 1 4

(904) 612-0247 Becton NIA NIA

(904) 612-1952 Morgan NIA NIA

(904) 655-3525 Hazouri NIA . NIA

(904) 307-1855 Carter NIA NIA


( (904) 710-0200 Love NIA NIA

(904) 626-0942 Wilson 2 104

(904) 349-7534 Gaffney NIA NIA

(904) 755-7605 Anderson NIA NIA

(904) 576-0446 Boyer NIA NIA

(904) 444-2588 R. Brown· 9 0

7 CM Brosche changed cellphone carriers around July 2018. The July 1, 2018 through October 19, 2018 telephone records
overlapped the prior May 31, 2018 through July 20, 2018 telephone records by 20 days.

Prepared by: B. King


Date: January 4, 2019
'' I
10 Office of Inspector General Investigation Number 2018-0006

Katrina Brown

October 1, 2017 through May 31, 2018

.,
.. Phoiie·N�ber
..
Subs.criber Nninber of Co:nta:cts �oration (in secs)'
' ' '
. , • •

(904) 444-2588 R. Brown 10,555 705,745

(904) 349-7534 Gaffney 1,802 266,197

(904) 424-0963 Newby 678 125,071

(904) 887-1870 Dennis 257 61,.535

(904) 629-2829 Bowman 45 8,261

(904) 655-3525 Hazouri 11 4,397

(904) 612-0247 Becton 9 3,171

(904) 710-7100 Crescimbeni 1 3

(904) 612-1952 Morgan NIA NIA

March 1, 2018 through July 18, 2018 8

(904) 444-2588 R. Brown 2,043 183,006

(904) 349-7534 Gaffney 2 12

·(904) 424-0963 Newby 59 11,501

(904) 887-1870 Dennis 21 4,094

(904) 629-2829 Bowman 2 60

(904) 655-3525 Hazouri NIA NIA


(904) 612-0247 Becton NIA NIA
(904) 710-7100 Crescimbeni NIA NIA
(904) 612-1952 Morgan 10 300

8 The date range of the second set of telephone records provided to the OIG overlapped with the date range of the first telephone
records by 92 days. The OIG did not include the telephone records from this overlapped date range in its analysis of the second
set of telephone records due to length of this overlap date range.

Prepared by: B. King


Date: January 4, 2019
·, · I
11 Office of Inspector General Investigation Number 2018-0006

Samuel Newby

March 1, 2018 to July 18, 2018

. . Ph.one Number · Subscriber Number of Contacts


..
.
. Duration (in se�)
. . . .
(904) 753-8395 K. Brown 397 60,309

(904) 444-2588 R. Brown 122 8,826

(904) 537-7202 Brosche 45 7,345

(904) 962-5245 Ferraro 33 4,528

(904) 612-0247 Becton 26 5,862

(904) 349-7534 Gaffney 23 4,582

(904) 629-2829 Bowman 21 3,524

(904) 887-1870 Dennis 18 5,055

(904) 655-3525 Hazouri 16 2,704

(904) 868-6221 Schellenberg 7 888

(904) 307-1855 Carter 6 55

(904) 612-1952 Morgan 3 463

. Prepared by: B. King


Date: January 4, 2019
OFFICE OF INSPECTOR GENERAL
CITY OF JACKSONVILLE

SUPPLEMENTAL
ANALYSIS OF COUNCIL MEMBER TO MEMBER
PHONE CALLS
OIG INVESTIGATION NUMBER 2018-0006

At the request of the Office of the State Attorney (SAO), Fourth Judicial Circuit, the Office of
Inspector General (OIG), reviewed and analyzed telephone records for the following individuals:

1. (904) 710-7100-Council Member John Crescimbeni (Crescimbeni)


2. (904) 703-7642-Executive Council Assistant Jeneen Sanders 1 (Sanders)

The OIG analyzed telephone contacts between each of these individuals and all of the Council
Members.

The date range noted on the charts that follow are based upon the dates reflected in the telephone
records provided to the OIG. The telephone records were provided by the carrier in Coordinated
Universal Time (UTC) format2 and were converted to either Eastern Daylight Time (EDT) or
Eastern Standard Time (EST). Therefore, some of the telephone records were outside of the
initial date range noted in the provided telephone records upon conversion to either EDT or EST.

Per a review of the telephone records, the carriers listed some calls as duplicate calls. For
example, a call which was forwarded to a voicemail was counted as two separate calls.
However, this occurred infrequently as compared to the overall number of telephone calls.

The OIG was unable to convert the call duration data provided by the carrier for Crescimbeni
and Sanders into a usable format. While the OIG manually entered the call duration data for the
analysis of Crescimbeni's telephone contacts, the OIG did not do so for the analysis of Sanders'
telephone contacts due to the volume of telephone contacts.

It should be noted that Crescimbeni's and Sanders' carrier did not appear to provide any text
message records.

1
Sanders is the Executive Council Assistant to Council Member Anna Brosche.
2 UTC is a timescale used as a median for other time zones, similar to Greenwich Mean Time. UTC is four hours ahead of EDT
and five hours ahead of EST.

(('Enhancing PubEe Trust in (jovemment %rough Independent and !R._,esponsibfe Oversight''


PO Box 43586, Jacksonville, Florida 32203 Prepared by: B. King
Email: lnspectorGeneral@coj.net Website: http://www.coj.neVoig Date: February 1, 2019
Office: (904) 630-8000 Fax: (904) 630-8003
I
2 Office of Inspector General Investigation Number 2018-0006

Individuals Referenced
..
'. ":N apie : Posltion
,...
Reference
. ; ... . . '
' ..
..... ', •. .

.. .
" '
' . .. ·• ..
. . '
.
.. .
,'
·.:: ·.· · · ' . . .\ ', _,/_· > . . .' .·, .. , .·... -.·.· ... . . .. · '
'

:•--
.. . .•, ·-·:
·.,
.:·., , '.::: •. : • .. ·.-•• : _. .-:\, ;·,1

na
John Crescimbeni Council Member, 2 At-Large Group Crescimbeni

Jeneen Sanders Executive Council Assistant to Council Sanders


Member Brosche

Joyce Morgan Council M�mber, 1st District Morgan

Al Ferraro Council Member, zna District Ferraro

Garrett Dennis Council Member, 9th District Dennis

Danny Becton Council Member, 11m District Becton

Bill Gulliford Council Member, 13 tn District Gulliford

Jim.Love Council Member, 14m District Love


I
Anna Brosche Council Member, 1st At-Large Group Brosche

Tommy Hazouri Council Member, 3 rct At-Large Group Hazouri

The results of OIG' s analysis are provided in the respective tables on the following page. In
each table that follows, the OIG listed all contacts made by Crescimbeni and Sanders with any
Council Member.

Prepared by: B. King


Date: February 1, 2019
I
3 Office of Inspector General Investigation Number 2018-0006

John Crescimbeni

March 1,2018 through July 19, 2018

.. · .... ·. · . .. ,[ .. ,.·. ·., . : . .... . , .... • • '• =:. • �-·. '•;", .-.=.· . . .. .
(904) 537-7202 Brosche 51 6,275

(904) 887-1870 Dennis 23 1,261

(904) 655-3525 Hazouri 1s· 2,344

(904) 334-3786 Gulliford 6 115

(904) 612-0247 Becton 4 611

(904) 710-0200 Love 3 13

(904) 612-1952 Morgan 2 292

Jeneen Sanders

March 1, 2018 through July 18, 2018

·.i: :r!��tl!!!:et;:;t� .· :. ·�?!t1,�t:. )';;::.:'i rt:f,r�(!f:�f.��: .:. :·)


1

(904) 887-1870 Dennis 1,967

(904) 537-7202 Brosche 141

(904) 962-5245 Ferraro 2

3 As mentioned above, the OIG did not calculate the total duration of Sanders' telephone contacts with Council Members.

Prepared by: B. King


Date; February 1, 2019
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENADUCESTECUM
S. A. NO.: 18SA015842AD Division: Special Prosecution
TO: PLEASE REFER TO AGENCY REPORT NO,:
VERIZON
ATTN: VSAT
180 WASHINGTON VALLEY ROAD
BEDMINSTER, NEW JERSEY 07921
FAX: (888) 667-0028·

PLEASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the below-listed
telephone number(s):
TELEPHONE NO: (904}887-1870
LAST NO. OF BILLING PERIODS: OCTOBER 1, 2017 TO FEBRUARY 28, 2018
Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)887-1870
DATE(S): OCTOBER 1, 2017 TO FEBRUARY 28, 2018

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


Subpoena Compliance can be achieved by delivering/sending the requested information to:

TIMOTHY R. QUICK Section 92.153/2l(a} Production of documents by Wtlnesses:


reimbursement of costs - In any proceeding, a disinterested witness shall
SPECIAL PROSECUTION DIVISION be paid for any costs the witness reasonably incurs either directly or
STATE ATTORNEY'S OFFICE, 311 WEST MONROE indirectly . in producing, searching for, reproducing, or transporting
. STREET, JACKSONVILLE, FL 32202 documents pursuant to a summons; however, the cost of documents
WORK {904) 255-2875, FAX (904) ?55-2873 produced pursuant to a subpoena or records request by a state attorney or
public defender may not exceed 15 cents per page and $10.DO per hour far
EMAIL: TQUICK@COJ.NET research or retrieval.
IF APPLICABLE, your invoice should Include the following information:

(
State Attorney's Office Case Number and Your Federal Employer
Identification Number

Pursuant to Section 27.04, Florida Statutes, YOU ARE HEREBY COMMANDED to appear before Mac Devon
Heav.E!ner, Ill, Assistant State Attorney, on or before TEN DAYS FROM RECEIPT OF SUBPOENA, to testify truthfully in a
certain matter pending and undetermined before the Circuit Court of the Fourth Judicial Circuit, wherern the State of Florida is
conducting a lawful investigation and to have with you ·the above-noted or other .tan'gible evidence within your possession and
custody. You are subpoenaed to provide the information requested and unless excused from this subpoena by this attorney or
the court, you shall respond to this subpoena as directed.

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, for a
perio of time not to exceed ninety (90) days. Any disclosure may obstruct, impede, or prevent an investigation or
cri 11,1af,prosecution by giving notice or attempts to give notice of the investigation or criminal prosecution, in violation
of :eetton ;H34.43, Florida Statutes, a third degree felony.
�; · I V
) Dated: -=M=a=rc=h....:1=6 '-"2=0�1=8 ___________
Ma on Heavener, Ill BILLING: Please forward all billing information to the
Assistant State Attorney for liant noted above.
Melissa W. Nelson
State Attorney, Fourth Judicial Circuit of Florida
.
-
Service by: Fax this

16!:
day of MARCH 2018. FAX TRANSMITTAL
Subpoena is being FAXED TO: the Custodian of Records at the above-listed company. A copy of this subpoena is also being
faxed to the requesting officer. Any questions or Mure subpoenas regarding this same investigation, reference must be made
to the above SA and Agency Report Number. If you do not receive 2 page(s), please call back.ASAP to (904)255-2877.

tecam, you should 9011\acf our office


In accordance with ihe Americans With Disabilities Act, if you need a specl�l accommodation to comply with the terms of this subpoena d'uces
immediately at (904) 255-2675 cir call 1-800-955-8771 (TDD) cl 1-800-955-8770 (Voice), vla Florida Relay Service.
lnvSubp_Non Bank Records

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


( S. A NO.: 18SA015842AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


T-MOBILE USA, INC.
ATTENTION: LER GROUP
4 SYLVAN WAY
PARSIPPANY, NEW JERSEY 07054
PH: (973) 292-8911; FAX: (973) 292-8697
EMAIL: lerinbound@t-mobile.com

PLEASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information: The name and address of the subscrib.er, as well
as the billing name and address of the subscriber, if different, of the below-listed telephone number(s) and furnish any
additional numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904)753-8395
Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
1

below-listed telephone number(s):


TELEPHONE NO: (904)753-8395
LAST NO. OF BILLING PERIODS: OCTOBER 1, 2017 TO PRESENT
Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)753-8395
DATE(S): OCTOBER 1, 2017 TO PRESENT

JJNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


( 1bpoena Compliance can be achieved by delivering/sending the requested information to:

C TIMOTHY ADAMS
SPECIAL PROSECUTION DIVISION
Section 92.153{2}(al Production of documents by witnesses:
reimbursement of costs - In any proceeding, a disinterested witness
shall be paid for any costs the witness reasonably incurs either directly
STATE ATTORNEY'S OFFICE, 311 WEST MONROE or indirectly in producing, searching for, reproducing, or transporting
STREET, JACKSONVILLE, FL 32202 documents pursuant to a summons; however, the cost of documents
WORK (904) 255-2875, FAX (904) 255-2873 produced pursuant to a subpoena or records request by a �tate
attorney or public defender may not exceed 15 cents per page and
EMAIL: TMDAMS@COJ.NET $10.00 per hour for research or retrieval.
IF APPLICABLE, your invoice should include the following information:
State Attorney's Office Case Number and Your Federal Emplqyer
Identification Number

Pursuant to Section 27.04, Florida Statutes, YOU ARE 'HEREBY COMMANDED to appear before Mac Devon
Heavener, Ill, Assistant State Attorney, on or. before TEN DAYS FROM RECEIPT OF SUBPOENA, to testify truthfully in a,
certain matter pending and undetermined before the Circuit Court of the Fourth Judicial Circuit, wherein the State of
Florida is conducting a lawful investigation and to have with you the above-noted or other tangible evidence within your
possession and custody. You are subpoenaed to provide the information requested and unless excused from this
subpoena by this attorney or the court, you shall respond to this subpoena as directed.

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, for a
period time not to exceed ninety (90) days. Any disclosure may obstruct, impede, or prevent an investigation
or cri i prosecution by giving notice or attempts to give notice of the investigation or criminal prosecution, in
viola i f '· ction 934.43, Florida Statutes, a third degree felony.

\'
Mac�Heavener, Ill
Dated: �M=ay'-"-31�,�20
� 1
� 8
= ___________
BILLING: Please forward all billing information to the
.ssistant State Attorney for compliant noted above.
,lllelissa W. Nelson
. State Attorney, Fourth Judicial Circuit of Florida
( <
Service by: Email this� day of MAY 2018.

In accordance with the Americans With Disabilities Act, if you need a special accommodation to comply with the terms of this subpoena duces tecum, you should contact our
• , __ " -·· M�c -- -" < ann_o.;r:;_R771 ITnm
· .. • •
or 1-800-955-8770 (Voice), via Florida Relay Service. --------
-----
: 'l
J THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


, A NO.: 18SA015842AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


SPRINT CORPORATION
SUBPOENA COMPLIANCE
6480 SPRINT PARKVVAY
OVERLAND PARK, KANSAS 66251
PH: (800) 877-7330; FAX: (816) 600-3111

PLEASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information: The name and address of the subscriber, as well
as the billing name and address of the subscriber, if different, of the below-listed telephone number(s) and furnish any
additional numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904)537-7202
Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
below-listed telephone number(s):
TELEPHONE NO: (904)537-7202
LAST NO. OF BILLING PERIODS: OCTOBER 1, 2017 TO PRESENT
Verbatim: All incoming and. outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)537-7202
DATE(S): OCTOBER 1, 2017 TO PRESENT

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


bpoena Compliance can be achieved by delivering/sending the requested information to:

TIMOTHY ADAMS Section 92.153(2)/a) Production of documents by witnesses:


reimbursement of costs - In any proceeding, a disinterested witness
.SPECIAL PROSECUTION DIVISION shall be paid for any costs the witness reasonably incurs either directly
STATE ATTORNEY'S OFFICE, 311 WEST MONROE or indirectly in producing, searching for, reproducing, or transporting
STREET, JACKSONVILLE, FL 32202 documents pursuant to a summons; however, the cost of documents
WORK (904) 255-2875, FAX (904) 255-2873 produced pursuant to a subpoena or records request by a state
attorney or public defender may not exceed 15 cents per page and
EMAIL: TAADAMS@COJ.NET $10.00 per hour for research or retrieval.
IF APPLICABLE, your invoice should include the following information:
State Attorney's Office Case Number and Your Federal Employer
Identification Number

Pursuant to Section 27.04, Florida Statutes, YOU ARE HEREBY COMMANDED to appear before Mac Devon
Heavener, Ill, Assistant State Attorney, on or before TEN DAYS FROM RECEIPT OF SUBPOENA, to testify truthfully in a
certain matter pending and undetermined before the Circuit Court of the Fourth Judicial Circuit, wherein the State of
Florida is conducting a lawful investigation and to have with you the above-noted or other tangible evidence within your
possession and custody. You are subpoenaed to provide the information requested and unless excused from this
subpoena by this attorney or the court, you shall respond to this subpoena as directed.

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, for a
period of time not to exceed ninety (90) days. Any disclosure may obstruct, impede, or prevent an investigation
or crim1 al osecution by giving notice or attempts to give notice of the investigation or criminal prosecution, in
violatio o .S�ction 934.43, Florida Statutes, a third degree felony.

Dated: _M_a-y�3 1
_ �, 2_ 01 8
_ __________ _�
Mac D�avener, Ill BILLING: Please forward all billing information to the
·�sistant State Attorney for compliant noted above.
jlissa W. Nelson
State Attorney, Fourth Judicial Circuit of Florida
·'J.., ·s�
Service by: Fax this _2_L_ day of MAY 2018. FAX TRANSMITTAL
Subpoena is being FAXED TO: the Custodian of Records at the above-listed company. A copy of this subpoena is also
being faxed to the requesting officer. Any questions or future subpoenas regarding this same investigation. reference
In accordance with the Americans With Disabilities Act, if you need a special accommodation to comply with the terms of this subpoena duces tecum, you should contact our
nffiri> imme,rli:at.alv at /904) 255-2875 or call 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice), via Florida Relay Service.
.(HE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


( J. A. NO.: 18SA015842 AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


VERIZON
ATTN: VSAT
1 80 WASHINGTON VALLEY ROAD
BEDMINSTER, NEW JERSEY 07921
FAX: (888) 667-0028

PLE.ASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information: The name and address of the subscriber, as well
as the billing name and address of the subscriber, if different, of the below-listed telephone number(s) and furnish any
additional numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904)887-1870
Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
below-listed telephone number(s):
TELEPHONE NO: (904)887-1870
LAST NO. OF BILLING PERIODS: MARCH 1, 2018 TO PRESENT
Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)887-1870 .
DATE(S): MARCH 1, 2018 TO PRESENT

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


1:lp·oena Compliance can be achieved by delivering/sending the requested information to:

TIMOTHY ADAMS Section 92.153(2)(a} Production of documents by witnesses:


reimbursement of costs - In any proceeding, a disinterested witness
3PECIAL PROSECUTION DIVISION shall be paid for any costs the witness reasonably incurs either directly
STATE ATTORNEY'S OFFICE, 311 WEST MONROE or indirectly in producing, searching for, repr9ducing, or transporting
STREET, JACKSONVILLE, FL 32202 documents pursuant to a summons; however, the cost of documents
WORK (904) 255-2875, FAX (904) 255-2873 produced pursuant to a subpoena or records request by a state
attorney or public defender may not exceed 15 cents per page and·
EMAIL: TAADAMS@COJ.NET $10.00 per hour for research or retrieval.
IF APPLICABLE, your invoice should include the following information:
State Attorney's Office ·Case Number and Your Federal Employer
Identification Number

Pursuant to Section 27. 04, Florida Statutes, YOU ARE HEREBY COMMANDED to appear before Mac Devon
Heavener, Ill, Assistant State Attorney, on or before TEN DAYS FROM RECEIPT OF SUBPOENA, to testify truthfully in a
certain matter pending and undetermined before the Circuit Court of the Fourth Judicial Circuit, wherein the State of
Florida is conducting a lawful investigation and to have with you the above-noted or other tangible evidence within your
possession and custody. You are subpoenaed to provide the information requested and unless excused from this
subpoena by this attorney or the court, you shall respond to this subpoena as directed.

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, for a
period of time not to exceed ninety (90) days. Any disclosure may obstru�t, impede, or prevent an investigation
or criminal c;,secution by giving notice or 1attempts to give notice of the investigation· or criminal prosecution, in
violation o ection 934.43, Florida Statutes\ a third degree felony.

Dated: �M � ay- �3�1�,�2�


0� �-----------
18
Mac Deva avener, Ill BILLING: Please forward all billing information to the
I
{ ' -c;istant State Attorney for com liant noted above.
\ _ iissa W. Nelson

1'- 5 r
1 . State Attorney, Fourth Judicial Circuit of Florida

Service by: Fax this 5\ day of MAY 2018. FAX TRANSMITTAL


Subpoena is being FAXED TO: the Custodian of Records at the above-listed company. A copy of this subpoena is also
being faxed to the requesting officer. Any questions or future subpoenas regarding this same investigation, reference
In accordance with the Americans With Disabilities Act, if you need a special accommodation to comply with the terms of this subpoena duces tecum, you should contact our
nffir,"' immP.rfoatelv at !9041 255-2875 or call 1-800-955-8771 [TDD) or 1-800-955-8770 (Voice), via Florida Relay Service.
----
IN THE CIRCUIT COURT OF THE FOURTH JUDfClAL CIRCUIT IN ANO FOR DUVAL C(?UNTY, FLORJDA

SUBPOENA DUCES TECU.M


S. A. NO.: 18SA015842AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


AT & T WIRELESS
11760 US HIGHWAY 1, SUffE 600
NORTH PALM BEACH, FL 33408
PH: (800) 291-4952; FAX: (888) 938-4715
EMAIL compcent@att.com

Pt:EASE PROVIDE ANY AND ALL, BUT NOT UMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information; The name. and address of the subscriber, as
weH as the billing name and address of the.subscriber; if different, of the below-listed telephone nt.Jrnber(s) and furnish any
additional numbers subscribed to by the sµbscrjber(s):
TELEPHONE NO; (904} 703-7642 and {904) 710..:7100

Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
below�listed telephone nurnber(s):
TELEPHONE NO: (904) 703-7642 and (904) 710-7100

Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904) 703.-7642 and (904) 710-7100
OATE(S): March 1, 2018 to Present

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE. IS NOT MANDATORY.


Subpoena Compliance can be achieved by detiveringlsending the requested information to:

TIMOTHY ADAMS Section 92.1'53(2}/a} Production of documents by witnesses:


reimbursement of costs - ln any· proceeding, a disinterested witness.
SPECIAL PROSECUTION DIVISION shall be paid for any costs the witness reasonably incura either directiy
STATE ATTORNEY'S OFFlCE or indirectly In producing, searc!'ling for, r.eproducing, or transporting
311 WEST MONROE STREET a
documents pursuant. to summons; however,. the coi:;t of documents
JACKSONVILLE, Fl 32202 prpduced pursuant to a subpoena or records request by a state i
(904) 255-2$75 attorney or public defender may not eX'ceed 15 cents per page and.
$10.00, per hour for research or retriia�L
EMAi L: TMdams@coi.net IF APPLICABLE, your in.voice should. include the following information:
State Attorney's Office Case Number and Your Federal Employer
Identification Number

This subpoena is issued pursuant to Florida Statute ) Section 92.605. A response is due within twenty (20)
business days of receipt of this subpoena unless a l�mger period is stated herein.

Further, pursuant to Section 934.23, Florida Statutes, you shall not dis.close the existence of this subpoena, for a
period of time not to exceed ninety (90) days. An.y discfosu_re may obstruct, impede, or prevent an investigation
or criminal prosecution by giving notice or attempts. to give notice of the investigation or criminal prosecution, in
sial �-s,,ctjon 934.43 Florida Statutes, a third degree felony,
:
:

� IY�1=8"-
Dated: _.......;J=-=u:.:..i: . 2=D"-'1'""'8___________
Mac Devon Heavener Ill jBtLLING:fTTENTIOr,,1:. .
Assistant State Attorney for 1 State Attorney's Office
Melissa W. Nelson Busin.ess Office, 5th Fl.oor
State Attorney, Fourth Judicial Cin�uit of Florida 311 WestM-0nroe Street l
. aCk$onvme, Florida 3220:2
F> .0. # 19--00076
I

in iZccardanca wlth tt'ie Americans With. Disabilities Act, 1fyou need a speciai accommodation to comply with the terms of this subpoena duces. tecum, you. should contact our
<:,"lee imrne<ifata!y at (S04J 255-2875 cv cali 1,aoo-955-S771 (TDD). or 1�800-955,8770 (Voice), via florida Reiay Serrice.
· ·
·::.,v$ubp_Non Bank Records
IN THE C!RCUff COURT OF THE FOURTH JUDICIAL CJRCUlT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


S. A. NO.: 1BSA015B42AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


T-MOBILE USA, INC.
ATTENTION: LER GROUP
4:SYLVAN WAY
PARSIPPANY, NJ 07054 ·
PH: (973) 292-8911; FAX: {973) 292-8697
EMAIL: lerinbound@t-rnobUe.com

PLEASE PROVIDE ANY AND ALL•.BUT NOT LIMITED TO.;


Cu$tomer Service Records, Subscriber, Billing and Credit Information: The name and adoress of the subscrlber, as
well as the billing narne and address of the subscriber, if different, of.the below-listed telephone number(s) and furnish any
c1ddjtionaf numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904) 753-8395 and {904) 414-0963

Toil Records: Any and all toll records, including but not limited to, an entire copy of the subscrib¢r's bills for the
be/ow-listed telephone numl;ler(s):
TELEPHONE NO: (904) 753-8395and (904)424-0963

Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904) 753-8395' and (904)424-0963
DATE(S): March 1,. 2018 to Present

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


Subpoena Compliance can be achteved by delivering/sending the requested information to:

TIMOTHY ADAMS / Section 92.153(2l(a) Production of documents by witnesses:


1 reimbursement of. co.sts - In any proceeding, a disinterested witness
SPECIAL PROSECUTION DIVISION
STATE ATTORNEY'S OFFlCE
I shail be paid for any costs the witness reasonably incurs either directly
or indirectly in produ\:ing, searching for, reproducing, or transporting
311 WEST MONROE STREET documents pursuant to a summons; however, the cost of documents
JACKSONVILLE, FL 32202 .produced pursuant to a subpoena or· .records request by a state
attorney or public defender may not exceed 15 cents per page and
(904) 255-2875 $10.00 per hour.for research or retrieval.
EMAIL: TAAdams@coj.net JF APPLICABLE', your invoice should include the following information:
I State Attorney's Office Case Number and Your Federal Employer
j Identification Number

This subpoena is issued pursuant to Florida Statute, Section 92�605. A response is due within twenty {20}
busi,ness days of receipt of this subpoena unless a longer period is stated herein�

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, a for
period of time not to exceed ninety (90) days. Any disclosure may obstruct, impede, or prevent an investigation
or criminal prosecution by giving notice or attempts to give notice of the investigation or criminal prosecution, in
vi a ion�of Section 934.43 1 Florida Statutes, a third degree felony,

Dated: July 18, 2018


Mac Devon Heavener Ill BILLING: TTENTION:
Assistant State Attorney fqr State Attorney's Office
Melissa W Nelson · 1Busines$ Office, 5th Floor.
State Attorney, Fourth Judidal Circuitof Florida 1311 West Monroe Street
jJacksonvU!e, Florida 32202
lf'.O, # 19-00077

S,�rvice by: Email thls ___ day of July 2018.


1;1 acccrdance• with the Americans With. Disabilities Aci, if you need a special acccmmodauon to comply with the tem1s of t.!i\s subpoena duces. tecum, you should contaci our
·-
of;:ca immediately at (904) 255'2875 or. call i..B00-955-8771 {TD,0) or 1-800-955-8770. [Voice), via Florida Relay: SeNica.
TnvSubp_Non Bank Records
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


S. A. NO.: 18SA015842AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


SPRINT CORPORATION
SUBPOENA COMPLIANCE
6480 SPRINT PAR'i<:WAY
OVERLAND PARK, KANSAS 66251
PH: (800) 877-7330; FAX: (816) 600-3111

PLEASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information: The name and address of the subscriber, as well
as the billing name and address of the subscriber, if different, of the below-listed telephone number(s) and furnish any
additional numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904)537-7202
Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
below-listed telephone number(s):
TELEPHONE NO: (904)537-7202
LAST NO. OF BILLING PERIODS: MAY 31, 2018 TO PRESENT
Verbatim: All incoming an'd outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)537-7202
DATE(S): MAY 31, 2018 TO PRESENT

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


c;ubpoena Compliance can be achieved by delivering/sending the requested information to:

TIMOTHY ADAMS Section 92.153(2)(al Production of documents by witnesses:


reimbursement of costs - In any proceeding, a disinterested witness
SPECIAL PROSECUTION DIVISION shall be paid for any costs the witness reasonably incurs either directly
"- · . STATE ATTORNEY'S OFFICE, 311 WEST MONROE or indirectly in producing, searching for, reproducing, or transporting
STREET, JACKSONVILLE, FL 32202 documents pursuant to a summons; however, the cost of documents
WORK (904) 255-2875, FAX (904) 255-2873 produced pursuant to a subpoena or records request by a state
attorney or public defender may not exceed 15 cents per page and
EMAIL: TAADAMS@COJ.NET $10.00 per hour for research or retrieval.
IF APPLICABLE, your invoice should include the following information:
State Attorney's Office Case Number and Your Federal Employer
Identification Number

Pursuant to Section 27.04, Florida Statutes, YOU ARE HEREBY COMMANDED to appear before Mac Devon
Heavener, Ill, Assistant State Attorney, on or before TEN DAYS FROM RECEIPT OF SUBPOENA, to testify truthfully in a
certain matter pending and undetermined before the Circuit Court of the Fourth Judicial Circuit, wherein the State of
Florida is conducting a lawful investigation and to have with you the above-noted or other tangible evidence within your
possession and custody. You are subpoenaed to provide the information requested and unless excused from this
subpoena by this attorney or the court, you shall respond to this subpoena as directed.

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, for a
period of time not to exceed ninety (90) days. Any disclosure may obstruct, impede, or prevent an investigation
or crimfnal prqsecution by giving notice or attempts to give notice of the investigation or criminal prosecution, in
violaf ection 934.43, Florida Statutes, a third degree felony.

Dated: September 28, 2018


Mac Devon Heavener, Ill BILLING: Please forward all billing information to the
Assistant State Attorney for compliant noted above.
/lelissa W. Nelson
State Attorney, Fourth Judicial Circuit of Florida

I s-+
{)clc, bui'L
Service by: Fax this day of .geptemoor 2018. FAX TRANSMITTAL
Subpoena is being FAXED TO: the Custodian of Records at the above-listed company. A copy of this subpoena is also
being faxed to the requesting officer. Any questions or future subpoenas regarding this same investigation, reference
In accordance with the Americans With Disabilities Act, if you need a special accommodation ta comply with the terms of this subpoena duces tecum, you should contact our
office immediately at (904) 255-2875 or call 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice), via Florida Relay Service.
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


,,- S. A. NO.: 18SA015842AD Division: Special Prosecution
I
\
TO: PLEASE REFER TO AGENCY REPORT NO.:
VERIZON
ATTN: VSAT
180 WASHINGTON VALLEY ROAD
BEDMINSTER, NEW JERSEY 07921
FAX: (888) 667-0028

PLEASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information: The name and address of the subscriber, as well
as the billing name and address of the subscriber, if different, of the below-listed telephone nurnber(s) and furnish any
additional numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904)887-1870
Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
below-listed telephone number(s):
TELEPHONE NO: (904)887-1870
LAST NO. OF BILLING PERIODS: MAY 31, 2018 TO PRESENT
Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)887-1870
DATE(S): MAY 31, 2018 TO PRESENT

UN LESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


1•,bpoena Compliance can be achieved by delivering/sending the requested information to:

TIMOTHY ADAMS Section 92.153(2)(a) Production of documents by witnesses:


reimburse"!1ent of costs - In any proceeding, a disintere�ted witness
lPECIAL PROSECUTION DIVISION _ _

.:>TATE ATTORNEY'S OFFICE, 311 WEST MONROE
shall be paid for any costs the witness reasonably incurs either directly
or indirectly in producing, searching for, reproducing, or transporting
STREET, JACKSONVILLE, FL 32202 documents pursuant to a summons; however, the cost of documents
WORK (904) 255-2875 FAX (904) 255-2873 produced pursuant to a subpoena or records request by a state
attorney or public defender may �ot exceed 15 cents per page and
EMAIL·' TMDAMS@COJ · NET $10.00 per hour for research or retneval.
IF APPLICABLE, your invoice should include the following information:
State Attorney's Office Case Number and Your Federal Employer
Identification Number

Pursuant to Section 27.04, Florida Statutes, YOU ARE HEREBY COMMANDED to appear before Mac Devon
Heavener, Ill, Assistant State Attorney, on or before TEN DAYS FROM RECEIPT OF SUBPOENA, to testify truthfully in a
certain matter pending and undetermined before the Circuit Court of the Fourth Judicial Circuit, wherein the State of
Florida is conducting a lawful investigation and to have with ydu the above-noted or other tangible evidence within your
possession and custody. You are subpoenaed to provide the information requested and unless excused from this
subpoena by this attorney or the court, you shall respond to this subpoena ·as directed.

Further, pursuant to Section 934.23, Florida Statutes, you shall not disclose the existence of this subpoena, for a
period of time not to exceed ninety (90) days. Any disc!osure may obstruct, impede, or prevent an investigation
prosecution by giving notice c,r attempts to give notice of the investigation or criminal,prosecution, in
ection 934.43, Florida Statutes, a third degree felony.

Dated: September 28, 2018


Mac De avener, Ill BILLING: Please forward all billing information to the
Assistant State Attorney for
l ··ssa W. Nelson
v..Jte Attorney, Fourth Judicial Circuit of Florida
com liant noted above.

( S +day of �eptiJA'leer 2018.


t:=c;\)( Oc:h:, b e Y
Service by: � this FAX TRANSMITTAL
Subpoena is being FAXED TO: the Custodian of Records at the above-listed company .. A copy of this subpoena is also
being faxed to the requesting officer. Any questions or future subpoenas regarding this same investigation, reference
In accordance with the Americans With Disabilities Act, if you need a special accommodation to comply with the terms of this subpoena duces tecum, you should contact our
office immediately at (904) 255-2875 or call 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice), via Florida Relay Service.
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA

SUBPOENA DUCES TECUM


S. A. NO.: 18SA015842AD Division: Special Prosecution

TO: PLEASE REFER TO AGENCY REPORT NO.:


T-MOBILE USA, INC.
ATIENTION: LER GROUP
4 SYLVANWAY
PARSIPPANY, NEW JERSEY 07054
PH: (973) 292-8911; FAX: (973) 292-8697
EMAIL: lerinbound@t-mobile.com

PLEASE PROVIDE ANY AND ALL, BUT NOT LIMITED TO:


Customer Service Records, Subscriber, Billing and Credit Information: The narrie and address of the subscriber, as well
as the billing name and address of the subscriber, if different, of the below-listed telephone number(s) and furnish any
additional numbers subscribed to by the subscriber(s):
TELEPHONE NO: (904)537-7202
Toll Records: Any and all toll records, including but not limited to, an entire copy of the subscriber's bills for the
below-listed telephone number(s):
TELEPHONE NO: (904)537�7202
LAST NO. OF BILLING PERIODS:
Verbatim: All incoming and outgoing calls made to or from the below-listed telephone number(s) for the date(s) listed:
TELEPHONE NO: (904)537-7202
DATE(S): July 1, 2018 to Present

UNLESS OTHERWISE INSTRUCTED, YOUR PERSONAL ATTENDANCE OR APPEARANCE IS NOT MANDATORY.


Subpoena Compliance can be achieved by delivering/sending the requested information to:

.AC DEVON HEAVENER, Ill Section 92.153(2l(al Production of documents · by witnesses:


reimbursement of costs - In any proceeding, a disinterested witness
SPECIAL PROSECUTION DIVISION shall be paid for any costs the witness reasonably incurs either directly
STATE ATIORNEY'S OFFICE, 311 WEST MONROE or indirectly in producing, searching for, reproducing, or transporting
STREET, JACKSONVILLE, FL 32202 · documents pursuant to a summons; however, the cost of documents
WORK (904) 255-2875, FAX (904) 255-2873 produced pursuant to a subpoena or records request by a state
attorney or public defender may not exceed 15 cents per page and
$10.00 per hour for research or retrieval.
IF APPLICABLE, your Invoice should include the following information:
State Attorney's Office Case Number and Your Federal Employer
Identification Number

"This subpoena is issued pursuant to Florida Statute s. 92.605. A response is due within 20 business days
of receipt of this subpoena unless a longer time period is stated herein."

Further, you shall not disclose the existence of this subpoena. Any disclosure may obstruct, impede, or prevent
an in stigation or criminal prosecution by giving notice or attempts to give notice of the investigation or
rosecution, in violation of Section 934.43, Florida Statutes, a third degree felony.

Dated: October 19 2018


Mac von Heavener, Ill BILLING: Please forward all billing information to the
Assistant State Attorney for compliant noted above.
MelissaW. Nelson P.O.# 19-00411
State Attorney, Fourth Judicial Circuit of Florida

'
'

Service by: Emailed this day of October 2018. FAX TRANS MITTAL .
. ·• · 1bpoena is being emaile�
TO: the Custodian of Records at the above-listed company. A copy of this subpoena is also being emailed
(
.. the requesting officer. Any questions or future subpoenas regarding this same investigation, reference must be made to the above
S.A. and Agency Report Number. If you do not receive 2 page(s), please call back ASAP to (904)255-2875.

In accordance with the Americans With Disabilities Act, if you need a special accommodation to comply with the terms of this subpoena duces tecum, you should contact our
office immediately at (904} 255-2875 or call 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice), via Florida Relay Service.
lnvSubp_Non Bank Records
City Council Member Questions

Before asking the following questions, explain that the SAO has received information pertaining
to allegations of potential non-compliance with Florida's Government in the Sunshine laws. As part of
the investigation into these allegations, the SAO is interviewing members of the City Council to
determine if anyone is aware of such violations or has information that can assist the investigation.

1. Are you aware of any allegations related to possible Sunshine Law violations by members of
the City Council? If so, how did you find out about the allegations?

2. Do you have specific information related to possible violations of the Sunshine Laws?

3. Have you ever been contacted by another Jacksonville City Council member about council
matters outside of official hearings or proceedings? If so, please explain. How did you
handle the contact?

4. Do you know of any other members who were contacted by City Council members about
council matters outside of official hearings or proceedings?

5. Do you regularly contact any other members of the City Council for matters unrelated to
council.business? If so, who and what are the matters discussed?

6. Do you know of other council members who maintain regular contact for matters unrelated
to council business? If so, who and what are the matters discussed?

7. Do you use your personal phon,e, phone apps {WhatsApp etc.) and/or email address for City
Council related matters? If so, how do you preserve records and information as required
under the Sunshine Law?

8. . Do you know of other City Council members who use their personal phone, phone apps
and/or email address for City Council related matters?

9. Can you suggest anyone else we should talk to about these allegations?

10. Any other information you can provide to assist this investigation?

Ask the interviewee if he/she would be willing to provide consent to search .his/her mobile
telephone(s), telephone apps {WhatsApp etc.) and/or email address(es) for information related
to these allegations. If so, please use the attached consent form.

At the conclusion of the interview, serve the interviewee with the attached letter.
CONSENT TO SEARCH

COMPUTER(S), COMPUTER PERIPHERALS, CELL PHONES & OTHER


ELECTRONIC STORAGE MEDIA

I, , do hereby authorize and give my


permission to , who has
identified himself/herself to me as a sworn state law enforcement officer, with the
necessary assistance of a computer forensic examiner, to make a full and complete
search of my computer(s), computer peripherals, cell phones and other electronic
storage media located at �· -----------------'---------

1 have been advised by the above law enforcement officer that law enforcement officers
are engaged in an investigation concerning an alleged violation of federal and/or state
laws pertaining to I do further
authorize and give permission to take from my , located at
---------------------------------'
any computer(s), computer peripherals, cell phones and other electronic storage media
which may have or might have connection, value or relevance as evidence in said
investigation.

The above law enforcement officer has fully and fairly advised me of my rights as
follows:

That I have a right to refuse consent to this search of my property.

That I have a right to consult with an attorney or any other person of my choice
prior to giving thi� consent and permission to search the above described
property.

That any computer(s), computer peripherals, cell phones and other electronic
storage media found by said officers in the course of their search can be used as
evidence against me or others in a court of law.

I fully understand and appreciate these rig·hts and wish that it be specifically understood
that I am hereby giving consent and permission to conduct the search of the
computer(s), related peripherals, cell phones and other electronic storage media solely
because of my desire to freely and voluntarily cooperate and assist in this investigation.
I have not been promised anything or been threatened or coerced jn any way; nor has
any inducement of any kind been held out to me in return for this consent and
permission to search.

Signed: ____________ Witness: _____________

Date I Time:---------- Witness:-------------

Location:. _____________________________
Office of the State Attorney 311 West Monroe Street
Fourth Judicial Circuit of Florida Jacksonville, Florida 32202-4242
www.sao4th.com Tel: (904) 255-2500

MELISSA W. NELSON
STATE ATTORNEY

To: Investigator Tim Adams Date: 08/29/2018

From: Investigator Tim Reddish

Subject: Interview Councilman Garrett Dennis

August 29, 2018, 1015 hours- I and Chief Investigator Tim Quick arrived at the office of Councilman Garret Dennis on the
4th
floor of City Hall. Councilman Dennis's Assistant, Sandra Lane- Smith was also present during the interview. After a
brief introduction, Chief Investigator Quick stated the purpose of the meeting. The councilman agreed to talk and said he
"knew all about the Sunshine Laws and he had nothing to hide". Investigator Quick asked if h� was aware of any
communication between council members after hours on the phone. The councilman stated "all he did was play golf and
he didn't have time for all of that". Before proceeding further, Investigator Quick presented the councilman with a
prepared letter from the State Attorney's Office. The Councilman reviewed the letter and stated that he would prefer to
speak with legal counsel before talking any further. I then told the councilman to be prepared to discuss any violations of
the Sunshine Laws committed either by him or other members of the City Council. After providing the councilman with
our business cards and advising him that he could call if he had any questions, we concluded the meeting. As we were
leaving the office the councilman said he would be in touch.

1030 hours- Meeting concluded.

Thank you,

Tim Reddish
Investigator
Homicide/Major Crimes
State Attorney's Office 4th Judicial Circuit
Office:904-255-2793
Cell: 904-832-3601
I; , . • I•

State Attorney's Office


SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Trew CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 08/29/2018

On August 29, 2018, at approximately 11:50 a.m., Jacksonville City Council Member Anne
Lopez Brosche (hereafter "Brosche") was interviewed in the parking lot of the Duval County
Supervisor of Elections Election Center, 1 Imeson Park Blvd., Jacksonville, Florida. During the
interview, Brosche provided the following information:

Brosche was not aware of any allegations, and did not have specific information, related to
possible Sunshine Law violations by members of the Jacksonville City Council (hereafter "City
Council").

Brosche has been in contact with other members of City Council outside of official hearings
or proceedings but not about City Council business. As an example, Brosche noted that she has
communicated with other City Council members regarding the times of meetings or whether one
of the members was going to an event.

Brosche said she has communicated with City Council Members Matt Schellenberg, Al
Ferraro, Sam Newby and Garrett Dennis outside of official hearings or proceedings as described
above. She identified Garrett Dennis as the council member she communicates with the most.
She also talks with John Crescimbeni sometimes and occasionally talks with Tommy Hazouri.

. Brosche did not know of any other members who were contacted by City Council members
about council matters outside of official hearings or proceedings.

Other than as described above, Brosche does not regularly contact other City Council
members for matters unrelated to council business.

Brosche was not aware of other council members who maintain regular contact for matters

ATTORNEY DATE'TYPED SECRETARY INVEST.IGATOR/ AUDITOR PAGE

Heavener 8/29/18 Adamsrrrew 1


,,:r ..

unrelated to council business.

Brosche indicated that she did not have a city issued telephone. She uses her personal mobile
phone to text her assistant and facilitate matters as described above but not otherwise for City
Council related matters.

Brosche did not know of other City Council members who use their personal phones, phone
apps and/or email addresses for City Council related matters.

Brosche mentioned that she attended a public notice hearing related to possible Sunshine Law
violations involving Council Members Garrett Dennis and Aaron Bowman. At some point,
Bowman had alleged Sunshine Law violations in relation to the City Council leadership elect'ion.
Brosche was also aware of some discussions about an article describing Sunshine Law violations
which mentioned three Assistant State Attorneys. She believed this article was in Florida Politics.

Brosche did not have any suggestions as to who else should be interviewed regarding these
allegations. She also did not have additional information to assist in the investigation at this time.

At the conclusion of the interview, Brosche read and signed the letter from Chief Investigator
Tim Quick related to the complaints about potential non-compliance with Florida's Government
in the Sunshine laws. The Investigators
I
agreed to provide Brosche a copy of the letter at a later
time. (Note: On the same date, Brosche requested, via text, that Investigator Adams not send the
copy via email. A copy of the text communications with Brosche will be maintained in the case
file.)

ATTORNEY DATE TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE.

Heavener 8/29/18 Adams/Trew 2


. STATE ATTORN e:v's OFFICE:
FOURTH .JUDICIAL CIRCUIT OF FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney1 s Office is investigating cornpla:ints of potential non-compliance with


Florida's Government :in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegati6ns. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, record:ings such as voice mails, electronic documents, text messages, or other
records ma:intained on hard drives or on network or shared drives or in databases, and hard
copy documents that :involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether conta:ined on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not :intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy,. conceal or remove any
records maintained on electronic devices, includ:ing personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

S:incerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
'. '

Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

Name (PRINT): Anna L..opc:-i Brorchc:.



Signature �

Date: <t/lq / i g

-2-
... ., ··. �·.
".
- ,..

State Attorney's Office


SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Trew CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 08/29/2018

· On August 29, 2018, at approximately 1 :30 p.m., Jacksonville City Council Member Tommy
Hazouri (hereafter "Hazouri") was interviewed in his office at Jacksonville City Hall, 117 W. Duval
Street, #425, Jacksonville, Florida. During the interview, Hazouri provided the following
information:

Hazouri was not aware of any allegations related to possible Sunshine Law violations by
members of the Jacksonville City Council (hereafter "City Council"). Hazouri noted, though, that
he did not recall any Sunshine notices when Anna Lopez Brosche became City Council President.
He said there may have been such notices, but he did recall any, and Brosche received the votes
necessary to be selected President.

Hazouri has not been contacted by another City Council member about council matters outside
of official hearings or proceedings.

Hazouri did not know of any other members who were contacted by City Council members
about council matters outside of official hearings or proceedings. He noted, though, that he was
the subject of a lawsuit related to Sunshine Law violations. The lawsuit details certain contacts
between City Council members.

Hazouri does not regularly contact other members of the City Council for matters unrelated to
council business. He had a few calls some time ago with other members but these contacts were
not about votes. The calls related to whether they had seen an article in the newspaper or similar
topics. Hazouri is in contact with current City Council President Bowman, though, because he
(Hazouri) is the Rules Chairman. Hazouri has talked with Bowman about process but nothing
substantive.

ATTORNEY DATE TYPED SECRETARY INVESTIGATOR I AUDITOR PAGE

Heavener 8/29/18 Adams/Trew 1


r ;; "' t ,. ·�

Hazouri did not know of any other council members who maintain regular contact for matters
unrelated to council business.

Hazouri said he does not use his personal phone, phone apps or email address for City
Council related matters except calls related to committee meetings, such as the length of the
meeting. Any other calls would have been about process and nothing substantive. He has had
more contacts with other City Council members since he became the Rules Chairman.

Hazouri did not know of any other City Council members who use their personal phone, phone
apps or email address for City Council related matters.

Hazouri was asked if he could suggest anyone else the Investigators should speak with about
these allegations. Hazouri responded that people in zoning who deal with the zoning commission
should be interviewed.

At the conclusion of the interview, Hazouri read and signed the letter from Chief Investigator
Tim Quick related to the complaints about potential non-compliance with Florida's Government
in the Sunshine laws. At the time, Hazouri invited Deputy General Counsels Jon R. Phillips and
. Margaret Sidman from the City of Jacksonville, Office of the General Counsel, into the interview.
Deputy General Counsel Phillips also reviewed the letter. Hazouri was provided with a copy of the
signed letter.

ATTORNEY DATE.TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE

Heavener 8/29/18 Adams/Trew 2


STATE ATTORNEY'S OFFICE
FOURTH .JUDICIAL CIRCUIT OF FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET

STATE ATTORNEY JACKSONVILLE, FLORIDA 32202


(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

1HE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.
/o n1 kt,\

-2-

CITY COUNCIL INTERVIEW


COUNCILMAN-MATT SCHELLENBERG
NOTE: There were 10 selected questions to ask each regarding allegations to the Sunshine
Laws. The following is just their responses.

1. No, He mentioned that Garret Dennis and Anna Brosche and a few others all voted the
same way and got leadership positions.
2. No·
3. No
4. No
5. Yes, church and to get to know each other meetings at the Local, Metro Dinner or a
location around Roosevelt and San Juan. ( o"' s«h,� ��...t � :� '7.":)t)e...:
_
6. No, keep to myself. . -
7. Yes, does not delete anything.
8. Anyone who does not have a City phone likely would use their personal phone
9. Garret Dennis, Reggie Gaffney and the Browns.
10. No, do not know.

Consent to Search-was signed

By: Investigator Smith W. and Detective T. McKenzie


City Council Member Questions

Before asking the following questions, explain that the SAO has received information pertaining
to allegations of potential non-compliance with Florida's Government in the Sunshine laws. As part of
the investigation into these allegations, the SAO is interviewing members of the City Council to
determine if anyone is aware of such violations or has information that can assist the investigation.

1. Are you aware of any allegations related to possible Sunshine Law violations by members of
the City Council? If so, how did you find out about the allegations?

2. Do you have specific information related to possible violations of the Sunshine Laws?

3. Have you ever been contacted by another Jacksonville City Council member about council
matters outside of official hearings or proceedings? If so, please explain. How did you
handle the contact?

4. Do you know of any other members who were contacted by City Council members about
council matters outside of official hearings or proceedings?

5. Do you regularly contact any other members of the City Council for matters unrelated to
council business? If so, who and what are the matters discussed?

6. Do you know of other council members who maintain regular contact for matters unrelated
to council.business? If so, who and what are the matters discussed?

7. Do you use your personal phone, phone apps (WhatsApp etc.) and/or email address for City
Council related matters? If so, how do you preserve records and information as required
under the Sunshine Law?

8. Do you know of other City Council members who use their personal phone, phone apps
and/or email address for City Council related matters?

9. Can you suggest anyone else we should talk to about these allegations?

10. Any other information you can provide to assist this investigation?

Ask the interviewee if he/she would be willing to provide consent to search his/her mobile
telephone(s), telephone apps (WhatsApp etc.) and/or email address(es) for information related
to these allegations. If so, please use the attached consent form.

At the conclusion of the interview, serve the interviewee with the attached letter.
CONSENT TO SEARCH

COMPUTER(S), COMPUTER PERIPHERALS, CELL PHONES & OTHER


ELECTRONIC STORAGE MEDIA

do hereby authorize and give my


'----'-�c..J-..--"�---'-:i'-+.>=..::..,-__;;_..c.<-71----=:----7-------'
-.r.£.""-"'-�c.L+---�<-,e-L--4----------------' who has
identified himself/herself to me as a sworn state law enforcement officer, with the
necessary assistance of a computer forensic examiner, to make a full and complete
search of my computer(s), uter peripherals, cell phones and other electronic
storage media located at:·. �,e :°"

I have been advised by the above law enforcement officer that law enforcement officers
are engaged in an investigation concerning an alleged violation of federal and/or state
laws pertaining to I do further
authorize and give permission to take from my , located at
---------------------------------'
any computer(s), computer peripherals, cell phones and other electronic storage media
which may have or might have connection, value or relevance as evidence in said
investigation.

The above law enforcement officer has fully and fairly advised me of my rights as
follows:

That I have a right to refuse consent to this search of my property.

That I have a right to consult with an attorney or any other person of my choice
prior to giving this consent ·and permission to search the above described
property.

That any computer(s), computer peripherals, cell phones and other electronic
storage media found by said officers in the course of their search can be used as
evidence against me or others in a court of law.

I fully understand and appreciate these rights and wish that it be specifically understood
that I am hereby giving consent and permission to conduct the search of the
computer(s), related peripherals, cell phones and other electronic storage media solely
because of my desire to fre and voluntarily cooperate and assist in this investigation.
I have not been promise a thing or been threatened or coerced in any way· or has
any induce. nt of a k" d been held out to me in return foe ent and
permission t'

Witness: } · (
Certificate of Understanding

-2-
CITY COUNCIL INTERVIEW
COUNCILMAN-DANNY BECTON
NOTE: There were 10 selected questions to ask each regarding allegations to the Sunshine
Law·s. The following is just their responses.

1. No
2. No
3. No
4. No
5. No
6. No, keep to myself.
7. Yes, only has the one cellphone and it is used Council related matters, times, places etc.
8. No
9. No
10. No

Consent to Search-was not really up to signing without further research of what was being
asked.

By: Investigator Smith W. and Detective T. McKenzie


City Council Member Questions

Before asking the following questions, explain that the SAO has received information pertaining
to allegations of potential non-compliance with F'lorida's Government in the Sunshine laws. As part of
the investigation into these allegations, the SAO is interviewing members of the City Council to
determine if anyone is aware of such violations or has information that can assist the investigation.

1. Are you aware of any allegations related to possible Sunshine Law violations by members of
the City Council? If so, how did you find out about the allegations?

2. Do you have specific information related to possible violations of the Sunshine Laws?

3. Have you ever been contacted by another Jacksonville City Council member about council
matters outside of official hearings or proceedings? If so, please explain. How did you
handle the contact?

4. Do you know of any other members who were contacted by City Council members about
council matters outside of official hearings or proceedings?

5. Do you regularly contact any other members of the City Council for matters unrelated to
council business? If so, who and what are the matters discussed?

6. Do you know of other council members who maintain regular contact for matters unrelated
to council business? If so, who and what are the matters discussed?

7. Do you use your personal phone, phone apps (WhatsApp etc.) and/or email address for City
Council related matters? If so, how do you preserve records and information as required
under the Sunshine Law?

8. Do you know of other City Council members who use their personal phone, phone apps
and/or email address for City Council related matters?

9. Can you suggest anyone else we should talk to about these allegations?

10. Any other information you can provide to assist this investigation?

Ask the interviewee if he/she would be willing to provide consent to search his/her mobile
telephone(s), telephone apps (WhatsApp etc.) and/or email address(es) for information related
to these allegations. If so, please use the attached consent form.

At the conclusion of the interview, serve the interviewee with the attached letter.
CONSENT TO SEARCH

COMPUTER(S), COMPUTER PERIPHERALS, CELL PHONES & OTHER


ELECTRONIC STORAGE MEDIA

I, , do hereby authorize and give my


permission to y� , who has
identified himself/herself to me as a sworn state law enforcement officer, with the
necessary assistance of a computer forensic examiner, to make a full .and complete
search of my compute�(s), computer peripherals, cell phones and other electronic
storage media located at:_. -----------------------

! have been advised by the above law enforcement officer that law enforcement officers
are engaged in an investigation concerning an alleged violation of federal and/or state
laws pertaining to I do further
authorize and give permission to take from my , located at
---------------------------------'
any computer(s), computer peripherals, cell phones and other electronic storage media
which may have or might have connection, value or relevance as evidence in said
investigation.

The above law enforcement officer has fully a_nd fairly advised me of my rtghts as
follows:

That I have a right to refuse consent to this search of my property.

That I have a right to consult with an attorney or any other person of my choice
prior to giving thi� consent ·and permission to search the above described
property.

That any computer(s), computer peripherals, cell phones and other electronic
storage media found by sai.d officers in the course of their search can be used as
evidence against me or others in a court of law.

I fully understand and appreciate these rights and wish that it be specifically understood
that . I am hereby giving consent and permission to conduct the search of the
computer(s), related peripherals, cell phones and other electronic storage media solely
because of my desire to freely and voluntarily cooperate and assist in this investigation.
I have not been promised anything or been threatened or coerced in any way; nor has
any inducement of any kind been held out to me in return for this consent and
permission to search.

Signed: ____________ Witness: _____________

Date I Time: __________ Witness: -------------

Location:-----------------------------
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will

-2-
..

City Council Jim Love interview:

08/31/18@ 0740hrs

On the above listed date and time, Myself (Inv. J.E. Sheppard) and Inv. J.J. Thurne met with City Council
Jim Love and his City Counsel attorney Jon Phillips in reference to this case. I explained that the State
Attorney's office has received information pertaining to allegations of potential non-compliance with
Florida's Government in the Sunshine laws. I also explained that as part of the investigation into these
allegations, the SAO is interviewing members of the City Council to determine if anyone is aware of such
violations or has information that can assist the investigation. Both Mr. Love arid his attorney Jon Phillips
agreed to continue the meeting and answer some of our questions.

I asked Mr. Love if he was aware of any allegations related to possible Sunshine Law violations by
members of the City Council. He replied by saying "No, not before the investigation started". Mr. Love
stated that he didn't have specific information related to possible violations of.the Sunshine laws.

I asked Mr. Love if he had ever been contacted by another Jacksonville City Council member about
council matters outside of official hearing or proceedings. He replied by saying 'No". I asked if he knew
of any other members who were contacted by City Council members about council matters outside of
official hearings or proceedings. He replied by saying "No".

I asked Mr. Love if he regularly contacted any other members of City Council for matters unrelated to
( council business. He replied by saying 'No". I asked Mr. Love if he knew of other council members who
maintain regular contact for matters unrelated to council business. He replied by saying "No".

I asked Mr. Love if he used his personal phone, phone apps (WhatsApp etc.) and/or email address for
City Council related matters. He replied by saying "Yes". I then asked Mr. Love ho,w does he preserve
records and information as required under the Sunshine Law. He replied by saying "I never delete text
messages or emails". I then asked Mr. Love if he knew of other City Council members who use their
personal phone, phone apps and/or email address for City Council related matters. He replied by saying
"Yes".

I asked Mr. Love if he could suggest anyone else we should talk to about these allegations. He replied by
saying "No". I asked Mr. Love if he had any other information he could provide to assist this
investigation. He replied by saying "No". I asked Mr. Love if he would be willing to provide consent to
search his mobile telephone(s), telephone(s) apps, (WhatsApp etc.) and/or email address(es) for
information related to these allegations. He replied by saying "I do not want a broad search but will
respond to public records request". Mr. Love did not sign the consent to search form.

At the conclusion of the interview, Mr. Love was given the attached letter explaining the reason for the
interview and about preserving all electronically stored information. He signed at dated that he has
read, fully understands, and will comply with the letter. (See attached letter). No more information was
obtained at this time.
STATE ATTORN Ev's 0F"F"ICE
FOURTH .JUDICIAL CIRCUIT OF" FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE:, FLORIDA 32202
STATE: ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government :in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such .as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understand:ing

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warn:ing above.

' { _¥l_:__�'T�--�-----
Name (PRINT):-=--��...-=-

Signature__-,,-"--+--'------''="""'--""'=---------

Date: 2;- 3/-

-2-
,. J

Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.
� -
Name (PRINT):.-=__,�[ _tr)_. -----,,"l--------

Signature__"?""---i-�---=----------------

Date: ?r- 3 /-

-2-
STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Investigator T. Adams DATE: August 31, 2018

FROM: Det. T. C. McKenzie Jr. ID# 6981 DEF: None

S.A. CASE
NO.:

RE: JACKSONVILLE CITY COUNCIL INVESTIGATION

On Friday, August 31, 2018, at approximately 1000, Investigator W. Smith and I reported to Jacksonville City Hall
for the purpose of meeting with Jacksonville City Council member Lori Boyer. During the interview council member Boyer
was .presented with a letter, which she signed acknowledgement of, explaining that our office was investigating complaints
of potential non-compliance with Florida's Government in, the Sunshine laws.

Council member Boyer advised us in the presence of her attorney, John Philips (General Counsel's Office), that
_.,e was not aware of allegations related to possible Sunshine Law violations by members of the Jacksonville City
Council. She further advised us that she has not been contacted by another City Council member about council matters
outside of official hearings or proceedings, nor did she know of any other members who were contacted under the same
circumstances.

Council member Boyer advised us that she had a city issued cell phone that she used to communicate and
conduct council business. She also advised us that she has a website, loriboyer.org; where she posts newsletters about
City Council District News.

Council member Boyer declined to give consent to search of her computer(s), computer peripherals, cell phone &
other electronic storage media under the advice of her counsel.

!NV_ Investigative Memos Page 1 of 1


STATE ATTO RN EV'S OF'F'ICE
FOURTH JUDICIAL CIRCUIT OF' FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202.
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant :information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council. matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

, Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

Name (PRINT): Lor i BO ye r


Signature � i._, �
Date: kg E{,. ,;zo, t

-2-
STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: DATE: September 5, 2018

FROM: Inv JJ Thurne DEF: INVESTIGATIVE SUBPOENA

S.A. CASE NO.: 18SA015842AD

RE: INTERVIEW OF AL FERRARO

On 09-05-2018 at approximately 1130hrs, Investigator John Sheppard and I met with Al Ferraro at City Hall in reference to
conducting an interview regarding potential non-compliance with Florida's Government in the Sunshine laws. Attorney Jon
Phillips was also present during the interview. Mr Ferraro agreed to answer the questions in reference to the above listed
allegations.

I asked Mr Ferraro if he was aware of any of the listed allegations. He replied. "No". I asked if he had any specific information
about Sunshine laws violations. He replied ,"no". Mr Ferraro answered the next 8 questions with "no". He did advise that he will
set up appointments with his secretary using his phone from time to time. Mr Ferraro advised that he doesn't have any social
contact with any other Council members.

Mr Ferraro did read and sign the letter requiring him to not delete, alter, destroy, conceal, or remove any records maintained on
'"'?tronic devices.
(

_J

!NV_ Investigative Memos Page 1 of 1


,,

STATE ATTORNEY'S OF'F'ICE


FOURTH .JUDICIAL CIRCUIT OF' FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been i':1entified as someone who mfl-y
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
CC?mmunications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to p�event the deletion of potentially relevant ESI, either
:intentionally or not :intentionally, through auto-deletion practices.

Ple�se be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, :including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution�

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
\

Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

A� Fen f'l ;'r n_,,CJ


,f{L /
Name (PRINT):

Signature

Date: $�rr. 7£{ Por8

-2-
'
,,,, •• ,
-'
-1.J

State Attorney's Office


SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Reddish CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/06/2018

· On September 5, 2018, at approximately 4:00 p.m., Jacksonville City Council Member Bill
Gulliford (hereafter "Gulliford") was interviewed in his office at Jacksonville City Hall, 117 W.
Duval Street, #425, Jacksonville, Florida. Deputy General Counsel Jon R. Phillips from the City
of Jacksonville, Office of the General Counsel, was also present for the interview. During the
interview, Gulliford provided the following information:

Gulliford was not aware of any allegations, and did not have any specific information, related
to possible Sunshine Law violations by members of the Jacksonville City Council (hereafter "City
Council").

Gulliford has not been contacted by other City Council members about council matters outside
of official hearings or proceedings.

Gulliford did not know of any other members who were contacted by City Council members
about council matters outside of official hearings or proceedings.

Gulliford does not regularly contact other members of the City Council for matters unrelated
to council business, He has talked with Doyle Carter about Carter's campaign for Tax Collector.

Gulliford did not know of other City Council members who maintained regular contact for
matters unrelated to council business.

Gulliford uses his personal cell phone for council related matters and preserves all
communications.

Gulliford had no knowledge of other City Council members using personal phones, phone apps

. ATIORNE.Y DATE TYPED SECRETARY INVESTIGATOR /-AUDITOR PAGE

Heavener 9/6/18 Adams/Reddish 1


and/or email addresses for City Council related matters.

Gulliford did not have any suggestions as to who else should be interviewed regarding these
allegations. He also did not have additional information to assist this investigation.

Gulliford described himself as being fairly isolated on the City Council recently.

At the conclusion of the interview, Gulliford read and signed the letter from Chief Investigator
Tim Quick related to the complaints about potential non-compliance with Florida's Government
in the Sunshine laws. The Investigators agreed to provide Gulliford with a copy of the letter at a
later date.

(
rr

ATTORNEY DATE.TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE

Heavener 9/6/18 Adams/Reddish 2


STATE ATTORN Ev's 0F"F"ICE
FOURTH .JUDICIAL CIRCUIT OF" FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY (904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential ,non-compliance with


Florida's .Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
· public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the· deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile ph�nes,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

Name (PRIN

Date: q/:,} :1-at-g


I I

-2-
State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Chief Investigator Quick, Investigator Adams CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/05/2018

. On September 5, 2018, at approximately 12:30 p.m., Jacksonville City Council President


Aaron Bowman (hereafter "Bowman") was interviewed in his office at Jacksonville City Hall, 117
W. Duval Street, #425, Jacksonville, Florida. Deputy General Counsel Jon R. Phillips from the
City of Jacksonville, Office of the General Counsel, was also present for the interview. During the
interview, Bowman provided the following information:

Bowman explained that the leadership election for the Jacksonville City Council (hereafter "City
Council") is typically held during the third week of May. In January, if a City Council member is
int�rested in a leadership position, that member sends a letter to the City Council expressing an
interest in being considered. That member then schedules meetings with the City Council
members to discuss further.

A Special Council meeting is held to elect the Vice President and President of the City Council.
Bowman explained that pledge letters may also be submitted at meetings for the members to
show support for a particular candidate. The pledge letters, though, are not binding.

In January of 2018, Bowman sent a letter to the City Council members expressing his interest
in being considered for a leadership position. Sometime after sending the letter, Bowman had
meetings with City Council members.

By the end of March of 2018, Bowman believed he had fourteen (14) City Council members
who supported him for a leadership position. As such, he believed he would win the election for
President of the City Council.

In late January or early February, a City Council member told Bowman that another City
Council member, Garrett Dennis (hereafter "Dennis"), was trying to sway the City Council vote for
President. Bowman was also told that Dennis was talking bad about him (Bowman).

ATTORNEY DATE TYPED SECRETARY INVESTIGATOR /AUDITOR PAGE

Heavener 9/05/18 Quick/Adams 1


Approximately two to three weeks later, a different City Council member came to Bowman and
told him Dennis was trying to get the member to influence the vote. This same City Council
1 member contacted Bowman approximately two weeks later and repeated what he or she
previously said about Dennis and added that Dennis said Bowman could not be trusted because
he (Bowman) had committed to running for Vice President but then changed to run for President..

In approximately the beginning of May 2018, possibly on the weekend of The Players
Championship, Bowman was told that Dennis had also talked with two other City Council
members. Bowman contacted these members and asked if Dennis attempted to convince them
not to vote for Bowman. These City Council members told Bowman that Dennis had explained
to them the reasons he (Dennis) could not vote for Bowman.

Bowman then called Dennis and confronted him about his contacts with the other City Council
members. Bowman tolq Dennis he was tired of him (Dennis) trying to influence the City Council
President election and to stop. Dennis denied that he was involved in efforts to influence the
election. Bowman told Dennis that his actions were a violation of the Sunshine Laws and that they
should meet with Carla Miller (hereafter "Miller"). Bowman also emailed Miller about this matter.
(Note: Miller is the Director of the City of Jacksonville Office of Ethics, Compliance and Oversight).

An hour or two after Bowman contacted Dennis, Dennis sent an email to Bowman indicating
that he (Dennis) would only address these allegations in a public meeting. Bowman responded,
via email, that he would not address the matter at a public hearing. Dennis later held the public
meeting but Bowman did not attend. The day after the public hearing, Bowman spoke with Miller
about this matter.

Bowman has not heard anything further related to this matter or Dennis. As far as he
(Bowman) knew, Dennis had stopped talking with the other City Council members as he
(Bowman) had explained to the Investigators. Bowman also noted that Dennis actually voted for
him for City Council President. Bowman did not have additional information about possible
Sunshine Law violations.

Bowman has attempted to build what he described as a tight team of City Council members.
He has attempted to do this through attendance together at football games, a hockey game and
two to three lunches. He did not believe, though, that these efforts were productive. City Council
matters were never discussed at these events.

Bowman explained that approximately ninety percent of the City Council votes are unanimous.
Most issues are submitted through a committee. Consequently, the City Council members
generally have an idea of how a vote will result once it is submitted to the City Council for a final
vote.

Bowman does not have a city issued telephone. He uses his personal phone to communicate
with other City Council members. Bowman has a personal email address in addition to his City
of Jacksonville (COJ) email account. Sometimes he receives City Council related emails in his
personal email account. When this happens, he typically changes his personal email address on
the communication to ensure it is associated with his COJ email account. Bowman also takes

ATTORNEY' DATE.TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE

Heavener 9/05/18 Quick/Adams 2


precautions to ensure the emails are preserved properly.

Bowman does not use phone apps to communicate with other City Council members. He does
text occasionally with other City Council members, though. As an example, he may wish them a
Happy Fourth of July via text. Bowman does not, however, communicate with them about City
Council business, such as legislative or process matters.

Brown explained that the recent hurricanes in Jacksonville highlighted the need for the City
Council members to be able to communicate. As such, Bowman has all of the cell phone numbers
of the other City Council members.

Bowman pointed out that he had previously been the subject of a lawsuit related to text
message communications made in violation of the Sunshine Laws. He mentioned that this lawsuit
was an eye opener for him regarding the requirements of the laws. The lawsuit has since been
settled in relation to Bowman.

According to Bowman, Miller previously advised the City Council members that they should
not discuss leadership matters outside of the City Council meetings.

Bowman is interested in looking into the leadership election process due, in part, to issues
related to possible Sunshine Law violations. His primary reason for looking into the process,
though, relates to occasions when City Council members expect to be elected to certain positions,
and invite family and friends to hear the election results. They are sometimes embarrassed when
the results are announced and they are not elected.

At the conclusion of the interview, Bowman read and signed the letter from Chief Investigator
Tim Quick related to the complaints about potential non-compliance with Florida's Govemment
in the Sunshine laws. The Investigators agreed to provide Bowman with a copy of the letter at a
later date.

ATTORNEY DATE TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE

Heavener 9/05/18 Quick/Adams 3


STATE ATTORNEY'S 0F"F"ICE
FOURTH �UDICIAL CIRCUIT OF" FLORIDA

MELISSA WILLIAMSON Ne:LSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florid<;1-' s Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to elech·onic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

-2-
State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/06/2018

On September 6, 2018, at approximately 3:10 p.m., Jacksonville City Council Member John
Crescimbeni (hereafter "Crescimbeni") was interviewed in his office at Jacksonville City Hall, 117
W. Duval Street, #425, Jacksonville, Florida. Deputy General Counsel Jon R. Phillips from the City
of Jacksonville, Office of the General Counsel, was also present for the interview. During the
interview, Crescimbeni provided the following information:

Crescimbeni was aware of a notice meeting in May of 2018 held by Jacksonville City Council
(hereafter "City Council") Member Garrett Dennis (hereafter "Dennis"). Crescimbeni could not
recall tfle details of the hearing but believed it involved possible Sunshine Law violations.
f
Crescimbeni did not have specific in ormation related to possible violations of Sunshine Laws
but has had colleagues inadvertently start conversations with statements he considered to
possibly be related to City Council business. When this occurred, Crescimbeni stopped the
conversations to ensure City Council business was not discussed. Crescimbeni has not otherwise
been contacted by another City Council member about council matters outside of official hearings
or proceedings.

Crescimbeni did not know of any City Council members who were contacted by other members
about council matters outside of official hearings or proceedings. Crescimbeni did, however, point
out two situations which raised concerns for him about communications between City Council
members.

The first situation involved the controversy related to the sale of the Jacksonville Electric
Authority (hereafter "JEA"). During this controversy, City Council Member Anna Lopez Brosche
("Brosche"), who was President at the time, formed a committee for which Crescimbeni was the
Chairman. At one of the committee meetings, Brosche decided to take statements under oath and

DAT.ET.'f.PEO. SECRl:'rARY INVES:rlG.A:TO.Ft/·AUDITOR

Heavener 9/06/18 Adams/Zipperer 1


use subpoenas. The next committee meeting was held a short time later. During this meeting, one
of the committee members made a motion to disband the committee. The.. motion received
significant support but narrowly failed. Crescimbeni could not understand how so many committee
members were in agreement with a motion that was unexpecfod.

Crescimbeni also described a situation during the time he was the Vice President of the City
Council. At the time, he decided to run for City Council President. Usually, the Vice President is
elected President for the next term. Crescimbeni lost, however, to Brosche by a vote of eleven to
eight. Crescimbeni noted that City Council members Katrina Brown, Garrett Dennis, Reggie
Brown and Reginald Gaffney had voted for Brosche. After the election, all of these City Council
members were selected for the City Council Finance Committee. Crescimbeni described this
committee as very significant since it involved the approval of funding. Crescimbeni added that
most of the City Council members wanted to be on this committee. Dennis was the Chairman of
this committee at the time.

Crescimbeni also noted that in one of the City Council elections, Gaffney pledged to vote for
�mother City Council member for Vice President but eventually voted for Crescimbeni. When
Crescimbeni ran for President, however, Gaffney did not vote for him.

Crescimbeni denied that he was ever approached about a block of votes in relation to City
Council elections.

Crescimbeni occasionally communicates with City Council member Bill Gulliford (hereafter
"Gulliford") about matters unrelated to City Council business. As an example, he texted Gulliford
about a cabin he saw when he was in New Mexico during a time when Gulliford was in Montana:

Crescimbeni was not aware of other City Council members who maintained regular contact
for matters unrelated to council business.

Crescimbeni does not have a phone issued by the City of Jacksonville (COJ). The COJ
provides him with an allowance based on his phone bill. Crescimbeni did not believe any of the
other City Council members had COJ issued phones. Any communications Crescimbeni would
be required to preserve are maintained on his phone. He does not have any other specific
mechanism to preserve communications.

Although he did not have specific information, Crescimbeni suggested that individuals in the
COJ Mayor's Office who were involved with the JEA matter may have information related to
possible Sunshine Law violations.

At the conclusion of the interview, Crescimbeni read and signed the letter from Chief
Investigator Tim Quick related to the complaints about potential non-compliance with Florida's
Government in the Sunshine laws. He was also provided with a copy of the signed letter.

· ATIORNEY.-·. . . INVES'l'IGA-T.OR;./AUDITOR: •

• •

PAGE:

Heavener 9/06/18 Adams/Zipperer 2


. STATE ATTORNEY'S 0F'F"ICE
FOURTH .JUDICIAL CIRCUIT OF' FLORIDA

M E:LISSA WILLIAMSON NELSON 311 WEST MONROE STREET


STATE ATTORNEY JACKSONVILLE, FLORIDA 32202
(904) 255-3002
MWNELSON@CO.J.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant :information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information ( or "ESI") or hard copy
documents or other records related to this matter, including but not l:im:ited to electronic
comrn.unications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
. computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

�::::-Ce=""'"""..,,_,,/
.Z2 C�_L
Name (PRINT):

Signature

Date: �tJ6:20/t'

-2-
STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Investigator T. Adams DATE: September 6, 2018

FROM: Detective T.C. McKenzie Jr. ID# 6981 DEF:

S.A. CASE NO.: Jacksonville City Council Investigation

RE: JACKSONVILLE CITY COUNCIL MEMBER MATT SCHELLENBERG'S WITHDRAWAL OF CONSENT TO


SEARCH

On Thursday, Septembe'r 06, 2018, at approximately 1407, I spoke with General Council member John Philips via
telephone. He advised me that he represented all the members of the Jacksonville City Council, and further advised me that
council_member Matt Schellenberg wished to withdraw his consent to search.

INV lnvestiaative Memos Page 1 of 1


STATE AITORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Tim Adams DATE: September 7, 2018

FROM: T.C. O'Steen

REFERENCE: Interview of Councilman Greg Anderson

On 09/07/2018, 1315 hrs, I and Inv. Dave Bisplinghoff went to City Hall and interviewed
Councilman Greg Anderson in reference to the SAO receiving information pertaining to allegations of
potential non-compliance with Florida's Government in the Sunshine laws. Also present during the
interview was General Counsel John Phillips. Below are Councilman Anderson's answers to the
questions asked.

1) Anderson was asked if he was aware of any allegations related to possible Sunshine Law violations
by any member of the City Council. If so, how did he find out about the allegations?
Reply - Anderson was not aware of any allegations except that he heard Councilman Garrett Dennis
had mentioned it at a notice meeting. Anderson said he did not attend that meeting.

2) Anderson was asked if he had any specific information related to possible violations of the Sunshine
Laws.
Reply - Anderson said no.

3) Anderson was asked had he ever been contacted by another Council Member about council matters
outside of official hearings or proceedings and if so please explain.
Reply - Anderson said he has not.

4) Anderson was asked if he knew of any other members who were contacted by other council members
about council matters outside of official hearings or proceedings.
Reply - Anderson said no.

5) Anderson was asked if he regularly contacts any other members of the city council for matters
unrelated to council business. If so, who and what are the matters discussed.
Reply - Anderson said no. He said he does golf on occasion with Councilman Jim Love but no
business related conversations are ever discussed.

6) Anderson was asked if he knew of any other members who maintain regular contact for matters
unrelated to council business and if so who and what matters were discussed.
Reply - Anderson said no.

7) Anderson was asked if he used his personal phone, phone apps (WhatsApp etc) and/or email
address for city council related matters and if so how did he preserve records and information as
required by the Sunshine Law.
Reply - Anderson advised that his personal iPhone does have access to 3 email accounts; the city
account, his personal account and his business account. He is very careful to keep the accounts
separate and would never delete anything,

8) Anderson was asked if he knew of any other council members who use their personal phone, phone
apps and/or email address for city council related matters.
Reply - Anderson said no.

9) Anderson was asked if he knew of anyone else we should talk to about these allegations
Reply - Anderson said no.

ll\.1\/ lnuo.cfin!lti\/a �'1omnc. PAm, 1 of 2


STATE ATTORNEY'S OF'F'ICE
FOURTH .JUDICIAL CIRCUIT OF FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should prese;rve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matte!, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
ve.

Signature___,,,,
. C........,,�'-----------------

Date: Cj_
I
lz I{ Ig

-2-
STATE ATIORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Tim Adams DATE: September 7, 2018

FROM: T.C. O'Steen

REFERENCE: lnteNiew of Councilman Sam Newby

On 09/07/2018, 1300 hrs, I and Inv. Dave Bisplinghoff went to City Hall and inteNiewed
Councilman Sam Newby in reference to the SAO receiving information pertaining to allegations of
potential non-compliance with Florida's Government in the Sunshine laws. Also present during the
inteNiew was General Counsel John Phillips. Below are Councilman Newby's answers to the questions
asked.

1) Newby was asked if he was aware of any allegations related to possible Sunshine Law violations by
any member of the City Council. If so, how did he find out about the allegations? ·
Reply - Newby was not aware of any allegations except when Councilman Garrett Dennis mentioned
it at a notice meeting in May 2018.

2) Newby was asked if he had any specific information related to possible violations of the Sunshine
Laws.
Reply - Newby said no.

3) Newby was asl<ed had he ever been contacted by another Council Member about council matters
outside of official hearings or proceedings and if so please explain.
Reply -Newby said no unless if someone may have called to ask when a meeting started.

4) Newby was asked if he knew of any other members who were contacted by other council members
about council matters outside of official hearings or proceedings.
Reply - Newby said no.

5) Newby was asked if he regularly contacts any other members of the city council for matters unrelated
to council business. If so, who and what are the matters discussed.
Reply - Newby so no. He did say 2-3 years ago he and his wife went to dinner with Danny Becton
and his wife. The wives are friends. No council matters were discussed.

6) Newby was asked if he knew of any other members who maintain regular contact for matters
unrelated to council business and if so who and what matters were discussed.
Reply - Newby said he has not seen any other members maintaining any regular contact with each
other.

7) Newby was asked if he used his personal phone, phone apps (WhatsApp etc) and/or email address
for city council related matters and if so how did he preseNe r�cords and information as required by
the Sunshine Law.
Reply - Newby advised he does not use a personal phone for council related matters and he has no
personal email.

8) Newby was asked if he knew of any other council members who use their personal phone, phone
apps and/or email address for city council related matters.
Reply - Newby said no.

9) Newby was asked if he knew of anyone else we should talk to about these allegations
Reply - Newby said no, not that he knew of.

INV_ lnvestigaUve Memos Page 1 of2


10) Newby was asked if he had any other information that could assist us in our investigation.
Reply Newby said no.

Newby was asked to sign a consent to search form for his cell phone and other media storage. He
said he would not sign a consent but his information can be obtained through public records requests.
Newby signed the letter requesting him to preserve all electronically stored information or other
records related to this matter.

IP..1\/ ln\10.e-+ir,<:::1+iu.o. fi..'1omnc Paae 2 of2


STATE ATTORNEY'S OFFICE
FOURTH JUDICIAL CIRCUIT OF FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

Name (PRINT): ,5c, vY\U G I fl) {;L) b \/


Signature�
fl_ I t:t---- I

Date: °I - 0 1 - / Y

-2-
/r! , ."l'j"·.

State Attorney's Office


SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, lpvestigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/10/2018

On September 10, 2018, at approximately 10:30 a.m., Jeneen Sanders, Executive Council
Assistant (ECA) to Jacksonville City Council Member Anna Lopez Brosche (hereafter "Brosche")
was interviewed in the City of Jacksonville (COJ), Office of the General Counsel (OGC), 117 W.
Duval Street, #480, Jacksonville, Florida. Deputy General Counsel Jon R. Phillips from the COJ­
OGC was also present for the interview. During the interview, Sanders provided the following
information:

Sanders has been the ECA for Brosche since approximately July of 2015. As the ECA, she
manages the office and primarily has administrative duties.

Sanders was not aware of any Sunshine Law violations related to the Jacksonville City Council
· (hereafter "City Council"). She was also not aware of any City Council Members or their ECAs who
maintain regular contact about matters unr�lated to council business.

Sanders does not have a COJ issued telephone. She uses her personal phone to contact
Brosche when necessary. Sanders mainly uses email to communicate with her (Brosche) but
sometimes contacts her via text, if needed.

Sanders explained that most of her communications related to City Council matters are with
the other ECAs. This includes in person contact, phone, text and em.ail communications. She uses
whichever method of communication is most efficient at the time.

Sanders was informed that the investigation into possible Sunshine Law violations related to
the City Council has identified over seventeen hundred (1700) calls between her (Sanders) and
City Council Member Garrett Dennis (hereafter "Dennis"). This occurred over an approximate six
to seven month period of time. Sanders said she and Dennis are friends but did not want to

·
· A<TT.ORNEY. . · · DAT.E'TYPED, . . ... SECRE:TAR.Y: . • : INV.E�:TIGATOR.i AUDITOR: . . ' ·PAGE...

Heavener 9/10/18 Adams/Zipperer 1


provide additional information. She added that none of her communications with Dennis related
to City Council business. She indicated that they have been friends since approximately 2015.

In discussing communications related to this matter, Sanders said she was not aware of any
efforts to block caller identification.

Sanders described Brosche and Dennis as being both colleagues and friends. She did not
have additional information related to their relationship, however, and noted that Brosche does
not tell Sanders about her (Brosche) contacts or communications. Additionally, Brosche has not
asked Sanders to facilitate contacts on her (Brosche) behalf.

Sanders and Dennis have maintained their friendship and contacts. She did not know if the
frequency of their contacts have changed. Sanders does not have the same type of relationship
with other City Council members.

Sanders was also not aware of anything that had changed in the relationship between Brosche
and Dennis. She did not know if Brosche had the same type of relationship with other City Council
members.

Sanders has maintained her same cell phone number.

At the conclusion of the interview, Sanders was provided with the letter from Chief Investigator
Tim Quick related to the complaints about potential non-compliance with Florida's Government
in the Sunshine laws. Sanders informed the Investigators that she would not sign the letter.

. . , ..
ATTORNEY DATE'l'.YPED· SECRETAR iNV.ESTIGA'FCiR'.IAUQITOR
Y

Heavener 9/10/18 Adams/Zipperer 2


STATE ATTORNEY'S OF'F'ICE
FOURTH .JUDICIAL CIRCUIT OF' FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office fa investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails{ electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take nec;essary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devic�s may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully llllderstands, and will
comply with the warning above.

N ame (PRINT): _______________

Signature___________________

Date:______

,J..e� �ct� � tv �lr-­

q( 10/ l0

-2-
STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Tim Adams DATE: September 10, 2018

FROM: Tim Reddish

REFERENCE: Interview of Councilwoman Ju'Coby Pittman

On 09/10/2018, 1400 hours, Investigator Tim Adams and I interviewed Councilwoman Ju'Coby
Pittman in her office at City Hall. The interview was in response to our office (SAO), receiving information
pertaining to allegations of potential non-compliance with Florida's Government in the Sunshine laws.
Also present during the interview was General Counsel Attorney Jon Phillips. Listed below are
Councilwoman Pittman's responses to the pre-prepared questions she was asked to answer.

1) Pittman was asked if she was aware of any allegations related to possible Sunshine Law violations by
any member of the City Council. If so, how did she find out about the allegations?
Reply - Pittman was not �ware of any allegations.

2) Pittman was asked if she had any specific information related to possible violations of the Sunshine
Laws.
Reply - Pittman said she had only been a member of the council for a couple of months after being
appointed by the Governor; she had no knowledge of any violations.

3) Pittman was asked if she had ever been contacted by another Council Member about council matters
outside �f official hearings or proceedings and if so to please explain.
Reply - Pittman said no.

4) Pittman was asked if she knew of any other members who were contacted by other council members
about council matters outside of official hearings or proceedings.
Reply - Pittman said no.

5) Pittman was asked if she regularly contacts any members of the city council for matters unrelated to
council business. If so, who and what are the matters discussed.
Reply - Pittman said no.

6) Pittman was asked if she knew of any other members who maintain regular contact for matters
unrelated to council business and if so who and what matters were discussed.
Reply - Pittman said no.

7) Pittman was asked if she used her personal phone, phone apps (WhatsApp etc.) and/or email
address for city council related matters and if so how did she preserve records and information as
required by the Sunshine Law.
Reply - Pittman advised she did use her personal phone because she did not have a city issued
phone yet and she said she would be getting one soon. She said she would preserve her personal
phone information accordingly. She said she did not use her personal email for council related
matters.

8) Pittman was asked if she knew of any other council members who use their personal phone, phone
apps and/or email address for city council related matters.
Reply - Pittman said no.

9) Pittman was asked if she knew of anyone else we should talk to about these allegations
Reply - Pittman said no.

I NV_ Investigative Memos Page 1 of 2


10) Pittman was asked if she had any other information that could assist us in our investigation.
Reply- Pittman said no.

Pittman was not asked to sign consent to search form for her cell phone and other media storage.

Pittman agreed to sign the letter requesting her to preserve all electronically stored information or
other records related to this matter.

The interview was concluded at 1420 hours.


/'

STATE ATTORN EV'S OF'F'ICE


FOURTH .JUDICIAL CIRCUIT OF' FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY (904) 255-3002
MWNELSON@COJ,NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is :investigating complaints of potential non-compliance with


Florida's Government :in the· Sunsh:ine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored :information (or "ESI") or hard copy
documents or other records related to this matter, :includ:ing but not limited to electronic
communications, record:ings such as voice mails, electronic documents, text messages, or other
records mainta:ined on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whetqer contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be · advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Qu:fck
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will

Signature.�..;_..._�,.__-1--��������������

Date: ----'-+-I
4' ---'--"'---+-�

-2-
STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Inv Tim Adams DATE: September 17, 2018

FROM: Inv JJ Thurne DEF: INVESTIGATIVE SUBPOENA

S.A. CASE NO.: 18SA015842AD

RE: Interview of Joyce Morgan

On 9/10/18 I met with Joyce Morgan at City Hall to conduct an interview regarding potential non-compliance
with Florida's Government in the Sunshine laws.

I asked Ms Morgan if she was aware of any allegations related to possible Sunshine Law violations. Ms Morgan replied,
"No, other than what was in the newspaper."

Ms Morgan advised that she spoke with Garrett Dennis because they used the same women for campaign flyers. She
also advised she spoke to Newby about personal matters and events. She also spoke to Jacoby and Freeman to congratulate
them on their wins.

Ms Morgan advised she does use her personal computer and phones for contacts and saves the information.

Ill.I\ I 1--·--L!--L!• • - 11.4--.-- n--- -t ,..,,:.c


STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMORANDUM

TO: Tim Adams DATE: September 11, 2018

FROM: Tim Reddish

REFERENCE: Interview of Councilman Garrett Dennis's


Assistant: Sandra Lane-Smith

On 09/11/2018, 1000 hours, Investigator Tim Quick and I interviewed Councilman Garrett
Dennis's assistant, Sandra Lane-Smith at the office of The General Counsel. The interview was in
response to our office (SAO), receiving information pertaining to allegations of potential non-:compliance
with Florida's Government in the Sunshine laws. Also present during the interview was General Counsel
Attorney Jon Phillips. Listed below are Council Assistant Newby's responses to the pre-prepared
questions she was asked to answer.

1) Smith was asked if she was aware of any allegations related to possible Sunshine Law violations by
any member of the City Council. If so, how did she find out about the allegations?
Reply - Smith was not aware of any allegations except when Councilman Garrett Dennis mentioned it
at a notice meeting in May 2018.

2) Smith was asked if she had any specific information related to possible violations of the Sunshine
Laws.
Reply - Smith said no.

3) Smith was asked if she had ever been contacted by another Council Member about council matters
outside of official hearings or proceedings and if so to please explain.
Reply - Smith said no.

4) Smith was asked if she knew of any other members who were contacted by other council members
about council matters outside of official hearings or proceedings.
Reply - ·smith said no.

5) Smith was asked if she regularly contacts any members of the city coun�il for matters unrelated to
council business. If so, who and what are the matters discussed.
Reply - Smith said no and produced a document she said she keeps displayed by her desk the
document read as follows;

"Members should refrain from any business discussions (either verbally or in writing or by
text or e-mail) with any other member of the task force outside of a noticed meeting.

Any communications or coordination needs should be addressed to Sandra Lane-Smith


slane@coj.net

904-630-1395
Executive Council Assistant District 9"

B) Smith was asked if she knew of any other members who maintain regular contact for matters
unrelated to council business and if so who and what matters were discussed.
Reply - Smith said no.

!NV_ Investigative Memos Page 1 of2


7) Smith was asked if she used her personal phone, phone apps (WhatsApp etc.) and/or email address
for city council related matters and if so how did she preserve records and information as required by
the Sunshine Law.
Reply - Smith advised she did not use her personal phone or email for council related matters.

8) Smith was asked if she knew of any other council members who use their personal phone, phone
apps and/or email address for city council related matters.
Reply - Smith said no.

9) Smith was asked if she knew of anyone else we should talk to about these allegations
Reply - Smith said no.

10) Smith was asked if she had any other information that could assist us in our investigation.
Reply Smith said no.

In addition to the prepared questions, I asked her if she was aware of any phone activity
between Councilman Dennis and any of the other Council members after hours. She replied
no.

Smith was not asked to sign consent to search form for her cell phone and other media storage.

Smith refused to sign the letter requesting her to preserve all electronically stored information or
other records related to this matter.

The interview was concluded at 1020 hours.

INV Jnvestioative Memos Page 2 of 2


Members should refrain from
any business discussions
(either verbally or in writing or
by text or e-mail) vvith any
other member of the task
. force outside of a noticed
meeting.

Any communications o�
coordination needs should be
addressed to Sandra Lane­
Smith slane@coj.net.
904-630-1395
Executive Council Assistant
District 9
.,_,r
'}

STATE ATTORNEY'S OFFICE


INVESTIGATIVE DIVISION

MEMORANDUM

TO: Tim Adams DATE: September 13, 2018.

FROM: T.C. O'Steen

REFERENCE: Interview of Councilman Reginal Gaffney

On 09/13/2018, 1600 hrs, I and Inv. Dave Bisplinghoff went to City Hall and interviewed
Councilman Reginald Gaffney in reference to the SAO receiving information pertaining to a'llegations of
potential non-compliance with Florida's Government in the Sunshine laws. Also present during the
interview was General Counsel John Phillips. Below are Councilman Gaffney's answers to the questions
asked.

1) Gaffney was asked if he was aware of any allegations related to possible Sunshine Law violations by
any member of the City Council. If so, how did he find out about the allegations?
Reply - Gaffney said no.

2) Gaffney was asked if he had any specific information related to possible violations of the Sunshine
Laws.
Reply - Gaffney said no.

3) Gaffney was asked had he ever been contacted by another Council Member about council matters
outside of official hearings or proceedings and if so please explain.
Reply - Gaffney said yes but nothing violating the Sunshine Law. He advised that he had heard some
information "On the street" regarding that someone was gonna run against another person. When
asked to identify who he was referring to as "On the street" he stated he couldn't remember. Gaffney
said that he had been contacted by colleagues who had heard that someone was gonna run against
_§mother person. Gaffney was asked who the Colleagues were that had contact with him. The only
name he gave was Aaron Bowman.

4) Gaffney was asked if he knew of any other members who were contacted by other council members
about council matters outside of official hearings or proceedings.
Reply - Gaffney said no.

5) Gaffney was asked if he regularly contacts any other members of the city council for matters
unrelated to council business. If so, who and what are the matters discussed.
Reply - Gaffney said no.

6) Gaffney was asked if he knew of any other members who maintain regular contact for matters
unrelated to council business and if so who and what matters were discussed.
Reply - Gaffney said no.

7) Gaffney was asked if he used his personal phone, phone apps (WhatsApp etc) and/or email address
for city council related matters and if so how did he preserve records and information as required by
the Sunshine Law.
Reply - Gaffney said that a constituent may call him reference problems in his district and if so he will
call the proper authorities to correct the problem (such as draining issues etc). he said he does not
log those type calls.

8) Gaffney was asked if he knew of any other council members who use their personal phone, phone
apps and/or email address for city council related matters.
Reply - Gaffney said no.

INV_ Investigative Memos Page 1 of 2


9) Gaffney was asked if he knew of anyone else we should talk to about these allegations
Reply - Gaffney said no.

10) Gaffney was asked if he had any other information that could assist us in our investigation.
Reply - Gaffney said no.

Gaffney was asked to sign a consent to search form for his cell phone and other media storage. He
said he would not sign a consent but his information can be obtained via a subpoena and/or through
public records requests.
Gaffney was asked to sign a letter requesting him to preserve all electronically stored information or
other records related to this matter. He said he would review the letter and get back with us reference
signing the letter.
State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/17/2018

On September 17, 2018, at approximately 2:00 p.m., Sam Mousa (hereafter "Mousa"), the
Chief Administrative Officer to Jacksonville Mayor Lenny Curry (hereafter "Mayor Curry") was
interviewed in his office at Jacksonville City Hall, 117 W. Duval Street, #400, Jacksonville, Florida.
Deputy General Counsel Jon R. Phillips from the City of Jacksonville, Office of the General
Counsel, was also present for the interview. During the interview, Mousa provided the following
information:

· In approximately February of 2018, Allie Korman (hereafter "Korman"), the Director of


Intergovernmental Affairs for the Mayor's Office at the time, met with Mousa and told him that she
had recently had a conversation with Jacksonville City Council (hereafter "City Council") Member
John Crescimbeni (hereafter "Crescimbeni"). Crescimbeni told her that City Council Member
Garrett Dennis (hereafter "Dennis") had approached him and handed Crescimbeni a business
card which had the names of City Council Members written on it. After handing him the card,
Dennis said something to the effect that "here are the votes for you to become president" or the
votes to take out Aaron Bowman as president. Korman also told Mousa that Crescimbeni took the
card home.

Although City Council Members talk all the time, Mousa believes Korman came to him about
this situation because it was so egregious. He thought Dennis's activities were unlawful and he
advised Mayor Curry and Brian Hughes (hereafter "Hughes"), Mayor Curry's Chief of Staff, about
the information from Korman. Mousa also called Carla Miller (hereafter "Miller") about possible
Sunshine Law violations related to this matter. (Note: Miller was the Director of the Office of
Ethics, Compliance and Oversight for the City of Jacksonville at the time). Miller then referred
Mousa to the City of Jacksonville Inspector General's Office and the State Attorney's Office for
the Fourth Judicial Circuit.

Mousa then attended a meeting with City of Jacksonville Inspector General James Hoffman
'-
ATTORNEY DATE.TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE

Heavener 9/17/18 Adams/Zipperer 1


(hereafter "Hoffman"), Deputy Inspector General Lisa Green (hereafter "Green"), Hughes, and
Chief Assistant State Attorneys Mac Heavener and L.E. Hutton. This meeting occurred in
approximately February of 2018. (Mousa believed he may have met with Green and Hoffman
before meeting with representatives of the State Attorney's Office).

During this meeting, a decision was made for the Inspector General's Office to handle the data
and communications searches, and gather telephone and email records. These records were to
then be turned over to the State Attorney's Office. Mousa has not heard anything further about
this situation since the meeting.

Some time before Korman met with Mousa, he heard from various sources about several
Jacksonville City Council Members discussing the race for Council President at a meeting. At the
time, Mousa believed that City Council Members Dennis and Anna Lopez Brosche (hereafter
"Brosche") were trying to prevent Aaron Bowman from becoming president. Mousa explained that
City Council Member Matt Schellenberg holds regular Saturday morning breakfast meetings with
other City Council Members and friends at various local establishments. Mousa heard that one
of these meetings was held in approximately May of 2017 at a Metro Diner. The meeting was
attended by City Council Members Schellenberg, Brosche and Doyle Carter, and some friends.
During the meeting, Brosche said she had the votes for City Council President locked up in the
election against Crescimbeni. They also discussed assigning City Council Members to various
committees and committee chairmanships. Mousa heard that they were all celebrating. (Note:
Mousa did not provide specific information about his sources for this information but said he
believed A.G. Gancarski wrote an article in Florida Politics about the breakfast meeting).

Mousa described the race for City Council President between Brosche and Crescimbeni in
May of 2017 as tough. He added that Brosche locked up a block of votes and won the election.

Additionally, Mousa said that the African American City Council Members who voted for
Brosche were all assigned to the Finance Committee after she (Brosche) won the election. Mousa
described this committee as the strongest in City Council because it decided· how funds were
appropriated. This committee also reviews every City Council bill and recommends to the full
council whether funds should be appropriated for a specific bill.

Mousa did not know if votes were exchanged for assignments to committees and did not have
specific information if such exchanges occurred. He was told, however, that committee
assignments had been discussed at some point.

In approximately May of 2018, Brosche appeared on the Melissa Ross radio show and
complained about Mayor Curry. She also said she believed her movements and those of her
assistant were being monitored. As an example, Brosche noted that her assistant was unable to
log off of her computer because someone else was on it at the time.

After hearing about Brosche's complaint, Mousa contacted Kenneth Lathrop (hereafter
"Lathrop") , the Chief Information Officer and Chief of Information Technologies for the City of
Jacksonville. Mousa told Lathrop he was concerned about Brosche's comments and asked him
to look into the allegations. The results of Lathrop's inquiry were set forth in email correspondence

ATIORNEY DATE.TYPED SECRETARY INVESTIGATOR /.AUDITOR PAGE.

Heavener 9/17/18 Adams/Zipperer 2


,r,

with Mousa.

Lathrop indicated that research into dates when the employee (Brosche's assistant) was
locked out of their computer determined that the occurrences were due to "entering an incorrect
password, login ID or requesting assistance to change a password." Additionally, research related
to other individuals accessing the computer identified three employees who had logged into the
computer. The employees, who had each logged in on one occasion, were Brosche, Dennis and
Steve Cassada. Mousa said Cassada works in Information Technology for the City of
Jacksonville. Mousa provided a copy of the email correspondence with Lathrop during the
interview. Mousa also believed an article was published in Florida �olitics about this matter.

Mousa notified Hughes about Lathrop's findings via email. After Lathrop's inquiry, Mousa did
not hear anything further related to the use of the computer.

Mousa described Korman's· position as the liaison between the Mayor's Office and City
Council. Korman informed the City Council Members about Mayor Curry's legislation and lobbied
for votes. (Note: Following the interview, Mousa contacted Investigator Adams telephonically to
further describe Korman's position. He added that Korman did not share information between or
among City Council Members and was not a conduit). Korman resigned in approximately May or
July of 2018. Jordan Ellsbury replaced Korman in the Mayor's Office. Jessica Baker also worked
with Korman in the Mayor's Office but has since resigned.

According to Mousa, Korman and Brosche were close at one time. At some point, however,
their relationship deteriorated. Mousa did not know the reason their relationship changed but
noted that Korman pushed the City Council Members to support the Children's Hope Alliance.
Brosche and Dennis, thc;rngh, were opposed to the bill. Mousa said Brosche called Korman out
in a public meeting and lied about her (Korman). This occurred well before the situation involving
Brosche, Crescimbeni and the City Council President election.

In further discussing the Children's Hope Alliance bill, Mousa said Brosche was likely just
supporting Dennis since he was opposed to the bill. Dennis did not believe the bill went far
enough in addressing the behavioral or mental health of the children. The bill was later modified
to address these concerns. Brosche, though, still voted against the bill in committee. She later
voted for it, however, in the full council· vote. The bill passed with Dennis being the only City
Council Member to vote against it. On the night of the final vote, Brosche criticized' the bill but then
voted for it. Dennis maintained his position that the bill did not go far enough even after it was
modified.

Mousa described Brosche and Dennis as a "tag team." He believed they have been friends
for a long time. He added that they may have been friends before being elected to the City
Council.

Mousa described the information about Dennis handing the business card to Crescimbeni as
the most egregious action he has heard about.

ATTORNEY DATE.TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE

Heavener 9/17/18 Adams/Zipperer 3


!. .
." '

Hughes, Brian - Mayor's Office Chief of Staff

tom: Mousa, Sam


Sent: Thursday, May 3, 2018 8:08 PM
To: Hughes, Brian - Mayor's Office Chief of Staff
Subject: FW: Employee Computer Issue

Brian,

After reading Council President Brosche' s comments concerning her executive assistant trying to log off her
computer, but could not because someone else was on her computer, in addition to Ms. Brosche' s comments
about her assistant's computer being monitored, I became very concerned. Accordingly, I took it upon myself to
investigate these allegations.

You find below a report from our IT security team detailing the executive assistant's request for computer
service, as well as who other than her, had logged into her computer.

Steve Cassada is the City Council's IT guru and I do not find it unusual that he would have logged into the
computer. However, Ms. Brosche and Mr. Garrett Demus also had log-in activity.

Let me know if you have any questions.

Thanks.

' ---·--
From: Lathrop, Kenneth [mailto:LATHROP@coj.net]
Sent: Thursday, May 3, 2018 6:10 PM
To: Mousa, Sam
Subject: Employee Computer Issue

Mr. Mousa,

In response to your inquiry about an employee's inability to login to their computer and the bel.ief that their computer
may have been accessed without their knowledge, ITD researched and identified the dates below where the employee
reported to the ITD Service Desk that their account was locked out.

4/24/2018, 9/28/2016, 4/13/2016, 2/11/2016, 11/20/2015, 9/15/2015

For each of the above occurrences, the !TD Service Desk unlocked the account and the employee was able to
successfully login. These ·occurrences were the result of entering an incorrect password, login ID, or requesting
assistance to change a password.

In addition, our Security Team researched logs dating back to September, 2017 to determine if anyone other than the
employee had logged into this computer. Three employees were identified. Their names and login dates are listed
below.

1-\nna Brosche on 10/2/2017


Garrett Dennis on 11/6/2017
Steve Cassada logged on 2/20/2018
1
Please let me know if I can be of further assistance.

1-iank you.

Kenneth E. Lathrop
Chief Information Officer I Chief of Information Technologies
City of Jacksonville I Information Technologies Division
Finance and Admiriistration Department
214 N. Hogan Street, Suite 900 I Jacksonville, FL 32202
Office: 904.255.8004 I Cell: 904.563.2457

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2
State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/18/2018

On September 18, 2018, at approximately 11 :00 a.m., Jacksonville City Council (hereafter
"City Council") Member Tommy Hazouri (hereafter "Hazouri") was interviewed in his office at
Jacksonville City Hall, 117 W. Duval Street, #425, Jacksonville, Florida. Deputy General Counsel
Jon R. Phillips from the City of Jacksonville, Office of the General Counsel, was also present for
the interview. {Note: Hazouri was interviewed on August 29, 2018. This interview was scheduled
after Hazouri indicated he had additional information to provide regarding this matter). During the
interview, Hazouri provided the following information:

In approximately the Spring of 2018, during the City Council elections for President and Vice
President, City Council Member Garrett Dennis (hereafter "Dennis") asked Hazouri why he
(Hazouri) was supporting City Council Member Aaron Bowman (hereafter "Bowman") for
President. Dennis also said that Bowman could not be trusted. Hazouri could not recall where he
was when Dennis talked to him about Bowman but believed it could have been in passing
between City Council meetings. Hazouri later told Bowman that Dennis was trying to undermine
him (Bowman) by saying he could not be trusted.

According to Hazouri, someone also said that A.G. Gancarski (Florida Politics) reported about
a breakfast meeting regarding City Council Member Anna Lopez Brosche (hereafter "Brosche").
This meeting was possibly held by former City Council Member Reggie Brown or City Council
Member Matt Schellenberg. Hazouri could not recall specifics related to the source of tliis
information.

Hazouri also described a situation in which he asked Brosche if she was going to have a
meeting about the election. Hazouri referred to it as a Sunshine meeting .and explained that such
a meeting was required to comply with the Sunshine Laws. Brosche did not commit to a meeting
but asked why he (Hazouri) was supporting Bowman and said that he (Bowman) was no leader.
Hazouri could not recall if he told Bowman about this conversation.

. .
: . DATE'TY.P ED· SECRETARY · ·: INVESTIGATOR:J'AUDITOR:
. .

Heavener 9/18/18 Adams/Zipperer 1


State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/19/2018

On September 19, 2018, at approximately 9:30 a.m., Mayor Lenny Curry (hereafter "Mayor
Curry'') was interviewed in his office at City Hall, 117 W. Duval Street, #400, Jacksonville, Florida.
General Counsel Jason Gabriel and Deputy General Counsel Jon R. Phillips from the City of
Jacksonville, Office of the General Counsel, were also present for the interview. During the
\....
interview, Curry provided the following information:

In approximately February of 2018, Allie Korman (hereafter "Korman"), who ran legislative
affairs matters for the Mayor's Office, told Mayor Curry about a meeting she had with Jacksonville
City Council (hereafter "City CounciF') Member John Crescimbeni (hereafter "Crescimbeni"). The
meeting was held in Crescimbeni's office. Korman said that, during the meeting, Crescimbeni told
her about a card that City Council Member Garrett Dennis had given him regarding the City
Council election for President. The card had a list of names for Crescimbeni. Mayor Curry did not
recall exactly what it meant but explained that it was specific to who would be the next City
Council President. Mayor Curry took this information very seriously since it was evidence of a
conversation outside of the public domain.

After talking with Korman, Mayor Curry contacted City Council Member Aaron Bowman
("hereafter "Bowman") about this information. Mayor Curry believed Dennis held a public hearing
shortly after he (Mayor Curry) contacted Bowman.

Mayor Curry also mentioned that Florida Politics may have reported that City Council Members
Reggie Brown, Katrina Brown, Reginald Gaffney (hereafter "Gaffney") and Dennis voted as a·
block in City Council matters.

During the last city budget process, Mayor Curry had a meeting with City Council Member
Danny Becton in the Mayor's Office. During the meeting, Mayor Curry discussed the importance

. ATI"ORNE.Y:. . ciATE:TYPEO· . . ,. . ,. INV.ESTIGATOR / t,:UDITOR· '. : I. . PAGE .


Heavener 9/19/18 Adams/Zipperer 1
,•

of funding for a fire station in Beeton's district. According to Mayor Curry, within twenty-four hours
Dennis was on the news claiming that he (Mayor Curry) was threatening projects so City Council
Members would vote for his budget. Mayor Curry explained that this was not true but believed
Becton had to have had a conversation with Dennis about their meeting for Dennis to make such
a claim in the media.

Mayor Curry has also heard rumors about a meeting at the Metro Diner related to City Council
office elections. He is also aware of a group that meets regularly on Saturday mornings. These
meetings used to be held at the Metro Diner but have since been moved to The Local. City
Council Member Matt Schellenberg frequently attends these meetings. City Council Member Anna
Brosche (hereafter "Brosche") also started attending these meetings. Additionally, local business
people attend, including Larry Peterson, Bobby Stein and Lathun Brigman. Mayor Curry was told
that conversations about the City Council elections and committee appointments were discussed
at these meetings.

Mayor Curry also heard gossip related to Brosche getting votes to become City Council
President. The gossip involved Brosche having the votes even though no one was aware of public
notice hearings in which City Council Members discussed support for her.

Mayor Curry has also been told by City Council Members that Dennis calls them often about
policy and related issues. Mayor Curry had told City Council Members Tommy Hazouri (hereafter
"Hazouri") and Sam Newby (hereafter "Newby'') to not talk with Dennis if he approaches them
about such matters. Mayor Curry is also aware that Dennis attempted to talk with Hazouri, Newby
and Gaffney about City Council business outside bf a public hearing. He also noted that news
reports suggest that Reggie and Katrina Brown had talked about City Council business outside
of a public hearing.

Additionally, Mayor Curry mentioned The District development project on the St. John's River.
Michael Munz and Peter Rummell were involved with this project. The project was approved by
a City Council vote of seventeen to two. Dennis and Brosche were the only two City Council
Members to vote against the project. Mayor Curry noted that Dennis and Brosche regularly are
the only two "no" votes on the City Council.

Mayor Curry also mentioned that he was aware of Brosche contacting the Jacksonville Jaguars
to request tickets for her, her family, and Dennis and his family, for the NFL playoff game last year
in a luxury box.

.. . . ·. . .
AT.t.O�N e.v:: .PAGE: ..

Heavener 9/19/18 Adams/Zipperer 2


r
',,

i
.(\ State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 09/19/2018

On September 19, 2018, at approximately 10:00 a.m., Brian Hughes (hereafter "Hughes"),
Chief of Staff for City of Jacksonville Mayor Lenny Curry, was interviewed in his office at City Hall,
117 W. Duval Street, #400, Jacksonville, Florida. Deputy General Counsel Jon R. Phillips from
the City of Jacksonville, Office of the General Counsel, was also present for the interview. During
'
( the interview, Hughes provided the following information:

. Hughes became the Chief of Staff in January of 2018. In approximately February of 2018, Allie
Korman (hereafter "Korman"), who was responsible for Intergovernmental Affairs for the Mayor's
Office at the time, told Hughes about a meeting she had with Jacksonville City Council (hereafter
"City Council") Member John Crescimbeni (hereafter "Crescimbeni"). According to Korman;
Crescimbeni told her that City Council Member Garrett Dennis (hereafter "Dennis") had a business
card which contained a list of City Council Member names who would vote for Crescimbeni if he
(Crescimbeni) wanted to be City Council President. Dennis indicated that he could deliver these
votes. Hughes did not recall if the votes were to be in exchange for anything. Hughes could not
recall the names provided to Korman, by Crescimbeni but said the card contained four names.
Korman also said the card existed.

Hughes noted that Korman may have initially reported this information to Sam Mousa
(hereafter "Mousa"), the Chief Administrative Officer for the Mayor's Office. Hughes, Mousa and
Korman all talked with Mayor Curry about this matter. Hughes described Korman's responsibilities
at the time as the liaison between Mayor Curry and City Council Members.

Hughes thought it was significant that four names were on the card sinGe City Council Member
Anna Brosche (hereafter "Brosche") was unexpectedly elected City Council President the previous
year and he believed Dennis delivered four votes for her. City Council Member Aaron Bowman
(hereafter "Bowman") was expected. to be the City Council President that year.

·.·· . ..·
·. ,a•AIT.ORNEY' .· :. .. DA:'.T.c,1\Y-PED: ·. . ·:SECRET-ARY . . J�VESTIGAT:OR·J'AUDIT.OR!.. . .. : '. PAGE ·:

Heavener 9/19/18 Adams/Zipperer 1


Hughes explained further that public notice hearings were not held for Brosohe to be City
Council President and she just sort of had the votes. He again pointed out that he believed
Dennis delivered the block of votes for her. Following Brosche's election, Dennis was named
Chairman of the Finance Committee. Hughes described this committee as the most powerful City
Council committee.

Hughes added that Korman was concerned about how the disclosure of her conversation with
Crescimbeni would affect her both professionally and personally. He.noted that she had been very
close friends with Brosche at one time.

After receiving the information from Korman, Hughes believed Mousa contacted Carla Miller
(Note: Miller was the Director of the Office of Ethics, Compliance and Oversight for the City of
Jacksonville at the time). Miller then referred him to the State Attorney's Office and/or the
Inspector General's Office. Hughes was not sure of the order of how this information was
reported.

Hughes later attended a meeting with Mousa, representatives of the Inspector General's Office
and Chief Assistant State Attorneys Mac Heavener and L.E. Hutton from the State Attorney's
Office. Mousa may have talked with Lisa Green (hereafter "Green") of the Inspector General's
Office before this meeting. Hughes also believed Green told Korman that her information could
initially be anonymous if reported to the Inspector General's Office. At some point, Korman said
she talked with Green but Hughes did not recall when this occurred.

Hughes pointed out that in the fall of 2017, Action News aired an interview with Dennis in
which he claimed that Mayor Curry was holding the budget hostage. This included allegations that
the Mayor was saying certain things to other City Council Members. Hughes said Dennis and
other City Council Members had to have had conversations outside of the Sunshine Law about
the bill and the budget for this to be reported.

More specifically, Hughes said that on approximately October 10, 2017, Action News aired a
report about a City Council Member accusing Mayor Curry of holding the budget hostage to sway
votes for the Kids Hope Alliance (hereafter "KHA'') project. As part of the report, Dennis said the
City Council Members felt bullied. Hughes noted, however, that none of the other City Council
Members ever said anything. publicly.

Hughes was familiar with the public hotice hearing held by Dennis regarding Bowman but did
not have additional information.

Mayor Curry also told Hughes that individual conversations he (Mayor Curry) had with City
'Council Members had been shared with other City Council Members.

Hughes mentioned that, at some point, Mousa forwarded him an email containing the results
of an investigation by the City Information Technology Department following claims made by
Brosche on a radio show that her assistant's computer was being monitored. Hughes noted the
investigation determined that Dennis had logged into the assistant's computer.

. AT-T.ORN E.Y: · D'Ai.E'.,-:Y,P ED• . . INV.ES:TlG:AT.OR' / :AUDl:rO Ri P'A:GE:

Heavener 9/19/18 Adams/Zipperer 2


Additionally, Hughes explained that City Council Member Danny Becton wanted money in the
budget (at the time) to be allocated to address pension debt. Mayor Curry told him (Becton) that
if funds were moved as he suggested, fire stations in hi� (Beeton's) district would not be built
because of insufficient funding. A day or two later, there was a news story featuring Dennis.
Hughes believed the only way Dennis would have known about this conversation was if Becton
had talked with him about it.

. According to Hughes, the Jacksonville Children's Commission (hereafter "JGC") and The
Journey were merged as part of the KHA to address concerns related to wasted funds. A board
was appointed so the organization could be more agile and efficient. Strict rules about the use of
funds were also implemented. Hughes explained that other non-profit organizations felt
threatened. At the time, Brosche and Dennis were friends with some of the leaders of these non­
profit organizations.

Before the KHA project was approved, Dennis introduced an opposing bill. Additionally, as part
of this effort, Mayor Curry selected a board member for the KHA from a list of individuals
recommended by Brosche. A separate mental health component was also added to the KHA
project as requested by Dennis. Dennis, though, wanted to change the board and other things
related to KHA.

Hughes explained further that Matt Kane had been a board member of the JGC and was
aligned with Brosche and Dennis at the time of the KHA project. He was also very interested in
the KHA. Mayor Curry made a specific change to the KHA project at the recommendation of
Kane. Dennis was the only City Council Member to vote against the KHA.

Hughes did not have specific information as �o anyone associated with Dennis who may have
benefitted from some of the changes to the project or recommendations he (Dennis) made.

..
. ..
ATTORNEY .DATE TYPED SECRETARY INVESTIGATOR:/AUDITOR PAGE:

Heavener 9/19/18 Adams/Zipperer 3


STATE ATTORNEY'S OFFICE
INVESTIGATIVE DIVISION

MEMO RANDUM

Investigator TimAdams August 29, 2018

Investigator John Zipperer & Christi Petrie

08/29/2018

11:39 AM We attempted to make contact with Councilman Terrance Freeman at 904-449-6267. The
electronic message advised that the voice mail was full and therefore we were unable to leave a
message. We called the Councilman's Office at 904-630-1684 and left a message asking the
Councilman to call us at 904-255-2856.

11:41AM We contacted Councilman Scott Wilson at 904-626-0942. Wilson advised that he does not have
anytime on his schedule today to meet with us but that he would come to the SAO tomorrow at
2:00 PM to talk with us.

11:46AM We attempted to make contact with Doyle Carter, former Councilman, at 904-307-1855. We did
not receive an answer. We left a message asking Mr. Carter to call us back at 904-255-2856.

1:54PM Received a voice mail from Doyle Carter asking to be called back at 904-307-1855.

2:57PM Returned call to Carter. No answer. Left another voice message asking him to call back.

4:58 PM Councilman Wilson left a voice message indicating that he would like to meet in his Council
Office.

08/30/2018

8:00AM Former Councilman Doyle Carter was contacted at 904-307-1855. Carter advised that he was too
busy to set down for an interview this week. Carter advised to call him on Monday 09/03/2018
and he would provide a time to meet either that day or Tuesday. After realizing that Monday
09/03/2018 was a holiday we caUed Carter back and set the call for Tuesday 09/04/2018.

8:10AM We attempted to make contact with Councilman Terrance Freeman at 904-449-6267 again. Qnce
again the electronic message advised that the voice mail was full and therefore we were unable to
leave a message. We called the Councilman's Office again at 904-630-1684 and left another
message asking the Councilman to call us at 904-255-2856.

8:15AM We contacted Councilman Wilson. Wilson advised that he would like to meet in his Council
Office at 2:00 PM today. We advised Wilson that we would meet him there.

8:20AM Councilman Freeman returned our call. Freeman advised that he was unable to meet with us
today but might be able to meet tomorrow later in the day. Freeman would not commit to an
exact time but advised that he would have his assistant call and set a specific time later today.

Page 1
,, ' �

NARRATIVE· Continued

2:00 PM Councilman Scott Wilson was interviewed in his office at the City Hall Building by Investigator
Petrie and Zipperer.

Deputy General Counsel Jon R. Phillips and Deputy General Counsel Rita M. Mairs were present
in Wilson's office when we arrived.
I explained to both attorneys that I considered their presence to be a legal conflict since they both
represent the City Of Jacksonville to include the City Council and that if any information was
gleaned from the interview of Wilson that might be of a criminal nature concerning other
members of the council that they both would become potential witnesses.

Deputy General Counsel Jon Phillips advised that if any information were to developihat seemed
of a criminal nature they, the attorneys, would decide on what direction to take at that point.
The complaint was explained to Councilman Wilson and he was advised that other Council
Members were going to be interviewed also and that the questions had been standardized for
each team oflnvestigators for the purpose of the interview.
The questions were then asked in order as provided.

1) Wilson advised that he was not aware of any allegations of possible violations of the
Sunshine Laws by any member of the City Council. Wilson advised that a "Notice" meeting
was called recently by Garrett Dennis re: sunshine law violations, but Mr. Wilson did not
attend and knows nothing about the meeting.

2) Wilson advised that he is not aware of any violations of the Sunshine Laws by any member
of the City Council.

3) Wilson advised that he has never been contacted by any member of the City Council outside
of official hearings or proceeding to discuss council matters.

4) Wilson advised that he is not aware of any contacts by other City Council members outside
of official hearings or proceeding to discuss council matters.

5) Wilson advised that he had assisted Former City Council Member Doyle Carter with his
campaign for the City Tax Collector position and had as a result of his efforts had numerous
contacts with Carter but that they never discussed City Council matters. Wilson also advised
that he frequently goes to lunch with Councilman Tommy Hazouri and on occasion with
other City Council members but that they do not discuss City Council matters while at lunch.
Wilson also advised that he · runs into other council members often, as they attend a lot of the
same events.

Page2
NARRATIVE· Continued

6) Wilson advised that he is not aware of what contact other City Council members may have
with each other. Wilson added that he is a "private type person" and keeps to himself.
Wilson went on to say that he is retired and has no outside employment.

7) Wilson advised that he may have a few calls to some of his constituents on his personal
phone . Wilson added that he does not use any phone apps but has been contacted via
Facebook by some of his constituents. Wilson went on to say that all his communications
are preserved in accordance with City Council rules.

8) Wilson reiterated that he is a "private type person" and is not aware of what other City
Council members do.

9) Wilson advised that he is not aware of any additional individual(s) that should be
interviewed concerning this investigation.

10) Wilson was unable to provide any additional information to assist with this investigation.

At the conclusion of the interview Wilson was given the warning/preservation letter and
asked to sign the letter after reading it. Wilson refused to sign the letter advising that he
needed some additional time to review the letter with his "Attorney". Wilson was given a
business card and asked to call once he had an opportunity to review the letter with his
attorney.

Wilson was not asked to sign the release letter concerning his personal phone based upon his
refusal to sign the warning/preservation letter.

3:00 PM Councilman Freeman's assistant called and advised that Freeman could meet with us
tomorrow 8/31/2018 at 2:30 PM.

08/31/2018

2:30 PM Councilman Terrance Freeman was interviewed in his office at the City Hall Building by
Investigator Petrie and Zipperer.

Deputy General Counsel Jon R. Phillips was present in Freeman's office when we arrived.
Investigator Zipperer explained to Jon Phillips that his presence was a legal conflict since
Phillips represents the City Of Jacksonville to include the City Council and that if any
information was gleaned from the interview of Freeman that might be of a criminal nature

Page 3
NARRATIVE - Continued

concerning other members of the council that he would become a potential witness.

Deputy General Counsel Jon Phillips had no response to this statement.


The complaint was explained to Councilman Freeman and he was advised that other Council
Members were going to be interviewed also and that the questions had been standardized for
each team of Investigators for the purpose of the interview.
The questions were then asked in order as provided.

1) Freeman advised that he was not aware of any allegations of possible violations of the
Sunshine Laws by any member of the City Council other than what he had read in the Times
Union.

2) Freeman advised that he is not aware of any violations of the Sunshine Laws by any
member of the City Council.

3) Freeman advised that he has never been contacted by any member of the City Council
outside of official hearings or proceeding to discuss council matters.

4) Freeman advised that he is not aware of any contacts by other City Council members outside
of official hearings or proceeding to discuss council matters.

5) Freeman advised that he has not had any contact with other members of City Council for
matters unrelated to council business.

6) Freeman advised that he is not aware of what contact other City Council members may have
with each other.

7) Freeman advised that he may have a few calls to some of his constituents on his personal
phone . Freeman was asked for his personal cell phone number and glanced in the direction
of Phillips before providing the number. The number provided by Freeman is 904-449-6267.

8) Freeman advised that he is not aware of what other City Council members may do with their
personal phones or emails.

9) Freeman advised that he is not aware of any additional individual(s) that should be
interviewed concerning this investigation.

10} Freeman was unable to provide any additional information to assist with this investigation.

Paqe4
' .
g'\'.

NARRATIVE· Continued

At the conclusion of the interview Freeman signed the warning/preservation letter and was
given a copy of same.

Freeman was not asked to sign the release letter concerning his personal phone based upon
his demeanor when questioned about his cell number.

2:30 PM Former Councilman Doyle Carter was interviewed at the SAO by Investigator Petrie and
Zipperer.

The complaint was explained to Former Councilman Carter and he.was advised that other
Council Members were going to be interviewed also and that the questions had been
standardized for each team of Investigators for the purpose ofthe interview.
The questions were then asked in order as provided.
1) Carter advised that he was not aware of any allegations of possible violations of the Sunshine
Laws by any member of the City Council other than what he had just heard when he was
explained the reason for the interview.

2) Carter advised that he is not aware of any violations of the Sunshine Laws by any member of
the City Council.

3) Carter advised that he has never been contacted by any member of the City Council outside
of official hearings or proceeding to discuss council matters.

4) Carter advised that he is not aware of any contacts by other City Council members outside
of official hearings or proceeding to discuss council matters.

5) Carter advised that he has had contact with other members of City Council for matters
umelated to council business when he was running for the Tax Collector position. Carter
advised that the contacts were not related to Council business.

6) Carter advised that he is not aware of what contact other City Council members may have
with each other.

7) Carter advised that he may have a few calls to some of his constituents on his personal
phone as well as a few emails.
8) Carter advised that he is not aware of what other City Council members may do with their
personal phones or emails.

Page 5
t ,'I

NARRATIVE - Continued

9) Carter advised that he is not aware of any additional individual(s) that should be interviewed
concerning this investigation.

10) Carter was unable to provide any additional information to assist with this investigation.

At the conclusion of the interview Carter signed the warning/preservation letter and was
given a copy of same.

Carter was not asked to sign the release letter concerning his personal phone based upon his
demeanor during the interview.

Paqe 6
STATE ATTORN EV'S OFFICE
FOURTH JUDICIAL CIRCUIT OF FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


STATE ATTORNEY JACKSONVILLE, FLORIDA 32202
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other
records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

Name (PRINT): __V_l _0.;.._l_,__(-'--'ll!.c""""'.)---'(__,"""-


/ _)a_,_-_I _e f;=-· ·_____

Signature c.O �t
Date: 't ..: � - i g

-2-
/

STATE: ATTORN e:v's OFFICE:


FOURTH .JUDICIAL CIRCUIT OF FLORIDA

MELISSA WILLIAMSON NELSON 311 WEST MONROE STREET


JACKSONVILLE, FLORIDA 32202
STATE ATTORNEY
(904) 255-3002
MWNELSON@COJ.NET

August 29, 2018

Dear Council Member:

. The State Attorney's Office is investigating complaints of potential non-compliance with


Florida's Government in the Sunshine laws. You have been identified as someone who may
have relevant information and/or records related to these allegations. As such, please be
advised that you should preserve all electronically stored information (or "ESI") or hard copy
documents or other records related to this matter, including but not limited to electronic
communications, recordings such as voice mails, electronic documents, text messages, or other

I

records maintained on hard drives or on network or shared drives or in databases, and hard
copy documents that involve Jacksonville City Council matters or that otherwise consist of
public records of the City of Jacksonville, whether contained on your personal devices or not.
Please also take necessary steps to prevent the deletion of potentially relevant ESI, either
intentionally or not intentionally, through auto-deletion practices.-

Please be advised that any intentional effort to delete, alter, destroy, conceal or remove any
records maintained on electronic devices, including personal and business mobile phones,
computers, tablets, and other electronic devices may subject you to criminal prosecution.

Sincerely,

Timothy Quick
Chief Investigator
on behalf of Melissa W. Nelson

-1-
Certificate of Understanding

THE UNDERSIGNED hereby certifies that he or she has read, fully understands, and will
comply with the warning above.

Name�:f:7;:

S1gnatme s......

Date:¢/;&

-2-
State Attorney's Office
(
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

· FROM: Investigator Adams CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 12/17/2018

· On December 14, 2018, Jacksonville City Council President Aaron Bowman (hereafter
"Bowman") was interviewed telephonically. During the interview, Bowman provided the following
information:

Jacksonville City Council Member Katrina Brown (hereafter "Brown") was the first member of
the City Council to say something to Bowman about Garrett Dennis (hereafter "Dennis") and his
(Dennis) efforts to get City Council members to not vote for Bowman as City Council President.
In describing the incident, Bowman said he was getting on or off an elevator when Brown said
something to the effect that $he was lettin·g him know Dennis was saying bad things about him
to council members and was possibly doing it to get them to not vote for Bowman as President.
Bowman responded that he was not worried about Dennis.

Approximately two to three weeks later, City Council Member Tommy Hazouri (hereafter
"Hazouri") told Bowman that Dennis claimed he (Bowman) was supporting Scott Wilson for City
Council Vice President. Bowman said this was not true. He explained that, at the time, four City
Council members were running for Vice President and he had decided not to support any
candidates. He did not want his support for a specific candidate to create any undue influence or
otherwise effect the votes. Bowman told Hazouri that he had not committed to supporting any
candidates for Vice President.

Approximately a week later, possibly the week before The Players Championship, Brown told
Bowman that Dennis was saying bad things about Bowman to City Council Members Reggie
Gaffney (hereafter "Gaffney") and Sam Newby (hereafter "Newby''). Bowman contacted Gaffney
and Newby separately and asked if Dennis was saying things about him. Both Gaffney and Newby
told Bowman that Dennis said he (Dennis) could not vote for Bowman but did not specifically ask
them not to vote for him (Bowman). Bowman believed Gaffney and Newby said they did not
respond to Dennis.

. ATTORNE.Y DA:TEiWP ED, SECRETARY'

Heavener 12/17/18 Adams 1


(Note: This interview was facilitated through Deputy General Counsel Jon R. Phillips and was
conducted in lieu of a sworn statement pursuant to a subpoena. The subpoena was to be issued
to compel Bowman to provide the names of certain City Council members who had talked with
him about Dennis's efforts to influence the City Council President election involving Bowman. This
.. matter was discussed during the initial interview of Bowman but he was not comfortable providing
the names at that time).

.
·. ATTO.RNEY DATE l\YPED, ... · . SECRETARY ... . INVESTIG'ATORJAuiij'roR PAGE.

Heavener 12/17/18 Adams 2


/ State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 12/20/2018

On December 20, 2018, Jacksonville-city Council Member John Crescimbeni (hereafter


"Crescimbeni") was interviewed telephonically. During the interview, Crescimbeni provided the
following information:

Crescimbeni said he was never approached by Jacksonville City Council Member Garrett
Dennis about providing votes for Crescimbeni to be elected President of the City Council.
Crescimbeni believed such a situation possibly occurred in 2017 when Anna Brosche was elected
City Council President. Crescimbeni described this situation during his previous interview on
September 6, 2018.

Crescimbeni also explained that the election for City Council President and Vice
President are usually held during the last week of May each year. Sometime in August of 2016,
after Crescimbeni was elected as City Council Vice President, he was invited by Mayor Curry to
the Hyatt Hotel in Jacksonville, Florida, to watch the results for a pension tax question the Mayor
had on the ballot. While at the Hyatt for the event, Crescimbeni was approached and told that
another City Council member would be running against him for President. Crescimbeni was
informed about the other candidate by a City Council member (who was not the candidate).

Crescimbeni added that A.G. Gancarski previously reported in Florida Politics that
Jacksonville City Council Members had met at an establishment on. Hendricks Avenue in
Jacksonville.

(Note: This interview was facilitated through Deputy General Counsel Jon R. Phillips and
was conducted in lieu of a sworn statement pursu 9nt to a subpoena. The subpoena was to be
issued to compel Crescimbeni to provide additional information if he had been approached about
· votes to be elected City Council President).

·, . .
ATTORNEY .•. . . DA'fE tvPED, . �ECRE;TARY P,AGE:·

Heavener 12/20/18 Adams/Zipperer 1


State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 01/23/2019

On January 23, 2019, Ali Korman was interviewed telephonically. During the interview,
Korman provided the following information:

Korman was aware of the investigation by the State Attorney's Office into allegations of
possible Sunshine Law violations by members of the Jacksonville City Council (hereafter "City
Council").

Korman said she had been informed that City Council Member Garrett Dennis tried to
influence City Council Member Katrina Brown to vote for City Council Member Anna Lopez
Brosche as City Council President so he (Dennis) could become the Finance Chair (Note: This
election occurred in 2017). Brown eventually sent an email to all City Council Members expressing
her support for Brosche as City Council President. Korman had also been informed that Dennis
contacted several City Council Members in an effort to convince them how to vote. Korman
believed Dennis was always trying to line up City Council Members to vote against the mayor.

Korman also said she was informed that Dennis was part of a voting block of City
Council Members. He did not control this block, though. The members voted together but Korman
described them as generally acting independently.

Korman believed Dennis also tried to convince City Council Members to not vote for City
Council Member Aaron Bowman for President.

Korman believed Brosche's assistant, Jeneen Sanders, could have been a conduit
between Brosche and Dennis. Korman said she was "not aware" if Brosche was involved in the
same activities as Dennis, though.

. ' - .
·' DATET.YPED ·SECRETARY
',
·AITORNEY.
\
INVESTIGATOR/AUDITOR PAGE

Heavener 1/23/19 Adams/Zipperer 1


State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO:


VIOLATIONS

DATE: 01/29/2019

On January 29, 2019, Ali Korman was interviewed in person. During the interview,
Korman provided the following information:

During the time Korman worked in the Mayor's Office, she had told Mayor Lenny Curry
about a matter involving City Council Member John Crescimbeni. Specifically, Korman told Mayor
Curry she had been informed that Crescimbeni was approached by City Council Member Garret
Dennis and provided with a card. The card contained the names of other City Council Members.
Dennis purportedly represented to Crescimbeni that he (Dennis) could deliver the votes of the City
Council Members listed on the card for Crescimbeni to be elected City Council President.

Korman explained that she had provided this information to Mayor Curry in confidence.

ATTORNEY DATE TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE'-

Heavener 1/29/19 Adams/Zipperer 1


State Attorney's Office
SPECIAL PROSECUTION DIVISION

MEMORANDUM

TO: Chief ASA Heavener S.A. NO: 18SA015842AD

FROM: Investigator Adams, Investigator Zipperer CASE NO:

RE: ALLEGATIONS OF SUNSHINE LAW S.I. NO\


VIOLATIONS

DATE: 02/04/2019

On February 4, 2019, Jacksonville City Council Member John Crescimbeni (hereafter


"Crescimbeni") was interviewed telephonically. During the interview, Crescimbeni provided the
following information:

Crescimbeni was asked again about allegations related to Jacksonville City Council
Member Garrett Dennis (hereafter "Dennis") approaching him about providing votes for
Crescimbeni to be elected President of the City Council. Crescimbeni said he had no recollection
of Dennis approaching him about the votes but noted that he has met with Dennis about matters
unrelated to the City Council.

ATTORNEY DATE'TYPED SECRETARY INVESTIGATOR/ AUDITOR PAGE


,, I

Heavener 02/04/18 Adams/Zipperer 1


1

1 IN THE CIRCUIT COURT OF THE


FOURTH JUDICIAL CIRCUIT, IN AND
2 FOR DUVAL COUNTY, FLORIDA.

3 S A NO: 18SA015842AD

5 IN RE: LAWFUL INVESTIGATION

7 STATE OF FLORIDA

8 COUNTY OF DUVAL

10 Sworn statement of Jeneen Sanders, January 7,

11 2019, digitally recorded and transcribed by Melanie D.

12 Simpkins, Certified Realtime Reporter, Certified


13 Realtime Captioner, Registered Professional Reporter,
··- 14 Florida Professional Reporter and a Notary Public in
,. '
15 and f·or the State of Florida at Large.

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OFFICIAL REPORTERS, INC.
24 421 WEST CHURCH STREET, SUITE 701
JACKSONVILLE, FL 32202
25 (904) 358-2090
..._....
2

1 APPEARANCES:

3 MAC HEAVENER, Esquire,

4 Assistant State Attorney,

5 Appearing on behalf of the State of Florida.

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1 I N D E X

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3 JENEEN SANDERS

4 EXAMINATION BY MR. HEAVENER 4

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1 MR. HEAVENER: All right. This is Mac

2 Heavener. I am an assistant state attorney with

3 the State Attorney's Office. Today's date is

4 January 7th of 2019.

5 This is a lawful investigation. The state

6 attorney file number -- Tim, do you have that file

7 number? Okay. The state·attorney file number is

8 in our file.

9 MR. ADAMS: 18.

10 MR. HEAVENER: 18.

11 MR. ADAMS: SAO.

12 MR. HEAVENER: 18 SAO.

13 MR. ADAMS: 158.

14 MR. HEAVENER: 158.

15 MR. ADAMS: 42.

16 MR. HEAVENER: 42.

17 MR. ADAMS: AD.

18 MR. HEAVENER: All right. There is no pending

19 case. There is no pending division. I am taking

20 ' the sworn statement of Ms. Jeneen Sanders who has

21 appeared here today pursuant to a state attorney

22 subpoena.

23 Ma'am, if you could raise your right hand. Do

24 you solemnly swear that the testimony you are about

25 to give is the truth, the whole truth and nothing


5

1 but the truth so help you God?

2 THE WITNESS: I do.

3 MR. HEAVENER: All right.

4 JENEEN SANDERS,

5 having been produced and first duly sworn as a witness,


6 testified as follows:

7 EXAMINATION

8 BY MR. HEAVENER:

9 Q And we spent a little bit of time discussing

10 your statement before we we went on the record. I

11 just want to review some of the things we discussed


12 again.
13 First of all, I have advised you that you

14 appeared here today pursuant to a state attorney's

15 investigative subpoena. I believe it was issued back

16 in November. Do you recall getting that subpoena?

17 A My attorney picked it up.

18 Q Okay. And that would have been Jon Phillips

19 at the time?
20 A Yes.

21 Q Okay. And Mr. Phillips would have been an

22 assistant general counsel at City Hall?


23 A I don't know his title.

24 Q Okay. All right. But you -- you -- he gave

25 you the subpoena?


6

!
1 A Yes.

2 Q Okay. And we have rescheduled this sworn

3 statement -- I believe we were originally going to take

4 it December 3rd and some issues developed but we

5 voluntarily agreed to reschedule it for today which is


6 January 7th, is that right?

7 A Yes.

8 Q Okay. And as we get started I explained to

9 you that the -- the subpoena that you were served Mith,

10 that state attorney investigative subpoena provides you

11 with what's called immunity and it means that as the


12 prosecutor or the assistant state attorney I will not
13 ever prosecute you for anything that you say to me or

14 that anything that I could take your statements and --

15 and determine something was criminal that you may have

16 done. Do you understand that?

17 A Yes.

18 Q All right. I did advise you that the only

19 thing that you could get in trouble for today is if you

20 were to intentionally tell me something that was not

21 true or that was false you could be prosecuted for


22 offenses like perjury or obstruction of justice. Do

23 you understand that?

24 A Yes.

25 Q All right. So as we sit here today are you


7

1 under the influence of any drugs, medication or alcohol


2 that would affect your ability to hear and understand

3 questions?

4 A No.

5 Q And are you able to hear me okay?

6 A Yes.

7 Q Are you able to understand me okay?

8 A Yes.

9 Q Okay. Could you tell me what your current

10 position is?

11 A Executive council assistant.

12 Q And where do you work?

13 A Jacksonville -- City of Jacksonville.

14 Q Okay. And is that downtown in City Hall?

15 A Yes.

16 Q And how long have you worked as an executive

17 council?

18 A Almost four years.

19 Q And could you give me a little bit of an

20 outline of who you have worked for and your tenure in

21 City Hall?

22 A I have worked for council member Anna Lopez

23 Brosche.

24 Q The whole time?

25 A Yes.
8

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1 Q And as part of your training to become an

2 executive council assistant, were you trained in


3 Florida's Sunshine laws?

4 A Not to become but, yes, we do have training

5 on Sunshine.

6 Q How often is that training?

7 A I think every year maybe.

8 Q Okay. And have you participated in each of

9 the trainings that City Hall has provided?

10 A Yes.

11 Q I over spoke -- I spoke over you. Have you

1� participated in each of the trainings, the four years

13 you have been there?

14 A Yes.

15 Q Okay. And as part of that training what is

16 your understanding of council member's ability to

17 communicate with each other about city business?

18 A They do not.

19 Q Okay. And is that a -- is that a rule that

20 is generally known in City Hall?

21 A Yes.

22 Q Okay. All right. With regard to your

23 subpoena to come here today, have you had discussions

24 with anyone other than your lawyer regarding your

25 compelled testimony today?


9

1 A No.
\

2 Q Okay. Have you spoken with Ms. Brosche about

3 the testimony today?

4 A No.

5 Q How about council member named Garrett

6 Dennis?

7 A No.

8 Q Have you spoken with any other council

9 members about your testimony today?

10 A No.

11 Q All right. I am going to describe a --


12 essentially how we got here today to give you some

) 13 background of how this investigation began because you

14 may have knowledge about the allegation.

15 Back in the spring of this year -- actually

16 spring of 2017 there was a -- a complaint made about a


17 business card being provided to a council member named

18 John Crescimbeni. Do you know council member

19 Crescimbeni?

20 A I do.

21 Q Okay. And the allegation was that the

22 bu�iness card had a list of council members' names and


23 there was an agreement that those particular council
24 members would vote for Mr. Crescimbeni to become

! 25 council president. Have you heard anything about that


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1 allegation?

2 A I have not.

3 Q Any scuttle butt from any other executive

4 council assistant about that allegation?

5 A Not that I can recall.

6 Q Okay. Is there anything that you could look

7 at that would refresh your recollection?

8 A I don't know until I see it.

9 Q Okay. Is there anyone you could speak with

10 that would refre$h your recollection about whether or

11 not you know anything about that general allegation?

12 A Not that I know off the top.

13 Q Do you ever recall talking to anyone about

14 that general allegation?

15 A I don't recall.

16 Q Okay. Have you ever talked to anyone about

17 that general allegation?

18 A Not to my recollection.

19 Q Have you -- have you had any phone calls with

20 anyone about John Crescimbeni potentially becoming

21 council president?

22 A Not to my recollection, no.

23 Q Have you engaged in any kind of electronic

24 communications, whether it's e-mail or text messages

25 about that subject?


11

1 A Not that I recall.

2 Q Okay. And how about social media? Are you

3 on social media?

4 A Yes.

5 Q What what social media platforms I think

6 is what they call it?

7 A Facebook, and I was on it in '15 and then I

8 wasn't on it again until about maybe a month ago.

9 Q Okay.

10 A Or longer. During that time I wasn't on

11 social media.

12 Q Okay. Let me direct your attention to a

13 couple of phone numbers.

14 A Okay.

15 Q What is your phone number?

16 A (904) 703-7642.

17 Q Okay. Is that a cellular telephone?

18 A It is.

19 Q And do you have any other phone numbers

20 besides that cellular telephone?

21 A I don't.

22 Q Is that a city cellular phone or is that a

23 personal cellular phone?

24 A Personal cell phone.

25 Q Okay. And do you have any routine practices


12

1 that you incorporate to preserve any city business that

2 you do on your phone?

3 A I mean I keep it in mind that I have to

4 preserve it but I really don't conduct city btisiness on

5 the phone. I use an e-mail.

6 Q Okay. And while we are talking about phones,

7 do you ever use anyone else's phone to do city business

8 with?

9 A No.

10 Q Okay. E-mails, do you use any e-mail account

11 that ends with dot C 0 J?

12 A No.

13 Q Or C O J dot net?

14 A No. Oh, I do at work.

15 Q Okay. Do you have non-work e-mail accounts

16 as well?

17 A I have a Comcast, yes.

18 Q More than one Comcast account?

19 A No, just Comcast.

20 Q Do you have any other e-mail accounts besides

21 Comcast and the work e-mail you use on the city system?

22 A No.

23 Q Do you ever do any kind of -- any kind of

24 city or city-related e-mailing on your Comcast account?

25 A No.
13

1 Q Okay. And how long have you had that Comcast

2 account?

3 A Long time. Probably since 2012, '13, but

4 don't quote me on that.

5 Q Okay. And you are confident as we sit here

6 today that you have not done any --

7 A As far as I know I have not.

8 Q Okay. To -- to insure your privacy I will

9 not ask you for your Comcast e-mail address on the

10 record. Are you able to provide that to us off the

11 record?
12 A Yes.

) 13 Q Okay. . Okay. So you gave me your phone

14 number as 703-7642. Do you recognize the phone number

15 (904) 537-7202?

16 A Yes.

17 Q Whose number is that?

18 A Anna's.

19 Q And that's Ms. Brosche?

20 A Yes. Anna Lopez Brosche.

21 Q And I am going to spell her name so if this

22 is ever transcribed. It's B R O S C H E. Did I get

23 that right?

24 A You did.

25 Q Okay. All right. And how did you -- how do


14

1 you know Ms. Brosche?


2 A I met her in the non-profit sector.

3 Q What kind of -- give me some background on --


4 A She was in a volunteer women's organization

5 that I managed.

6 Q Okay. And what was the name of that

7 organization?

8 A The Women's Giving Alliance.

9 Q Okay. All right. Very good. And then the

10 number (904) 887-1870?

11 A That's Garrett Dennis.

12 Q How do you know Garrett Dennis?

13 A I met him before Anna or right when Anna

14 decided to run he helped me in her campaign. I think

15 he run before and I was new to working a campaign.

16 Q Okay. As I indicated to you before we went

17 on the record again the reason we were here is my

18 investigator, Timothy Adams, had interviewed you and

19 you indicated you were not comfortable talking about

20 some particular questions he had. The reason that we

21 -- we have asked to speak with you today is as part of


22 our investigation of this allegation that took place we

23 obtained phone record subpoenas:

24 A Uh-huh.

25 Q And when those subpoenas -- and there were


15

1 multiple council people's records that were subpoenaed.

2 When those records were subpoenaed they showed an


3 extremely high level of phone contact between your

4 number and Mr. Dennis' number.

5 A Uh-huh.

6 Q And I will give you exact quotes. It's -- as

7 best we understand from October 1 of 2017 until Ma_rch 1

8 of 2018 there were 1,771 calls exchanged between your

9 phone number and Mr. Dennis' phone number. The amount

10 of time in seconds is about 940,443 seconds. My rough

11 estimate that's about 261 hours of time on the phone.

12 A Uh-huh.

13 Q Why is there such -- that level of frequency

14 and level of time discussipg or phone conversation

15 between you and Mr. Dennis?


16 A As explained to you we are colleagues over

17 here at council. Member Dennis and I are friends and

18 we talk.

19 ·Q And I am not -- I have no desire to get into

20 personal conversations with Mr. Denn�s. My question is

21 during any of those conversations, a�y of those 1,771

22 phone calls between October 1 of 2017 and March 1 of


23 2018, did you discuss any city business with

24 Mr. Dennis?

25 A Not that I can recall.


16

/ 1 Q Okay.

2 A I mean from -- I can remember -- can't

3 remember yesterday but, no, not that I can recall.

4 Q Okay. Did you -- were -- did Ms. Brosche

5 ever request you to act as a conduit between her and

6 Mr. Dennis to discuss city business?

7 A She has not.

8 Q Okay. And you understand that word conduit,

9 what I mean

10 A I do.

11 Q Okay. How about -- so between that same

12 period of time, October 1 of 2017 through March 1 of


13 2018, we showed that there were 450 phone calls between

14 Ms. Brosche and Mr. Dennis for a total of about 220,000

15 seconds. That's about 58 hours.

16 A Okay.

17 Q Do you did you overhear phone calls

18 between Ms. Brosche and Mr. Dennis?

19 A No. (Unintelligible) -- no.

20 Q Okay.

21 A She doesn't tell me things.

22 Q Do you have any understanding about why there

23 would be that level of contact between Ms. Brosche and

24 Mr. Dennis?

25 A I understand they are friends but outside of


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1 that, no.

2 Q Okay. One of the things that we did an

3 analysis on was Mr. Dennis spoke a lot more on the

4 phone with you than he did with his own spouse.

5 A Uh-huh.

6 Q Can you describe the frequency of the contact

7 you would typically have with Mr. nennis? I mean I

8 Rnow I have. given you these gross numbers.

9 A Not without looking. I mean we talk a lot

10 but not without looking I cannot.

11 Q Approximately how many times a day do you

12 think you
13 A I am not sure. I really don't count.

14 Q Okay. Has anyone other than -- well, let me

15 rephrase. We talked about -- you have answered the

16 question you have never to the best of your


17 recollection served as a conduit for communications

18 between Ms. Brosche and Mr. Dennis.

19 A Right.

20 Q Has any other council member asked you to

21 serve as a conduit for communications between


22 Ms. Brosche and someone else?
23 A Not that I can recall.

24 Q Have you ever done that for any other council

{ 25 member?
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1 A No.

2 Q Okay. So our initial phone records that we

3 obtained were from October 1 �f 2017 to March 1 of

4 2018. We then obtained additional records from March 1

5 of 2018 to May 31st of 2018. Those records continued

6 showing significant contact between you and Mr. Dennis

7 but those records then showed no contact between

8 Mr. Dennis and Ms. Brosche.

9 Do you have any understanding of why phone

10 contact between the two of them seemed to cease at that

11 point?

12 A I would not.

13 Q Okay. Have you had any conversations with


I .

14 Ms. Brosche about communications with Mr. Dennis?

15 A I have not.

16 Q Okay. Have you engaged in any text messaging

17 about city business on behalf of Ms. Brosche with any

18 other council member?

19 A Have not.

20 Q And that would include Mr. Dennis?

21 A Right.

22 Q Okay. And you have no knowledge about

23 Mr. Dennis or any other members of City Council

24 promising to deliver votes for City Council president?

.l 25 A Not that I can recall, no.


19

1 Q Okay. You have used the phrase not that you

2 can recall a number of times.


3 A Yes.

4 Q Is there a reason why you are answering the

5 questions with that formulation?

6 A No, not other than basic on what you told me

7 about perjuring or doing something deliberately.

8 Q Right.

9 A This is not a comfortable position to be in

10 but I want to make sure that when we are talking about

11 well over a year ago or close to a year ago --

12 Q Right.

13 A -- that as far as my memory takes me I do not

14 recall.

15 Q Okay. And that's a fair answer, and I

16 appreciate that. Have you discussed your prior

17 interview with Mr. 'Adams, the investigator here

18 that's here today, have you discussed that interview

19 with anyone other than attorneys acting on your behalf?

20 A No, not that I can recall. No. I don't

21 necessarily go out sharing that.


22 Q You haven't had any discussions with

23 Ms. Brosche about what Mr. Adams spoke with you about?

24 A No.

25 Q You haven't had any discussions with


20

1 Mr. Dennis about what Mr. Adams spoke to you about?

2 A No.

3 Q Okay. We then freshened our phone records up

4 from May 30 of 2018 to September 28th of 2018 and they

5 again show significant contact between you and

6 Mr. Dennis. Is that -- you have not -- have you

7 changed your phone pattern to Mr. Dennis since this

8 investigation began?

9 A I wouldn't think so. I mean I don't see a

10 need to.

11 Q Okay. What -- that's a -- as I indicated

12 that's an alarming volume of phone contact. Can you

13 describe generally the kinds of topics you all will

14 discuss? And I don't need you to get specific. I

15 don't want you to disclose personal business but just

16 generally what kind of topics do you discuss with

17 Mr. Dennis?

18 A Probably everything under the sun. We both

19 have seniors in high school so my daughter made a

20 change in her -- in her school a couple of years ago

21 which was somewhat -- I don't want to really get into


22 but -- in determining where she wanted to go to school.
23 He was an alumni of one of the colleges that she

24 initially looked at so we kind of discussed -- yeah,

25 children.
21

1 Like my attorney said kind of work next --

2 moving into the next phase after -- you know, knowing

3 not knowing whether or not I was going to stay after

4 my four year commitment, things of that nature, health,

5 parents which I don't want to get into that, things of

6 that nature, but things that friends talk about and

7 discuss.

8 Q Okay. So I just want to make sure, and again

9 I am not going to get into your private affairs but you

10 have discussions about children, health, career,

11 parents and friends. Anything that I am missing?

12 A No.

13 Q Okay. Again I -- yo�r subpoena provides you

14 with immunity. I am not investigating whether these

15 conversations took place upon City Hall time or not

16 City Hall time but do you have a recollection of the

17 when you have these discussions with Mr. Dennis are

18 they during the day? Are they during the night?

19 A They probably vary, and again the window is

20 so large that I don't recall but, yes, we have talked

21 on city time. Probably wasn't always -- I can't say it


/

22 wasn't about the kids at that time or a parent at that

23 time, but again I manage his office and work with his

24 aids from the time he is probably been there so some of

25 it is probably that as well.


22

1 Q Okay. And again the records speak for

2 themselves as to when the time was.


3 A Correct, correct.

4 Q Okay. So let me ask this question: If

5 someone does an analysis of the records they might be

6 able to infer that -- that a lot of conversation was

7 going around pertaining to key council events or key

8 council votes. Do you have any understanding about why

9 that would be?

10 A I wouldn't think that but then again without

11 seeing them I don't know. We did not talk about how he

12 votes, how she votes. We don't discuss that.

13 Q All right. Fair enough. And again I am

14 going to couch these questions to the best of your

15 knowledge. To the best of your knowledge you do not

16 transact City of Jacksonville business on your phone?

17 A That is correct.

18 Q To the best of your knowledge you don't

19 engage in text messaging from your phone with city of

20 council -- City of Jacksonville Council business?

21 A That's correct.

22 Q You don't do City of Jacksonville Council

23 business on your personal e-mail?

24 A That's correct.

25 Q And you don't serve as a conduit for


23

1 Ms. Brosche and other council members with regard to

2 your e-mails?
3 A That's correct.

4 Q Okay. Do you know what the process is for

5 retaining city records when people are using their

6 personal phones?

7 A I don't understand that question.

8 Q So let's say this: Let's say it's not

9 communicating between council members. Let"s say that

10 you and Ms. Brosche have a communication -- let's say

11 as a schedule matter.

12 A Uh-huh. Uh-huh.

13 Q To schedule a meeting with the mayor on

14 whatever the date is. How -- how do you all preserve

15 those records or do you?

16 A Well, preserving the records as if it's city

17 business as far as I understand it in my training is

18 not -- city business is not her saying to me make an

19 appointment with Geddes Anderson.

20 Q Right.

21 A So you don't necessarily have to preserve it.

22 Q Okay.

23 A An issue when you are not eight utilizing a

24 city phone. Now if she said to me, Jeneen, tomorrow

25 night I am going to vote yes on 2018747, it would still


24

1 be what we consider a personal message because it's she

2 and her assistant talking but we really don't do -- she

3 doesn't really send me anything in terms of how she is

4 going to vote. It's mainly this is a schedule or I

5 will be in late today or don't forget ex-party. It's

6 conversation in regards to the general administrative

7 duties if you will.

8 Q Okay. All right. So given the general

9 nature of what we have been investigating or what we

10 haven't been investigating, do you have any knowledge

11 or insight about potential sunshine law violations

12 going on at City Hall by anyone?


13 A Not to my knowledge.

14 Q Okay. And if -- and again you are confident

15 that it's not going on with regard to your

16 communications with Mr. Dennis?

17 A Right.

18 Q And you have not overheard any Sunshine

19 violations between Mr. Dennis and Ms. Brosche?

20 A I have not.

21 Q Okay. Okay. So that's all my questions.

22 Have you understood all my questions?

23 A Pretty much.

24 Q Is there any answer that you feel like you

25 need to revise, modify, change?


25

1 A No. As I said to my recollection.

2 Q Okay.

_3 A What I told you is what I recall.

4 Q All right. And again I am about to end our

5 interview and when I do this will be the final version

6 of this, so if there is anything that you feel like you

7 said that, you know, j ustJ sitting here upon further

8 reflection I do remember something, anything like that?

9 A You are asking me that now?

10 Q Yes. Is there anything that you need to --

11 that you said you didn't recall earlier but maybe now
12 you do recall? You know what I am saying?

13 A Yeah. I think I know what you are saying.

14 Q Okay.

15 A I think my answer is in terms of either

16 remembering or not recalling are probably what they


17 are.

18 Q Nothing more has jumped into your head since

19 we have been sitting here?

20 A No.

21 Q Okay. On any of the questions that you said

22 I don't recall on'?

23 A No.

24 Q All right. That's the end of my statement.

25 Have you understood all my questions?


26

1 A Yes.

2 Q And is is there any like once again is

3 there any question that you want to revisit?

4 A No.

5 MR. HEAVENER: Okay. All right. It is now

6 5:15 and we will conclude the sworn statement at

7 this time.

8 (Sworn statement concluded.)

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1 C E R T I F I C A T E

2 STATE OF FLORIDA

3 COUNTY OF DUVAL

4 I, Melanie D. Simpkins, Certified Realtime

5 Reporter, Certified Realtime Captioner and Registered

6 Professional Reporter, certify that I was authorized to

7 and did transcribe the foregoing proceedings and that

8 the transcript is a true and complete record to the

9 best of my ability of the recording.

10 DATED this 20th day of January, 2019.

11
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e, 13
14 /s/ Melanie Simpkins
MELANIE D. SIMPKINS
15 Certified Realtime Reporter
Certified Realtime Captioner
16 Registered Professional Reporter

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)

OFFICE OF THE STATE ATTORNEY


FOURTH JUDICIAL CIRCUIT
311 WEST MONROE STREET
JACKSONVILLE, FLORIDA 32202

TO: File No. 18SA015842AD

rROM: Mac D. Heavener, III, Chief Assistant State Attorn'ey

RE: Closed Investigation

DATE: February 8, 2019

This memo outlines the initial complaint our office received about potential
Florida Sunshine Law violations by Jacksonville City Council Members, the
investigative steps we took, and our legal analysis and conclusion that available
evidence would not support a criminal prosecution of any individual Council Member.
We are,.therefor�, closing our investigation.

I. Initiation and Predication for the Investigation

On February 28, 2018, Chief Assistant L.E. Hutton and I met with the City of
Jacksonville's Inspector General ("IG"), the Deputy Inspector General ('DIG"), and
members of the Mayor's office. During the meeting, Chief Administrative Officer Sam
Mousa relayed that the Mayor's office was notified that a member of City Council, John
Crescimbeni, had been approached outside of a noticed meeting by Council Member
Garrett Dennis about the delivery of a block vote in Crescimbeni's favor for Council
President. The Mayor's office was concerned that Sunshine violations may be taking
place. The specific allegation was that a source within the Mayor's Office had relayed
that Council Member Dennis provided a list of names written on the back of a business
card to Council Member Crescimbeni. Given the initial nature of the allegation, the IG

1
and this office agreed that the IG' s office would conduct a preliminary review of the
matter to determine if further investigation by our office was warranted.

Chief Investigator Tim Quick spoke with the DIG, Lisa Green1 via phone on
March 14, 20181 and she requested a phone subpoena for Council Member Dennis1 s
phone records based on the nature of the complaint (i.e. that Council Member Dennis
1

may have been assembling a block vote). We issued the requested subpoena1 and when
Chief Investigator Quick obtained the subpoena results1 two City IG investigators came
to Investigator Quick' s office to download the results on April 191 2018.1

On April 27, 20181 we suggested an in-person meeting with the IG1 s office to
review their to-date findings from review of sources available to them (e.g., City emails1
City office surveillance records, etc.) and the phone records our office shared. On April
301 20181 DIG Lisa Green confirmed a meeting for May 151 20181 at 3:30 p.m.

On May 141 20181 Deputy IG Lisa Green forwarded a written notice to Chief
Assistant Hutton and me. The notice was issued by Council Member Dennis and
indicated a public meeting would take place at City Hall on May 151 2018. The stated
purpose of the meeting was "to discuss allegations made by Council Vice President
Bowman on the topic of Sunshine Violations for the upcoming Council Leadership
Vote. 1 The notice continued1 "Additionally1 the meeting will address correspondence
1

received from the Honorable Aaron Bowman1 Vice President,of the Jacksonville City
Council on the topic of the upcoming Council Leadership Vote.'1

Because the stated purpose of the called meeting potentially concerned the same
subject as the initial complaint we received1 SAO Investigator Tim Adams/ Chief
Assistant Hutton1 and I attended the meeting at City Hall on May 151 20181 at 9:00
a.m. Council President Brosche and Council Member Dennis attended. During the
meeting1 Council Member Dennis exhibited a clear understanding of the Florida

1 That subpoena (and other phone-record subpoenas issued later) showed the need to subpoena additional phone
records for other Council Members when what looked to be out-of-the-ordinary phone contact with other Council
Members was taking place. We issued those subpoenas as well during the course of the investigc;Jtion.
2 Investigator Tim Adams joined the State Attorney's Office as an investigator shortly after we received the initial
complaint. Investigator Adams is a licensed attorney (although not in Florida) and retired from 21 years of public
service as a Special Agent with the FBI. He has significant experience investigating public corruption matters and
was ideally suited to be the lead investigator for this matter. He primarily was assisted by SAO Investigator John
Zipperer, a law enforcement officer with over 40 years of experience, including investigating corruption matters as
a JSO Integrity Detective.

2
Sunshine Law and the requirements that law placed on elected members of the
Jacksonville City Council. 3

Later that day, on May 15, 2018, at 3:30 p.m., Chief Investigator Tim Quick,
Investigator Adams, and I attended a meeting with the IG, the DIG, and several
Assistant IGs, during which they presented their preliminary findings. Those findings
showed that substantial telephonic contact had taken place between Council President
Brosche and Council Member Dennis and between Council Member Dennis and
Council President Brosche's Council Executive Assistant, Jeneen Sanders
("Sanders"). The IG also shared that some of that phone contact took place around
Council meetings.

Based upon the preliminary analysis by the IG' s office, we determined that an
investigation by this office was warranted to determine whether criminal violations of
the Florida Sunshine laws (i.e. knowing violations) existed. At that point, the
investigation also broadened from the initial complaint about Council Member Dennis
giving a list of names to Council Member Crescimbeni to a new concern that certain
Council Members were violating the Florida Sunshine Laws through non-public
telephone calls or by using a cpnduit to illegally communicate about Council business.

II. Investigative Overview .

This Office's investigation began with the covert subpoena and/or analysis of
telephone toll records, including the information and analysis provided t? us by the
IG's office. We issued multiple phone subpoenas, and often the records we obtained
showed the need for records of other Council Members. The investigation remained
covert from :February 28, 2018, until we openly interviewed Council Members in late
August through September 2018. Those interviews were non-custodial and as close-in­
time as the schedules of Council Members and knowledgeable City employees
permitted. After that, we conducted or invited a number of follow-up interviews. We
compelled one immunized statement by issuing an investigative subpoena to Council
Member Broche's Council Executive Assistant, Jeneen Sanders. We made an
investigative decision that we would not compel interviews of Council Members
identified as subjects of the investigation (i.e., Council Members who had engaged in
substantial telephonic contact) because compelling those interviews necessarily would
grant immunity to them and likely bar any cr�inal charges for Sunshine Law
violations or for any other criminal violations that might have been disclosed during
3
Our purpose in attending the meeting was to see if Council Member Dennis made any statements about the
original complaint and to determine if he made statements demonstrating his knowledge of the Florida Sunshine
Law, as those statements might prove a violation of the Sunshine Law was done knowingly.

3
compelled statements. A summary of the key facts uncovered from the investigation
follows. 4

A. Telephone Toll Analysis

We issued a number of subpoenas for telephone toll records,5 primarily covering I •

from October 1, 2017, to September 28, 2018. Because the initial complaint focused on
Council Member Dennis, the initial analysis began with his phone records. We
obtained more phone records of other Council Members once additional predication
became apparent. 6 A comprehensive analysis of the phone toll records and types of
phone contact is contained in Investigator Adams' investigative memo and is not
produced in its entirety below.

Analysis of the toll records revealed substantial telephone activity between


certain Council Members and between one Council Member and the Council Executive
Assistant of another Council Member. 7 This analysis directed our focus to those
Council Members whose telephone toll records revealed substantial, non-isolated
contact. Analysis of records showing more than 200 telephonic contacts between a
Council Member and any other. Council Member during a year is noted below.

1. Telephone activity between Council Member Dennis and


Council Member Brosche, Council Member Dennis and Council
Executive Assistant Jeneen Sanders, and Council Member Dennis
and Council Member Katrina Brown.

Telephone toll record analysis revealed substantial telephone activity between


Council Member Dennis and Sanders, the Executive Council Assistant for Council
Member Brosche and between Council Member Dennis and Council Members Brosche
and Katrina Brown. The relevant details consist of the following:

4
Investigator Adams completed investigative memo, and all interviews were documented by separate reports of
those interviews. This memo summarizes the pertinent facts obtained during the investigation.
5
Telephone toll records are business records maintained by telephone service providers that show the dates,
times, and phone numbers that communicated with a particular phone subscriber's account. By analyzing those
records, law enforcement can determine what numbers contacted or were contacted by a particular number.
Telephone toll records show contacts, l;Jut those records do not disclose the actual content of communications.
6
While we could have subpoenaed the phone records of all Council Members, we limited our investigative efforts
to the subject of the initial complaint and when records showed a Council Member having what appeared to be
out-of-the-ordinary contact with another Council Member.
7
Significant contact between a Council Member and another Council Member's Executive Council Assistant raises
the potential of someone acting as a conduit. Use of a conduit to avoid Florida's Sunshine Laws is illegal.

4
o Council Member Dennis and Council Member Brosche' s Executive Council
Assistant, Ieneen Sanders. Between October 1, 2017, and September 28, 2018,
3,128 calls took place between Council Member Dennis' s phone number and
the phone number used by Sanders, the Executive Council Assistant for
Council Member Brosche. The total time spent during all of that contact was
1,446,191 seconds, or about 402 hours. 8 Some calls to Sanders also showed
Council Member Dennis used a *67 function, which is selective caller
identification block that would indicate some attempt to conceal identity.

• Council Member Dennis and Council Member Brosche. Between October t


2017, and September 28, 2018, 454 calls took place between Council Member
Dennis's phone number and Council Member Brosche's phone number. The
total time spent during all of that contact was 223,890 seconds1 or about 62
hours. Of particular note was an abrupt discontinuation of calls after
February 281 2018 (the date of the initial complaint to our office and the IG' s
office). During the period between October 1, 20171 and February 281 20181
450 of the 454 calls took place. After that only four calls took place.

• Council Member Dennis and Council Member Katrina Brown. The only other
Council Member with more than 200 contacts with Council Member Dennis' s
phone was Council Member Katrina Brown. Between October t 2017, and
September 28, 2018, 230 calls took place between Council Member Dennis' s
phone number and the phone number used by Council Member Katrina
Brown. The time spent during those calls was 65,939 seconds, or about 18
hours.
'
The IG1 s office also compared phone contact to known City Council or Council
Committee meeting times1 and that analysis showed that Council Member Dennis and
Council Member Brosche regularly communicated by telephone around scheduled
Council meetings.

2. Telephone Activity Between Council Member Katrina Brown and


Council Member Reginald Brown

8 By way of reference and comparison, between October 1, 2017, to October 19, 2018, Council Member Brosche
had only 641 contacts with Sanders's phone with total contact duration of about 39 hours. That meant Council
Member Brosche had about an eighth of the contact with her own Council Executive Assistant than Council
Member Dennis had. Similarly, Council Member Dennis's phone and Council Member Dennis's spouse's phone'
number showed 1,941 contacts with total contact duration of about 82. hours. Stated differently, Council Member
Dennis spent about a quarter of the time communicating with his spouse's number than he did with Sanders's
number.

5
A review of Council Member Katrina Brown's telephone toll records showed
significant telephonic contact between Council Member Katrina Brown and Council
Member Reginald Brown. 9 Between October 1, 2017, and July 18, 2018, 12,598 contacts
took place between Council Member Katrina Brown's phone number and Council
Member Reginald Brown's phone. The time spent during those contacts was 888,751
seconds, or about 247 hours.

3. Telephone Activity Between Council Member Katrina Brown and


Council Member Reggie Gaffney

A review of Council Member Katrina Brown's telephone toll records showed


significant telephonic contact between Council Member Katrina Brown and Council
Member Reggie G___affney. Between October 1, 2017, and July 18, 2018, 1,804 contacts
took place between Council Member Katrina Brown's phone number and Council
Member Reggie Gaffney's phone number. The time spent during those contacts was
266,209 seconds, or about 74 hours.

4. Telephone Activity Between Council Member Katrina Brown and


Council Member Sam Newby

A review of Council Member Katrina Brown's telephone toll records showed


significant telephonic contact between Council Member Katrina Brown's phone number
and Council Member Sam Newby's phone number. Between October 1, 2017, and July
18, 2018, 737 contacts took place between Council Member Katrina Brown's phone
number and Council Member Sam Newby's phone number. The time spent during
those contacts was 136,572 seconds, or about 38 hours.

5. Analysis of Telephone Activity for Council Member John


Crescimbeni.

We obtained toll records for Council Member John Crescimbeni's phone number
based on the original allegation. Toll analysis of those records showed a much different
picture than the toll analysis outlined above. A review of toll records for the period
between March 1, 2018, to July 19, 2018,10 showed that Council Member Crescimbeni
9
Council Members Katrina Brown and Reginald Brown were indicted by a federal grand jury on\May 23, 2018, in
the case styled United States v. Katrina Brown and Reginald Brown, Case No. 3:18-cr-89-J-34-JRK. The indictment
alleges serious federal felonies that include conspiracy, mail and wire fraud, and money laundering. Due to the
significant federal charges pending against them, we have not pursued the telephone data further, as discussed
below.
10
Because of the low volume of contact with other Council Me,mbers, no investigative reason existed to subpoena
a larger date range of Council Member Crescimbeni's phone records.

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had 51 contacts with Council Member Brosche or a total duration of 6,275 seconds, or
about 1.75 hours. 11 That review also showed that during the same time period (March 1,
2018, to July 19, 2018), Council Member Crescimbeni had only 23 telephone contacts
with Council Member Dennis for a total duration of 1,261 seconds, or about 21 minutes.
All other Council Member telephone contacts during the same period were even less
than that. In sum, Council Member Crescimbeni's toll analysis reflected what one
would expect to see.

B. Interviews

Between August 29, 2018, and September 19, 2018, investigators with this office
conducted overt interviews with City Council Members, select City Council employees,
and select members of the Mayor's office. The interviews were directed to the initial
complaint and to generally explore Sunshine Law violations, particularly among those
Council Members who showed substantial telephonic activity with other Council
Members. The interviews were voluntary and scheduled at convenient times and
locations. Investigators used a uniform interview guide during the interviews.
Investigators also requested all Council Members to sign a preservation letter,
acknowledging their obligation to maintain any communications that might be
pertinent to the investigation. The purpose for the preservation letter was ensure the
preservation of any relevant communications. The receipt of the preservation letter
followed by destruction of communications potentially would support evidence
tampering charges if a Council Member subsequently destroyed relevant
communications. During the first few interviews, Council Members spoke without an
attorney present. After that, on September 6, 2018, the Office of General Counsel
("OGC") contacted Investigator Tommy McKenzie and advised that OGC represented
"all the members of the Jacksonville City Council" and would be present for all future
interviews of Council Members.

Following the initial interview of Council Member Dennis, we were contacted by


Attorney David Wells who advised that he represented Garrett Dennis. Following the
initial interview of Council Member Brosche, we were contacted by Attorney Hank
Coxe who advised that he represented Anna Brosche. Following the initial<interview of
Sanders and service of a State Attorney investigative1 subpoena upon her, we were
contacted by Attorney Geddes Anderson who advised that he represented Jeneen
Sanders.

11 Less than two hours of phone contact over four months would appear consistent with routine scheduling calls.

7
During initial interviews, investigators did not confront or challenge statements
that readily appeared inconsistent with the telephone toll analysis done to date. This
was an intentional investigative technique, as investigators did not want to identify the
potential subjects of the investigation and did not want to disclose data to those
subjects, as false statements by those subjects would be admissible consciousness-of­
guilt evidence if actual violations became apparent during interviews with others. Once
all interviews were completed, investigators planned to revisit misleading answers and
confront subjects with the toll analysis and other information learned through
interviews of others that might have been relevant to the particular subject's phone
contacts. Investigators also prepared a separate report of interview for each interview
that is contained in our investigative file. What follows is a brief summary of key
statements provided during the interviews.

1. Interviews related to the initial complaint

Our investigation revealed that the initial information about the incident
between Council Members John Crescimbini and Garrett Dennis was provided by Ali
Korman ("Korman"), the Mayor's Director of Intergovernmental Affairs. As part of her
normal duties, she regularly interacted with Council Members. On January 29, 2019,
Korman confirmed that she relayed information about the initial interaction between
Council Member Dennis and Council Member John Crescimbeni to Mayor Curry.

· We also attempted to locate individuals who might have knowledge at the


Mayor's Office. On September 17, 2018, SAO investigators interviewed the Mayor's
Chief Administrative Officer, Sam Mousa ("Mousa"), the person who made the initial
complaint to our Office. Mou_sa advised that in February 2018, Korman met with him
and advised him that she had recently met with Council Member John Crescimbeni.
She relayed that Council Member Crescimbeni told her that Council Member Dennis
had approached Council Member Crescimbeni, handed him a business card, and the
card had other Council Members' names on it. After handing Council Member
Crescimbeni the business card, Council Member Dennis said words to the effect of,
"Here are the votes for you to become president." Korman advised Mousa that Council
Member Crescimbeni took the card home. Mousa believed that Korman came to him
because the situation was egregious. He advised Mayor Curry and Brian Hughes, the
Mayor's Chief of Staff. He also contacted Carla Miller, the Director of the Office of
Ethics, Compliance, and Oversight. Miller referred him to the IG and the SAO.

On September 19, 2018, SAO investigators also interviewed Brian Hughes


("Hughes"), the Mayor's Chief of Staff. Hughes advised investigators that in February
2018, Korman advised him that Council Member Crescembini had relayed to her that

8
Council Member Dennis approached Council Member Crescembini with a business
card containing a list of Council Members who would vote for Council Member
Crescembini if he wanted to be Council President. Korman advised Hughes that the
card existedf and it contained four names.

On September 19f 2018f SAO investigators also interviewed Mayor Lenny Curry
( /Curryn ). Curry relayed that Korman approached him in February 2018. She told
f

Curry that Council Member Crescimbeni had relayed that he met with Council Member
Dennis in Crescimbenif s office. She also rel�yed that Council Member Crescimbeni
stated that Council Member Dennis gave him a card regarding the upcoming election
for Council President. The card had a list of names. After thisf Curry contacted Council
Member Bowman and provided the information.

Korman and three independent sources within the Mayorf s Officef thenf indicate
that Korman relayed that Council Member Crescimbeni was approached by Council
Member Dennis with a list of Council Members who would vote for Crescimbeni for
City Council President. Because Korman made three prior consistent statements before
we began any investigation/ Kormanf s statement is corroborated by prior consistent
statements that provide strong indicia of reliability.

Other accounts of the alleged incident were in�dmissible hearsay or were based
on inadmissible speculation by other Council Membersf but these accounts would tend
to corroborate the initial complaint. For instance/ Council Member Bowman spoke with
our office twicef on September Sf 2018f and on December 17f 2018. In_substancef he
relayed that tw_o Council Membersf Katrina Brown and Tommy Hazourif had
independently told him that Council Member Dennis was trying to sway the Council to
vote against him becoming Council President. He said that Katrina Brown later told
him that Council Member Dennis was saying things about him to Council Members
Reggie Gaffney and Sam Newby. He contacted both Gaffney and Newby to determine
if Council Member Dennis was disparaging himf but they advised him that Council
Member Dennis said he was not voting for Council Member Bowmanf but he never
solicited or encouraged them to join him.

Similarly/ on September 18f 2018f SAO investigators interviewed Council


Member Tommy Hazouri. During his interview/ Council Member Hazouri advised that
in the spring of 2018f Council Member Dennis had questioned him about why he was
supporting Council Member Bowman for Council President. Dennis advised Hazouri
that he did not think Council Member Bowman could be trusted. Council Member
Hazouri passed that information along to Council Member Bowman.

9
The primary witness to the original allegation, of course, would be Council
Member John Crescimbeni. He agreed to speak with our Office twice without
protections or subpoena. In-person interviews happened on September 6, 2018, and
December 20, 2018. Each time, Council Member Crescimbeni denied that Council
Member Dennis approached him about a group vote in his favor or that Council
Member Dennis provided a business card to him with the names of other Council
Members who would vote for him. He confirmed once more on February 4, 2019, that
he had no recollection of that interaction with Council Member Dennis.

As noted below, Council Member Dennis requested to consult with his counsel
before our investigators were able to conduct further questioning about the initial
complaint. We attempted to conduct another interview, but through counsel, he
refused. We therefore do not have Council Member Dennis's account of what
happened regarding the initial complaint. Since Council Member Dennis would be the
subject of the complaint, we are unwilling to immunize him for a further statement, as
doing so would foreclose any future prosecution and would also grant immunity if he
disclosed other offenses.

To review, Crescimbeni denied the initial allegation. Dennis invoked his right to
counsel before any questioning about the initial complaint and will no longer speak
with us, as is his Constitutional right. Thus, the initial allegation cannot be sustained
with direct evidence. At best, our only evidence of this complaint consists of a prior
inconsistent statement by Crescimbeni to Korman and some behavior by Dennis that
would tend to corroborate efforts to keep Bowman from becoming Council President.

The remaining interviews we conducted all focusecl. on the voluminous and


frequent telephone contact between various identified Council Members.

2. Council Member Brosche

On August 29, 2018, SAO investigators interviewed Council Member Brosche.


She advised that she was not aware of any alleged Sunshine Law violations and had no
specific information about the topic. She advised that she had not communicated with
other Council Members about Council matters outside of official hearings or
proceedings, but she has communicated with them about times of meetings or their
attendance. She advised that she does not regularly contact other Council Members for
matters unrelated to Council business. At the time, Investigators did not specifically
confront Brosche with the volume of calls and duration of contact between her and
Council Member Dennis or between Sanders and Council Member Dennis.

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Investigators similarly did not confront her about why her own contact with Dennis
abruptly stopped. This was intentional1 as explained above.

We did make contact with Ms. Brosche1 s counsel on January 161 20191 and
requested the opportunity to ask additional questions and provide further explanation.
Through her counset Ms. Brosche dfclined that invitation on January 251 2019. Thus1
we are unable to question her further about the frequency and duration of her calls with
Council Member Dennis1 the frequency and duration of Council Member Dennis1 s calls
with her Council Executive Assistant,, the timing of those calls in relation to Council
meetings1 and the abrupt stop in phone activity between her and Council Member
Dennis.

Since Council Member Brosche would be the subject of potential violations (from
either her own contact with Council Member Dennis or her Council Executive
Assistanf s contact with Council Member Dennis)1 we are unwilling to immunize her
for a further statement as doing so would foreclose any future prosecution and would
also grant immunity if she disclosed other offenses.

3. Council Member Dennis

On August 291 2018, SAO investigators interviewed Council Member Dennis. He


said he knew all about the Sunshine Law and had nothing to hide. When asked if he
was aware of any communication between Council Members after hours on the phone,,
1
he stated that ,,.all he did was play golt and he didn't have time for all of that.1 When
presented with a form preservation letter1 he advised that he needed to speak with legal
counsel before talking further. Based upon his request for counsel, investigators were
unable to question him further about the initial complaint. As investigators left1
Council Member Dennis advised that he "would be in touch. 1 1

Subsequently,, on January 17, 20191 this office advised Council Member Dennis's
attorney that we wished to ask additional questions. Through counset on January 231
20191 Council Member Dennis declined the invitation. Thus, investigators are unable to
question him about the frequency and duration of his contacts with Council Member
Brosche and her Council Executive Assistant,, his use of selective caller identification
during some of those calls1 and the abrupt discontinuation of phone contact between his
number and Council Member Brosche's number shortly after the initial complaint that
. began this investigation.

4. Council Members Katrina Brown and Reginald Brown

11
Based upon their pending federal charges, this Office did not pursue interviews
of Katrina Brown and Reginald Brown. We did, however, indicate to the United States
Attorney's Office a desire to speak with them about Sunshine Law violations in the
event that either agreed to cooperate and provide a protected statement under Rule 11
of the Federal Rbles of Criminal Procedure or under the protections of a Federal plea
agreement with standard cooperation language. To date, neither has spoken with
Federal authorities pursuant to proffer letters or plea agreements. Given their status,
any information they might provide would be subject to heightened attacks on their
credibility based upon the serious nature of their pending Federal charges and the
substantial Federal prison time they are facing.

5. Council Member Reggie Gaffney


·,
On September 13, 2018, SAO investigators interviewed Council Member Reggie
Gaffney. Council Member Gaffney advised that he had no knowledge about potential
Sunshine Law violations. When asked about whether other Council Members had
contacted him about Council matters outside of official hearings or proceedings, he did
state that he had heard information "on the street" that someone was going to run
against another. person. When asked to clarify who he heard that from, he advised that
he could not remember. He did acknowledge being contacted by Council Member
Bowman about the matter. He specifically stated that he did not contact any other
Council Members for matters unrelated to Council business. Investigators did not
confront Council Member Gaffney about the volume of calls between him and Council
Member Katrina Brown at the time for the reasons outlined above.

At the time of the initial interviews, OGC attorney John Phillips appeared on
behalf of most Council Members. On January 26, 2019, we advised attorney Phillips
that we wished to determine if Council Member Gaffney could provide additional
information about the investigation. On January 29, 2019, attorney Phillips relayed to
Investigator Adams that Council Member Gaffney' s explanation would be that he spoke
with other Council Members, but he did not speak about Council business and would
be willing to answer questions about specific calls if requested.

6. Council Member Newby

Council Member Newby was interviewed on September 7, 2018. Newby stated


that he did not contact other Council Members outside of official meetings and
hearings, wi:th the exception of other Council Members may have contacted him to ask
when specific meetings started. He advised that he does not regularly have contact

12
with other Council Members unrelated to Council business, with the exception of
having a social dinner with Council Member Danny Becton two to three years ago.
Investigators did not confront Council Member Newby about the volume of calls
between him and Council Member Katrina Brown for the reasons outlined above:

At the time of the initial interviews, OGC attorney John Phillips appeared on
behalf of most Council Members. On January 26, 2019, we advised attorney Phillips
that we wished to determine if Council Member Newby could provide additional
information about the investigation. On January 29, 2019, attorney Phillips relayed to
Invesp.gator Adams that Council Member Newby's explanation would be that he spoke
with other Council Members, but he did not speak about Council business and would
be willing to answer questions about specific calls if requested.

7. Council Executive AssistantJeneen Sanders

Council Executive Assistant Jeneen Sanders was interviewed on September 10,


2018. She had no knowledge about any Sunshine Law violations. She advised that
most of her communications related to City Council matters were with other Council
Executive Assistants. By design, investigators confronted her during the interview with
the volume of calls between her and Council Member Dennis with the expectation that
she would either relay the existence of an offense or would provide some credible
explanation for why Council Member Dennis was contacting her far more than Council
Member Brosche was. She advised that she and Council Member Dennis were friends,
but she did not want to provide further information. She did state that none of her'
communications related to City business. She did not know of any changes in the
relationship between Council Member Brosche and Council Member Dennis that would
explain the abrupt stop in contact.

C. Compelled Statements

As part of the investigation, this office compelled the sworn testimony of Jeneen
Sanders, the Executive CounciJ Assistant for Council Member Brosche. During her
interview, Sanders did not want to relay why she spoke so often with Council Member
Dennis. Our concern was that Sanders may have served as a conduit for
communications between Council Member Brosche and Council Member Dennis based
on the volume of calls and the abrupt stop in calls between Council Member Brosche
and Council Member Dennis on February 28, 2018. As noted above, Sanders spent
substantially more time on the phone with Council Member Dennis than she did with
her own Council Member and spent more time on the phone with Council Member
Dennis than he spent on the phone with his own spouse. A State Attorney's

13
investigative subpoena12 for Ms. Sanders commanded her appearance on December 31
2018. At request of her counset we rescheduled that statement for January 71 2019. She
appeared on that date with Attorney Geddes Anderson and provided a sworn
statement under penalty of perjury.

In substance1 Ms. Sanders denied knowing anything about the initial complaint.
She denied ever acting as a conduit between Council Member Brosche and Council
Member Dennis. She did not recall if she had ever discussed Council business on her
phone with Council Member Dennis. She denied ever hearing Council Member
Brosche discussing Council business with Council Member Dennis. As an explanation
for the level of telephone contact between her phone and Council Member Dennis1 s
phone1 she advised that the two are friends. She testified that they generally discuss
topics like children1 schoot career1 health1 and family. The only explanation she could
provide about the level of telephone contact between Council Member Dennis and
Council Member Brosche was that the two were also friends. She had no explanation
for why the telephone contact between Council Member Brosche and Council Member
Dennis abruptly ceased after February 281 2018. During her statement1 Sanders
answered that she "did not recalY' in response to eleven different questions and made
clear at the end of the statement that her testimony was to the best of her recollection.
In sum1 no evident Sunshine Law violations could be established through Sanders1
testimony.

While we could compel involuntary statements from Council Members1 we


consciously decided not to compel statements from those Council Members whose
substantial telephone activity with other Council Members made them subjects of the
investigation. To compel that testimony with a State Attorney investigative subpoena
would necessarily grant use and derivative use immunity under Florida law to the
subjects of the investigation1 and doing so would prevent our ability to pursue future
criminal charges. See Fla. Stat. § 914.04 (2017). Also1 without knowing what the subjects
might say1 granting that level of immunity potentially could provide immunity for
offenses beyond Florida Sunshine Law violations.

D. Limitations on Normal Investigative Techniques

Due to the offenses at issue being second-degree misdemeanors, the law limited
investigative tools we could use. We necessarily relied on telephone toll analysis1
voluntary interviews1 and voluntary disclosures by subjects of the investigation.

12 By compelling Ms. Sanders's testimony, we granted her immunity in accordance with Florida law. Fla. Stat. §
914.04 (2017).

14
The essential evidence needed to prove a knowing violation of the Florida
Sunshine Law is the actual content of communications that should have been in the
· open. Simple evidence of contact between identified people, standing alone, does not
establish what they communicated about. Normally, we obtain content through
voluntary disclosure by witnesses, consent searches, compelled searches by search
warrant, or real-time interception by Court-authorized electronic surveillance.

Because the suspected offenses here are second-degree misdemeanors, Florida


law limits our ability to use search warrants. Unless we can establish that the phones
were used "as a means to commit any crime/ we must show that the phones constitute
"evidence relevant to proving that a felony has been committed. § 933.02(2)(a) and (3)
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(2017). We did not develop sufficient probable cause to establish that particular phones
were used as a means to commit particular criminal Sunshine Law violations. The only
articulable facts that we could specify in a warrant application would be the contested
facts about an in-person meeting between Council Member Dennis and Council
Member Crescimbeni, and that allegation did not involve a phone.

Another useful tool for obtaining content of priyate communications is the real.:.
time interception of wire or electronic communications, a tool commonly referred to as
a wiretap. Florida law, however, does not authorize the use of wiretaps to investigate
Florida Sunshine Law offenses. See Fla. Stat.§ 934.07(1)(a) (2017) (listing authorized
crimes for which electronic surveillance can be used).

The level of offense, therefore, limited what we could use lawful process to
obtain in this investigation.

III. LEGAL ANALYSIS

Our investigation focused upon whether potential prosecutions for violating


Florida1 s Sunshine Law, Section 286.011(3)(b), Florida Statutes, were sustainable. Based
upon the currently known fact� and existing law, we conclude that they are not. Our
legal analysis follows.

The Florida Constitution makes clear that "[a]ll meetings of any collegial public
bodi of the executive branch of state government or of any collegial public body of a
county, municipality, school district, or special district, at which official acts are to be
taken or at which public business of such body is to be transacted or discussed, shall be
open and noticed to the public .. . ' Fla. Const. Art. I§ 24(b).
1

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Florida statutory law implements the public's right to open government and
directs that "[a]ll meetings of any board or commission of any state agency or authority
or of any agency or authority of any county, municipal corporation, or political
subdivision ..., at which official acts are to be taken are declared to be public meetings
open to the public at all times, and no resolution, rule,. or formal action shall be
considered binding except as taken or made at such meeting. The board or commission
must provide reasonable notice of all such meetings." Fla. Stat.§ 286.011(1) (2017). This
statutory provision is commonly known as the Florida Sunshine Law.

Open government is the expected norm. "The principle to be followed is very


simple: When in doubt, the members of any board, agency, authority or commission
should follow the open-meeting policy of the State." Town of Palm Beach v. Gradison, 296
So. 2d 473, 477 (Fla. 1974). The Sunshine Law applies to any gathering between two or
more Council Members who meet and discuss some matter on which foreseeable action
may be taken. See Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693,
698 (Fla. 1969) (intent of the Sunshine Law is to "cover any gathering of the members
where the members deal with some matter on which foreseeable action will be taken by
the board").

The Florida Attorney General has noted a few exceptions that might apply here.
Council Members may "prepare and distribute their own position statements to other
. council members ... so long as the council members avoid any discussion or debate
among themselves on these statements. However, to the extent that any such
communication is a response to another commissioner's statement, it may constitute a
violation of the Government in the Sunshine Law to circulate the responsive statement."
Op. Att'y Gen. Fla. 2001-21, 2001 WL 276607 (2001). Also,. '<a city commissioner may,
outside a public meeting, send documents that the commissioner wishes other members
of the commission to consider on matters coming before the commission for official
action, provided that there is no response from, or interaction related to such
,
documents among, the commissioners prior to the public meeting.,. Op. Att'y Gen. Fla.
2007-35, 2007 WL 2461925 (2007).

An unintentional violation of the Florida Sunshine Law is a civil matter


subjecting the offender to a fine of up to $500. See Fla. Stat. § 286.011(3)(a) (2017). A
knowing violation of the Florida Sunshine Law, though, is a criminal offense and
constitutes a second-degree misdemeanor punishable by up to 60 days in jail and a fine
of up to $500. See Fla. Stat.§ 286.011(3)(b) (2017).

Two potential Florida Sunshine Law violations exist here. The first is the original
allegation that Council Member Dennis brokered votes to offer to Council Member

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Crescimbeni if he ran for Council President. The second is the substantial telephone
activity between various Council Members, coupled with their denials about the level of
their communications with other Council Members.

With regard to the initial complaint about the contact between Council Member
Dennis and Council Member Crescimbeni, our investigation produced insufficient
admissible proof to support a prosecution. Council Member Crescimbeni denies the
allegation. The initial report identified no potential witnesses to the exchange other
than Council Member Crescimbeni and Council Member Dennis. We know of no
admissions by Council Member Dennis to any other person in which he admitted that
the exchange took place. We do not have the purported business card (if it even exists)
that might be subject to fingerprint analysis, DNA analysis, or handwriting analysis.
Council Member Dennis made no admissions to our investigators when they
interviewed him, and through his counsel, he now refuses to answer additional
questions.

Several Council Members did, in fact, relay that Council Member Dennis told
them he was not voting for Council Member Bowman or made derogatory comments
about Council Member Bowman. These statements would corroborate that Council
Member Dennis was speaking to others about opposing Council Member Bowman as
Council President, but they would not establish beyond a reasonable doubt that Council
Member Dennis committed the conduct at issue. Also, although the Florida Attorney
General's Office has indicated it "would strongly discourage such activity," merely
stating what a Council Member plans to do without seeking input or dialogue is not a
Sunshine Law Violation. Op. Att'y Gen. Fla. 2001-21, 2001 WL 276607 (2001). We
simply cannot prove a knowing violation of the Sunshine Law based on those
statements.

Korman's account of what Council Member Crescimbeni told her would not be
admissible during the State's case in chief. Council Member Crescimbeni denies that
Council Member Dennis approached him as reported. Korman' s testimony in a
prosecution against Dennis would be hearsay. See Fla. Stat. § 90.801 (2017).
Additionally, we cannot call Council Member Crescimbeni to testify about what did not
happen, if our primary purpose in calling him would be to impeach him with
inconsistent statements he made to Korman. See, e.g., Bradley v. State, 214 So.3d 648, 655-
56 (Fla. 2017) (reiterating that "a party may not call a witness primarily for the purpose
of getting an inadmissible statement before the jury as impeachment").

The second potential Sunshine Law violation is the hours of yet-explained


telephone activity between Council Members. Phone toll analysis shows that a number

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of Council Members spent many hours on the phone with one another. When asked,
they denied talking about City business (other than routine scheduling matters) and
initially denied any personal business that would generate that level of activity.
Unfortunately, we do not have the content of their communications. Because of the
level of the potential offense, we cannot use normal investigative tools to secure that
content. We are unable to seek search warrants or wiretaps, and we cannot otherwise
compel testimony without granting immunity.

Our analysis would be remiss, though, without discussing the use of potentially
false or misleading statements by Council Members as admissible consciousness-of­
guilt evidence. By way of review, between October 1, 2017 and September 28, 2018,
telephone toll analysis showed 454 calls between Council Member Dennis and, Council
Member Brosche for a total duration of about 62 hours, with an abrupt stop shortly after
we received the original complaint. Council Member Dennis, when asked if he was
aware of any communication between Council Members after hours on the phone,
stated that "all he did was play golf, and he didn't have time for all of that." Council
Member Brosche told investigators that she had not communicated with other Council
, Members outside of official hearings or proceedings, but she has communicated with
them about times of meetings or their attendance. She advised that she does not
regularly contact other Council Members for matters unrelated to Council business.

Similarly, telephone toll analysis showed that between October 1, 2017, and July
18, 2018, 1,804 contacts took place between Council Member Katrina Brown's phone
number and Council Member Reggie Gaffney's phone number with a total duration of
about 74 hours. When asked about talking on the phone about Council business,
Council Member Gaffney relayed only the incident involving Council Member
Bm,yman. He specifically stated that he did not contact any other Council Members for
matters unrelated to Council business. Through his counsel, we now understand that
he would state he never discussed Council business with Council Member Katrina
Brown.

Telephone toll analysis showed that between October 1, 2017, and July 18, 2018,
737 contacts took place between Council Member Katrina Brown's phone number and
Council Member Sam Newby' s phone number with a total duration of about 38 hours.
When questioned, Council Member Newby stated that he does not regularly have
contact with other Council Members unrelated to Council business, with the exception
of having a social dinner with Council Member Danny Becton two to three years ago.
- Through his counsel, we now understand that he would state he never discussed
Council business with Council Member Katrina Brown.

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Common sense dictates that Council members do not spend 62 hours/ 74 hours/
and 38 hours on the phone with other Council Members discussing simple scheduling
matters or irregular personal matters. Council Members/ initial denials of having
substantial telephone contact with other Council Members before being confronted with
•. the actual records provides some evidence-perhaps. compelling evidence-of
knowledge and intent. Because we are unable to show the actual content of the
communications/ though/ we could never establish beyond a reasonable doubt that any
one call or any group of partic1:1lar calls violated the Florida Sunshine Law.

For these reasons/ we are unable to prove a prima facie case that any particular
Council Member violated the Sunshine Law by their telephone activity without more.·

IV. CONCLUSION

For the reasons outlined above/ I am taking no further action and closing this
investigation.

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