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State Attorney: Morgan Campaign Ad In Northview FFA Program Not Criminal
August 5, 2016
The State Attorney’s Office has completed its review into a complaint that Sheriff David Morgan’s re-election campaign violated the Florida elections law concerning an advertisement that was published in a program booklet for the Northview FFA Blue Jacket Jamboree last spring.
The SAO found that there is insufficient evidence to prove a criminal violation. They determined that possible civil violations of the election law may have been committed, and the complaint has been refereed to the Florida Elections Commission.
The report from the State Attorney’s Office stated:
The State Attorney’s Office was contacted regarding possible election law violations by Sheriff David Morgan’s re-election campaign. These reports alleged two possible violations. The first possible violation was that Morgan’s campaign published a political advertisement that did not contain the required disclosure statement. The second allegation was that a Sheriff Office employee, Chief Deputy Eric Haines, participated in a political campaign while on duty.
Morgan’s campaign was contacted by a student representative at Northview High School to see if the campaign was interested in publishing a political advertisement in the Blue Jacket Jamboree booklet. A half-page advertisement was
purchased and was paid for using campaign funds in February 2016. Chief Deputy Haines asked his daughter to design and prepare the advertisement. On March 7, 2016, Chief Haines’ daughter completed the advertisement and sent it by email to Perry Byars, the FFA faculty advisor at Northview. Byars acknowledged receiving the advertisement and forwarding it to the FFA treasurer. This political advertisement did not contain the required disclosure stating the candidate’s name, party affiliation, or office sought.
On March 31, 2016, the Northview student responsible for the Blue Jacket Jamboree booklet contacted Morgan’s campaign deputy treasurer, Henrique Dias, to determine if the campaign was still interested in publishing an advertisement. At the time this email was sent, the student was unaware that Byars had already received the advertisement. This email was forwarded to Chief Haines the morning of April 1, 2016, shortly before he arrived at the Sheriff’s Office for work.
Haines, being concerned that his daughter had failed to complete the delivery of the advertisement, attempted to contact her. When he was unsuccessful in contacting his daughter and believing that there was an immediate deadline to return the advertisement, Chief Haines sent an email to the Northview student with the political advertisement attached. This email was sent at 9:26 a.m. while Chief Haines was on duty at the Escambia County Sheriff’s Office. This email was sent using Chief Haines personal cell phone and personal email account. No sheriff’s office computers or equipment was ever used.
The SAO said the required political disclaimer in the ad is a civil matter, enforceable by the Elections Commission with a fine up to $1,000.
The SAO also determined there was insufficient evidence to provide a criminal violation by Haines. Morgan has set forth policies and procedures that prohibit employees from engaging in political activity while on duty.
After the investigation, Haines docked himself one day of leave. For this reason, the SAO said the matter will be referred to the Florida Elections Commission for their review.
Comments
21 Responses to “State Attorney: Morgan Campaign Ad In Northview FFA Program Not Criminal”
REGARDING:
” No law enforcement officer should knowingly violate a law, even the small ones.”
Okay.
Agreed. And our laws should be known to all.
David for understanding
David Huie Green: Chief Haines’ daughter does not attend Northview and is not an FFA member. She evidently designed the ad for the flyer. Haines’ concern was only that the ad was submitted on time for the FFA flyer. Just another piece of the puzzle in the spin involved in this situation. Again, the issue to me is that the second in charge at the ECSO knew he was committing a first degree misdemeanor by submitting the ad while at work. It is an issue of integrity and character. No law enforcement officer should knowingly violate a law, even the small ones.
REGARDING:
“Haines knew he was committing a first degree misdemeanor when he used his personal cellphone on the clock and on county property.”
It looks to me like using county equipment for the project would be worse than using personal equipment. It also looks more like he did it not for Sheriff Morgan but for his daughter’s class assignment, probably spending less time than he would going to the toilet.
I agree that employees shouldn’t be working for their boss’ political benefit, but if this is the worst he has done, it still looks petty. Meanwhile, he has huge public service announcements with his picture saying, “Sheriff Morgan says lock your doors.”
Which really looks more like a misuse of public funds?
David for seeing the forest, not just the bushes
Just like Sheriff Morgan ordered his deputy take down his opponet’s campaign sign at Molino Ballpark and was ordered to put it back up. I think its time for a new Sheriff, I don’t like Morgan he loves to be on camera and I just don’t like him
Sorry but a little ad in a program booklet seen by a few hundred people is not going to make or break a politicians chances for election. At least I hope not.
David Huie Green: I always like reading your posts, but I have to ask you this question when you say, “Who cares, David for the real issues”. Do you think the Chief Deputy of the ECSO, who knowingly violates a law is not a real issue? Chief Haines’ actions question his integrity and the integrity of David Morgan. Haines knew he was committing a first degree misdemeanor when he used his personal cellphone on the clock and on county property. Instead of placing Haines’ on administrative leave and doing an internal affairs investigation, Morgan let him choose his own punishment, which cost him absolutely nothing, as at retirement time, he would have lost many days pay, as policy only lets you be reimbursed for a certain amount of leave. Haines committed a crime on duty and Morgan took no action against him as the sheriff of Escambia County. But, it’s only a little crime, so let’s just let all of the little crimes have no consequences. Any other deputy at the ECSO would have been charged if they had done what Haines did.
I just recall these words vividly:
“You lose touch with reality when you’re spending other people’s money. So that’s why I’m a big advocate of term limits…..term limits.
I would like to do a second term as the Sheriff of Escambia County but let me make this statement to this group as I make to a lot of these groups, I believe in term limits from the top of my head to the soles of my feet. If I go stupid and run for a third term do not vote for me, do not vote for me…. Because you need to cycle people out of these positions.
-Sheriff David Morgan
2010
REGARDING:
“This political advertisement did not contain the required disclosure stating the candidate’s name, party affiliation, or office sought.”
It gives his name
It gives his office.
It requests he be reelected.
Therefore, it tells you the office he wishes to return to.
It does NOT tell his party but DOES tell where to find more.
Interesting such is required but only important to those who vote straight party line or maybe to those wanting to tie him to Trump, Scott, Rubio, but that could be both sides.
Who cares?
David for real issues
While Morgan did use campaign funds for this advertisement.
The money he gave the FFA and many other organizations (as good as they are) came from the LET funds, those “donations” did not come from Morgan’s own pocketbook.
Sheriff Morgan and more importantly, his deputies, have done a fine job since he’s taken office. Yes, he’s made some questionable choices and said some things shouldn’t have been said, but who hasn’t, overall has done a good job AND WILL get my vote end of this month! We voted out one “Good ole boy”, we don’t need anymore in that position!
“area resident” and “mistakes happen” I agree with you whole heartily! Good comments!
@ JJ – are you a certain candidate running against the Sheriff? You better do a lot more work to convince me to vote for you! #NOGOODOLEBOYS!
Hey “Mistakes happen”……if anyone ever rolls a stop sign or is goin over the speed limit and kills one of your loved ones. I bet grey turns to black and white real quick for you.
“…..Morgan has been a great supporter of the FFA…… “. “…..When we make national news, he is there looking sharp, very articulate, and knowledgeable.”
No one denies that Morgan is very free with supporting various groups when he is spending other people’s money. I too could be a great philanthropist if I was using seized drug money or spending money donated to me by others.
As far as being knowledgeable on National TV, does that include the unfounded comments that the “Mexican Mafia” was tied to the Billings murders or that the triple murders of the Smith Family was a “ritualistic killing” linked to “witchcraft” brought on by the “blue moon”?
Yep, Morgan turned out to be a “true buffoon” on national TV.
Just like the presidential campaign – nothing but a political circus. These fine tooth combers have too much time on their hands and should worry about the real issues and problems in Escambia County! I can’t think of one politician that does not have skeletons in his closet. .
IT IS HOGWASH!!!!! Sheriff Morgan has been a great supporter of the FFA. He was always at the FFA events. Would everyone to have Good Old Boy Lowe back?
He has been an asset to Escambia County. When we make national news, he is there looking sharp, very articulate, and knowledgeable.
I believe that a man, Greg Fink, was arrested by the Sheriff’s Office for doing the exact same thing and faced a criminal charge. He went to court and was found guilty. I also understand that Mr. Fink was the campaign manager of Gene Valentino, who our sheriff hated and openly campaigned against. So Morgan went to the state attorney and had him arrested. So how is Morgan’s Chief Financial officer any different? Haines did the same thing and will not face a criminal charge? None of this makes any sense. Unless Morgan is using the power of his office to keep his people out of jail.
Sure, Bill Eddins finds the act non-criminal. They are buddies and worked together to have a previous Sheriff candidate arrested over a $100 bookkeeping error that was done by an unpaid volunteer campaign staff member. Bill Eddins “found” that to be criminal and arrested the candidate, three weeks before the election. Compare that “criminal” act to the Sheriff candidate in south Florida that did the same thing but he was not arrested. He paid a fine for campaign rules violation. Nice plan, Bill & Davy. You guys are a disgrace to the hard working public employees and our community.
It’s unfortunate that no one ran against Bill Eddins, this year. He won by default and that is a disappointment. He’s incompetent to be the State Attorney and was handpicked by the previous SA. He’s a nice guy; he really is. He’s just in over his head on this job.
Mistakes happen! A father followed up on his daughter’s task to make sure she had gotten it done. It probably took him two minutes to respond with his personal cell phone. Maybe he was on break?? Who really cares!! He accepted responsibility so that there wouldn’t be a firestorm on top of Sheriff Morgan. Dedra Yonker, you talk about guilt and compare this situation to a thief? One thing I have learned through life is that there are varying shades of grey. I’m sure you have had your own “grey” moments. Remember the next time you roll through a stop sign or when you travel over the speed limit that you are living in the grey with everyone else.
A mistake happened correct it and move on.. Look at all the support Clinton has even after all she has done and same goes for Trump. It’s a shame that this country can only produce two candidates of the likes of these two. Political correctness is killing the country.
Really! We’re worried about where someone advertises when people are allowed to vote without proper ID?
Really! We’re worried about where someone advertised when people don’t have to show ID to vote? Get a life!
Sounds like hogwash to me!! Being an open minded individual and being aware of these allegations prior to reading this article, I can see there was a breakdown in communication that caused a follow up email to be sent to Deputy Haines. However, he did not have to respond while on duty and the last part of this article clearly shows that he admitted guilt by docking himself a day’s pay AFTER the investigation. As a government employee myself, I am constantly reminded of the laws regarding political campaigns and what I am allowed and not allowed to do. Guilt is guilt regardless if it’s civil or criminal and someone that is charged with enforcing the law should be held to the same standard (if not higher) than everyone else. A thief isn’t let off the hook if they get caught and THEN decide to return the stolen item…..what’s the difference here?