STATEMENT OF FACTS

This ethics complaint outlines multiple violations of state ethics law and the Sunshine Amendment stemming from
Commissioner Stacy White’s unprecedented misuse of office to further a legal case in which he has admitted in
court and to the Ethics Commission is of personal benefit.

White has used his office to further this lawsuit against the very County he servers by improperly using the powers
of his office to obtain tens of thousands of dollars in gifts, to compel public employees to further his case to his
personal benefit, to attempt to unilaterally enter into legal contracts in his official capacity, to use his office to obtain
gifts and violating the the ban on gifts from political committees.

In addition to this unprecedented misuse of office, Commissioner White has consistently violated the Sunshine
Amendment and other state laws to avoid disclosure and accountability by omitting information from ethics
commission filings, refusing to file a required reports, failing to timely provide requested public records, and failing
to disclose a conflict of interest to the Commission.

These issues show that despite Commissioner White issuing a release stating “We are a nation of laws and they exist
for a reason” and claiming in the press that these actions are because he " want[s] to be sure we’re not moving
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forward .. inconstant(sic) with state law ," he has constantly violated Chapter 122 and other state laws to further his
own personal goals. I believe it is vital that elected officials do not pick and choose the laws they follow and that
they place ethics paramount over their pursuit of personal or political benefit and that is why I am filing this
complaint and have collected this statement of facts.

I have outlined the facts I was able to collect, consisting of at least 27 incidents of violation of state law by
Commissioner White for further investigation by the Ethics Commission. Due to the volume of violations, I have
separated the complaint into two parts: Part 1: Commissioner White's misuse or office for personal benefit and Part
2: Commissioner White's consistent failure to disclose legally required gifts and documents to prevent the public
from knowing the extent of misuse of his office.

Part 1: Misuse of Office for Personal Benefit

We have obtained documentation of at least 12 individual incidents of misuse of office that we request the
Ethics Commission investigate. However, due to the lack of disclosure by Commissioner White we encourage
further investigation to determine the full extent of the breaches of ethics law. The 13 individual violations can be
categorized into three main misuses of public office:

1. White used his position as a County Commissioner to enter into a contract with a law firm in his
official capacity as a County Commissioner without the authorization or approval of the
Hillsborough County Commission and utilized those attorneys to bring a lawsuit against the County.

On November 26, 2018, White signed an engagement letter with the Banker Lopez Gassler law firm
(“​BLG​”), which letter states that White will be represented in his “capacity as a county commissioner” and that such
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representation will be “without charge.” The letter is signed by Chris Altenbernd, a BLG shareholder, and Martin
Garcia, who is not affiliated with BLG. It is unclear whether BLG consented to Garcia’s apparent authority on

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WTSP Interview with Commissioner White:
https://www.wtsp.com/amp/article%3fsection=news&subsection=investigations&topic=10-investigates&he
adline=commissioner-tries-to-block-hillsborough-county-sales-tax-for-transportation&contentId=67-62036
3341
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​Engagement Letter between BLG and White. ​Appendix A.
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behalf of BLG, and whether BLG’s professional liability insurance carrier was aware of or consented to this unusual
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arrangement. BLG was named a “Best Law Firm” in Tampa and touts that it exhibits the “highest moral and ethical
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standards.”

White’s execution of the engagement letter with BLG constitutes a contract, and White’s execution of this
contract was not approved or authorized by the County Commission or the County Attorney, despite White’s entry
into the contract in his official capacity. This contract directly conflicted with his oath of office, his duties as a
commissioner, and the stated position of Hillsborough County’s governing body.

On March 12, 2018, Altenbernd also filed on behalf of Stacy White, as an individual in a related case under
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the the same engagement, and the same attorney claimed to represent him in his official capacity as a County
Commissioner just 3 days later. Following a ruling by the Circuit Court on March 15 holding that White is not able
to sue in his official capacity, the same attorneys filed an amended complaint for White bringing suit as an
individual in the same case.

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It is clear from Altenbernd’s billing records there were at least six separate occasions in his billing record
where he and Mr. Garcia were working on either of those personal motions despite Commissioner White having
entered into a contract in his official capacity.

These facts show not only did White enter into the contract without the official power to do so, as required
by the County Charter, but that White utilized his official position to engage those same lawyers for his personal
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benefit at least eight times at significant cost in violation of state ethics law and entering into a conflicting
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employment and contractual relationship in violation of state law .

2. White violated gift prohibition laws by directing and accepting a gift of public relations services in
excess of $25 from his own political committee through a vendor, Audie Canney in December of 2018
for the purposes of furthering his legal case.

Commissioner White directed a vendor to his political committee to coordinate with Bascom
Communications LLC and an aide to his office to further a legal case according to text messages obtained through
legal discovery in his case and public records requests by a citizen. The messages revealed that Mr. White got
services for his legal case from a vendor to his political campaign Audie Canney (a registewred lobbyist and
political consultant in Hillsborough County) and used his committee to compensate Canney through a company
owned and operated by Canney, Aaim Consulting LLC. These actions were directed by Commissioner White and
show that he both directed and accepted a prohibited gift from his own political committee to further his case.

3. White used County resources to further this case which include directing employees to work on a
legal case in which he believes he will personally benefit.

In addition to engaging legal counsel in his pursuit of this case, he also utilized his staff and county
resources on multiple occasions. Emails obtained via public records request via another citizen show that on at least
four separate occasions in November and December of 2018, Commissioner White directed his staff to assist with

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​https://www.bankerlopez.com/news/Banker-Lopez-Gassler-2019-Best-Law-Firm-Rankings
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​https://www.bankerlopez.com/about
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​Court Filing in Hillsborough County Circuit Court, Appendix B
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Altenbernd Billing Hours for Commissioner White in his official capacity, Appendix D
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​Florida Statutes, 112.313(6)
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​Florida Statutes, 112.313(7)
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the lawsuit, and continues to do so . Specifically, White’s official staff worked with Bascom Communications LLC
to produce documents for the case, despite no documented arrangement with Bascom. The work by Bascom and
county staff was for purposes of securing a personal benefit for White in connection with his case in violation of
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state law .

4. White used the official seal of Hillsborough County for impermissible political purposes​.

On October 16, 2018, White held what he has called a ‘press conference’ in a Hillsborough County
Commission conference room with the official seal of Hillsborough County behind him. No press was actually
present at the press conference. In reality, the so called press conference was a made for the internet political video
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coordinated with White’s political ally and advisor - Sharon Calvert. Video footage of the press conference was
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posted to the YouTube channel of Eye on Tampa Bay, an opinion website . The publisher of Eye on Tampa Bay is
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Sharon Calvert. Calvert routinely communicated with White on matters of political strategy

Florida law requires the “express approval of the governing body” for the use of county seals in a manner
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other than in connection with official duties. White has admitted that the October 16, 2018 press conference was
organized for political purposes unconnected to his official duties as a county commissioner. Accordingly, White
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may have committed a second-degree misdemeanor by improperly using the official seal of Hillsborough County
in connection with his political activity.

Part 2: Failures of Disclosure as Required by Florida State Law

We have obtained documentation of at least 14 incidents of disclosure and withholding records for the
Commission to investigate. However, due to this pattern of surreptitious behavior by Commissioner White, we
encourage further investigation to determine the full extent of the breaches of ethics law. The 14 violations of
disclosure and public records laws are divided into the five categories below:

5. White violated gift disclosure laws by accepting public relations services in excess of $100 from
Bascom Communications LLC in November and December of 2018 and failed to file a required
Form 9 Quarterly Gift Disclosure for the fourth quarter of calendar year 2018.

As a county commissioner, White is obligated to report to the Florida Commission on Ethics any “gifts”
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received in the prior calendar quarter, with such report due on the last day of such calendar quarter. The definition
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of “gift” includes “personal services for which a fee is normally charged by the provider.”

Public records requests show that during November and December 2018, Bascom Communications LLC
provided significant public relations services to White, including the preparation of an op-ed in the Tampa Bay
Times, strategy on how to maximize the impact of the op-ed, and the facilitation of a conference call with influential
Senator Tom Lee. Bascom’s website states that “[w]e’ve worked inside the halls of government, we’ve sat inside the

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​Evidence of such communications are in the possession of Complainant due to a response to a public records
request.
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​Florida Statutes, 112.313(6)

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​https://www.youtube.com/watch?v=lxy4DKkKY2k
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​http://www.eyeontampabay.com/
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Communications are in the possession of Complainant due to a response to a public records request.
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​Florida Statutes, 165.043.
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​Florida Statutes, 165.043.
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​Florida Statutes, ​112.3148(8)(a).
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​Florida Statutes, 112.312(12)(a)
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war rooms of campaigns, and have advised some of Florida’s most influential leaders, CEOs and Fortune 500
executives.” Presumably, these are services for which “a fee is normally charged” yet White did not disclose this gift
or the value thereof.

Bascom has provided personal services to White, in his official capacity as a county commissioner, since at
least November, 2018, yet White has never disclosed this gift nor the value thereof to the Commission, in violation
of Florida law. This is despite the fact that he filled out an incomplete gift form for other professional services on
this case.

6. White violated gift disclosure laws by accepting services in excess of $100 from multiple Banker
Lopez Gassler attorneys in November and December of 2018 and failed to file a required Form 9
Quarterly Gift Disclosure for the fourth quarter of calendar year 2018.

Commissioner White filed a Form 9 on March 29 declaring the gift of legal services from Altenbernd and
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Garcia but he did he only listed gifts from Mr. Altenbernd, not from Banker Lopez Gassler or any other attorneys
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at the law firm. Chapter 112 requires all gifts be reported if over $100. According to Mr. Altenbernd time records
at least two attorneys at Banker Lopez Gassler spent nearly 2 hours working on his case with him alone, yet neither
their names nor the firms name appear on Mr. White’s Form 9, hourly ratings for other attorneys at Banker Lopez
Gassler indicate the value of both meeting to be over $100. There is also likelihood of more gifts from the law firm
of Banker Lopez Gassler as these are only ones known through Mr. Altenbernd’s records not anyone else.

7. White violated gift disclosure laws by refusing to place a value on the gift of legal services in excess of
$100 from Banker Lopez Gassler in November and December of 2018 despite such value being
reasonably ascertainable.

Commissioner White filed a Form 9 on March 29 declaring the gift of legal services from Altenbernd and
Garcia but he did not disclose the amount of the gift. Chapter 112 requiring that the "monetary value of the gift" be
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disclosed unless unknown. However, Mr. Altenbernd kept contemporaneous time records and his hourly rate of
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$400 is known from court filings and obviously known to the attorneys working for Mr. White. These two
documents indicate the value of Mr. Altenbernd time should have been reported as at least $28,980 on the Form 9.
When combined with the failure to file for other gifts, this issue becomes more egregious.

8. White withheld public records for several months when citizens requested information about his use
of his office to further his case.

In December and January 2018, Hillsborough county citizen Kevin Thurman made a request of
Commissioner White for public records under the Sunshine Amendment for all emails and texts related to the White
lawsuit. They were requested from White in December and were given to Thurman in January of 2019. However a
subsequent records request in March that was fulfilled in April of 2019 show that 7 separate emails and texts to
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Commissioner White were withheld from the previous requests without explanation . Refusing to produce these
records for months enabled Commissioner White to avoid scrutiny for his misuse of office.

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​Appendix D
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​Appendix E
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​Appendix E
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​Appendix F
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​Communications are in the possession of Complainant due to a response to a public records request.
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 9. White did not disclose any conflicts of interest as required under Chapter 122 when voting on
matters pertaining to his personal legal case against the county

On at least four separate occasions, Commissioner White voted on issues pertaining to his legal case and
questioned County contractors and staff on the record without disclosing his conflict of interest that could benefit or
injure himself, as as court filings argued on his behalf. He failed to disclose these conflicts before, during, or within
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15 days of the meeting in violation of state law . These meeting videos can be obtained on the Hillsborough County
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YouTube page, agendas at the Hillsborough County website, and voting records at the Clerk of the Court website
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.

WITNESSES

Complainant believes that the individuals below have personal knowledge of the facts alleged herein:

Chris Altenbernd Martin Garcia

501 E. Kennedy Boulevard, Suite 1700 1700 S. MacDill Ave., Suite 240
Tampa, FL 33602 Tampa, FL 33629
(813) 294-8436 (813) 253-3999
Attorney Representing Commissioner White Attorney Representing Commissioner White

Megan Nixon Audrey Canney

Office of Commissioner Stacy White AAIM Consulting Services, LLC
601 E. Kennedy Blvd. 2208 Crosby Road
Tampa, FL 33602 Valrico, FL 33594
(813) 272-5740
Aide to Commissioner White Political Consultant for Commissioner White

David Garcia Sharon Calvert

Office of Commissioner Stacy White 340 Pinellas Bayway S., Apt. 307
601 E. Kennedy Blvd. St. Petersburg, FL 33715
Tampa, FL 33602 (813) 969-0436
(813) 272-5740 Associate of Commissioner White
Aide to Commissioner White

Tom Lee Sarah Bascom

915 Oakfield Drive, Suite D 217 S. Adams St.
Brandon, FL 33511 Tallahassee, FL 32301
(813) 653-7061 (850) 222-2140
State Senator and Associate of Commissioner White Political Consultant for Commissioner White

Kevin Thurman
101 S 12th St.
Tampa, FL 33602
(813) 446-8623
Citizen that obtained public records

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​Florida Statutes, 112.3143 (3)(a)
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​https://www.youtube.com/channel/UCvdfJe4Q4u9YudwH89yJkDQ
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​https://www.hillsboroughcounty.org/en/government/meeting-information/agendas-recaps-and-minutes
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​https://www.hillsclerk.com/About-Us/News-Center/BOCC-Vote-Search-Tool
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 Appendix A:
Engagement Letter between Commissioner White and Banker Lopez Gassler and Martin Garcia

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 Appendix B:
Court Filing by Mr. Altenbernd on Behalf of Mr. White as a Taxpayer*

* Full Filing available from the Clerk of the Court of Hillsborough County

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 Appendix D:
Mr. White’s Form 9 front page

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 Appendix E:
Mr. Altenbernd Time Tracking for Contract with Mr. White

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 Appendix F
Affidavit Showing Mr. Altenbernd Hourly Rate

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