By Marvin G. Cortner

Editor

The Florida Elections Commission Friday issued a consent final order in which Jay Wheeler, district 1 Osceola County School Board member, stipulates that he violated campaign spending laws by using political donations to pay personal expenses.

Wheeler entered into the order voluntarily and on the advice of counsel. The order states that he made campaign expenditures for Embarq, Exxon/Mobil and Travelers Insurance in violation of Florida statutes.

Wheeler has been assessed total fines and costs of $17,000, which includes a $500 fine for one violation of Section 106.07(5) and $16,500 in fines for 20 violations ($825 each) for Section 106.19(1)(d).

Wheeler had agreed to the terms of the order on Aug. 4, and the commission and Wheeler signed the document Oct. 17, with final approval of the order made by the commission in mid-November, followed up with a final signature Dec. 7.

Tom Long, who is now a School Board member in district 5, filed the complaint Feb. 15, 2010, before he decided to run for office and when Wheeler was running for re-election to a third term. Wheeler in the August 2010 primary beat the late-Nancy Gemskie.

Following Long’s filing, Wheeler repaid his campaign several thousand dollars, specifically for the kind of items mentioned in the complaint.

The commission also stated that Wheeler, by agreeing to the terms of the order, waived the right to any further proceedings and the right to appeal. The order also states that Wheeler has to pay for his own attorney fees and costs associated with the case.

The complaint involved six allegations against Wheeler: a $1,000 expenditure to Osceola High School to sponsor a sign on school property; non-disclosure of the OHS sign sponsorship; failure to list an in-kind $500 contribution from the School District; use of campaign funds to pay for cellular phone use for himself, his wife and his daughter; use of campaign funds to defray normal living expenses for himself and/or his family for the purchase of gasoline and automobile insurance; and use of campaign funds to pay for cable television, Internet and telephone service at his home.

Wheeler continually denied the allegations even as he repaid more than $2,000 worth of expenses.

"In essence, Mr. Wheeler stipulated that he converted contributions to pay his normal living expenses," Long said in an email comment. "I believe the fines that could have been levied against his 2006 campaign would have dwarfed this settlement, if the statute of limitations had not prevented prosecution."

Long was referring to Wheeler's spending leading up to the 2006 election. According to documents filed with the Osceola County Supervisor of Elections Office, Wheeler for that campaign used contributions to cover costs very similar to what he reimbursed his campaign for in the last election.

Wheeler also faced ethics complaints relating to his campaign, also filed by Long, but with the Florida Commission on Ethics. However, those complaints were dismissed. Wheeler sought  $15,000 from Long to cover legal expenses related to the ethics charges, claiming they were frivolous, but the Commission on Ethics decided not to allow Wheeler to recover those costs.

Wheeler had filed to run as a Republican in the 2012 Osceola County Commission district 1 race but then withdrew, saying he would be running for re-election to the School Board in 2014.

Wheeler did not respond to a request from the News-gazette for comment directly, but in his weekly email blast he wrote the following:

“According to my attorney not one person deposed said that I was dishonest. I have never tried to hide anything. All along I’ve always said that the only person who’s opinion matters to me is my wife Laura’s. I told her that I made mistakes with my campaign account right away. She was mad enough at me for everyone. I told her that I’d improve, correct it, and make sure I would not do it again. To that end I paid my campaign back for any funds used incorrectly right away …”

“My attorney and I both thought that we could litigate and prevail. The expense of litigation was prohibitive. So instead I decided to cut my losses and settle. Seeing how the elections commission started out well over 45K, and I started at $250. We both agreed to a 17K fine which has been paid in full.”

“This is going to be the most Tom Long will ever accomplish and the most salacious thing that will ever happen to me, Tom Long and Cindy Hartig love investigations, it’s like a hobby for them. Their idea of good government and mine are diametrically opposed.”

“Considering that former U.S. President George W. Bush and current U.S. VP Joe Biden paid a total of over 300K in election fines, this kind of stuff just comes with the territory. In the end the FL Elections commission stated that I made unauthorized campaign expenses, and filed inaccurate reports. What they intentionally left out was that I did fully cooperate with them, and that I did reimburse my campaign for any “unauthorized expenses.” I did exactly what I told my supporters I’d do with campaign contributions, and that was “WIN.” To those who feel let down by me, I am sorry. What I am not is perfect, and if that is the benchmark no one will ever reach it. Perfect is the enemy of good.

“... Surely my being fined will be the center of my next opponents campaign. Meanwhile voters vote for people who will make things better, and that’s why they have elected me 3 times in a row. Elected School Board members need to focus on HS grad rates, reading/science/math/writing score improvements, perpetuating good programs for students, and finding new programs to keep students motivated and lowering dropout rates. Instead the Osceola Board loves custodial contracts, and investigations. My idea of good government and theirs could not be more different.”