Florida Commission on Ethics P.O. Drawer 15709, Tallahassee, Florida 32317-5709 "APublic Office is a Public Trust" COMPLAINT 1, PERSON BRINGING COMPLAINT: Name: ANTHONY THOMAS, JR. “TelophoneNumber: 232-265-2575, ‘Address: 2726 Lemon Sweet city: Fm Myer ‘County: LEE ‘State Floida Zipcode. 33916 2, PERSON AGAINST WHOM COMPLAINT IS BROUGHT: Use a separate complaint form for each person you wish to complain against Name: PevckDiges ___Tolaphone Number: #19-304872 ‘adresy: 210 Whidnan Way, iy:FetMyes County bE Zip Coe: 3901 Tile of ofce or postion held or sought: Cis of Polis, Fort Myers Polis Department 3, STATEMENT OF FACTS: Please provide a full explanation of your complaint, describing the facts and the actions of the person named above and why you believe he or she violated the law. Include relevant dates and the names and addresses of persons whom you believe may be witnesses. Please do not submit more than 18 pages, including this form. Please do not submit video or autio tapes, CDs, DVDs, flash drives or other electronic media; such material will nt be considered part of the complaint ‘and will be returned. aon stare or__ countyor Jae |, the person bringing this complaint, do Sworn to (or affirmed) and subspribed before me this, Swear or afm thatthe facts set forth in 5 dayot__Se7om bar the foregoing complaint and attachments er A Ts thew se tue and eared tothe best of 20—L 1 by His Hans eas ‘my knowledge and beliot {name of porzon making sateen) Tin, Tpe oF Slomp Commissioned Name Fora ete Jars 82017 Personally Known __OR Produced Identification Geapncdoyretcncan Tue 7OTOt}@.FAC. Type of identification Produced: (Jee sureFrom the Office of Anthony Thomas, Jr. Chairman of Citizens for a Better Fort Myers Government. In July 2029, | recelved anonymous information In reference tothe City of Fort Myers Florida Chief of Police Derrick Diggs. The information stated the Chief of Police had been using his Government/Cityisued creditcard (purchase card) to engage in extravagant dining outings to include the purchase of alcoholic beverages at the local high-end Veranda Restaurant which is located about a block away from the Police headquarters and directly across the street from the City Hall. Due tothe specific details and private nature ofthis information it was reasonable to conclude the source of ths information was a whistle-blower. Utlizing the Florida Publi Records Law 119, and through due diligence, | requested the Police Chiefs purchase card transaction history (Exhibit A) and was appalled to observe a clear, unabated, abuse of taxpayer funds, and misuse ofa city issued purchase card. Chie Diggs frequented the Veranda Restaurant approximately thirty-two times. Visits to this restaurant also included other city officals, including but not limited, to the Mayor (Randall Henderson], City Manager (Saeed Kazemi), Cty Attomey (Grant Alley), and the Lee County Tax Collector (Larry Hart) ‘This reckless and leresponsible use of taxpayer funds by Chief Diggs is unconscionable! For Instance, on the transaction history (Exhibit A) on 8/8/2007, a $384.93 purchase was made at ‘an extravagant Italian dinner outing in New York City, at the Carmine's Theatre District located at 200 W aath St, New York, NY 10036. This dinner meeting was for nine: The Cty Mayor, City ‘Manager, the Police Chief, Police Captains, and other dignitaries. This was a clear violation of ‘the City of Fort Myers purchase card policy F.5.. 112,061 Per Diem and travel expenses of public officers, employees, and authorized persons. In addition tothe abuse there are clear examples of misuse ofthe purchase card by the Chief of Police for personal use to include purchasing boots and a Sirius Satellite subscription. After requesting the public information about the transaction history of the Chief's purchase card. Chief Diggs signed a 2016 Cardholder Agreement (Exhibit 8). “The city manager at ths time has required the Chief of Police to sign anew policy agreement in reference to this matter (Exhibit )., referenced in Sections Two and Three, enumerating the prohibited uses of the purchase card. This action by the city manager, in and of itself, acknowledges the wrongdoing that has already been identified Exhibit, isan Addendum to the City Policy on purchasing which enumerates the rules and policies regarding the purchase card program of which Chief Diggs has woefully ignored and violated.‘The State Ethic Commission should be aware that on August 5", 2019, the Fort Myers City Council voted in a tie vote (3 to 3), to conduct an investigation into Chief Diggs’ misuse of ‘government funds. Fort Myers Mayor Randy Henderson who participated at numerous dinners ‘with the Chief using government funds was adamant in interfering and voting against any Investigation In dosing, ! respectfully request that the State Ethics Committee conduct an independent and competent investigation into the misuse of government funds by the police chief. This Investigation should include determining ifthe police chief used government funds to purchase ‘alcohol as the government whistleblowers stated in orginal anonymous letter to me. Itis our ‘opinion that the city shouldbe reimbursed for all costs associated with the chief's misuse ofthe ‘purchase card and city funds, and that a fine be assessed by this commission to discourage ‘government employees from such future abuse. Below you will find a witness lst of those who are aware ofthe fraud and misuse of ‘governmental funds Respectfully submitted, ae ny Tone Chaieman of Citizens For A Better Fort Myers Government 2726 amon Steet Fort Myers F316\WiTIess ust CITY COUNCIL MEMBERS: ‘+ Teresa Watkins Brown: Address, 2200 Second Street, City Council Chambers, Fort Myers, FL33901. (Phone) 239-281-0198 Johnny W Streets, J: Address, 2200 Second Street, City Council Chambers, Fort Myers, FL33901. (Phone) 239-321-7002 ‘+ Terolyn Watson: Address, 2200 Second Street, city Council Chambers, Fort Myers, FL 33901. (Phone) 239-265-7703 ‘+ Kevin Anderson: Address, 2200 Second Street, City Council Chambers, Fort Myers, FL 33901. (Phone) 239-984-6550 ‘= Fred Burson: Address, 2200 Second Street, City Council Chambers, Fort Myers, FL 33901. (Phone) 239-425-6024 MAYOR: Randal Henderson: Address, 2200 Second Street, Cty Council Chambers, Fort Myers, FL 33901, (Phone) 239-321-7000 CITY MANAGER: Saeed Kazemi, Address, 2200 Second street, City Council Chambers, Fort (Myers, FL 38901. (Phone) 239-851-1753, DEPUTY DIRECTOR OF FINANCIAL SERVICES: Christine Tinney, Address, 2200 Second Street, City Council Chambers, Fort Myers, FL33901. (Phone) 239-321-7186 EXHIBITS. Exhibit A: Police Chief Digg’s purchase card transaction history. (7 Pe) Exhibit B: Chief of Police Diggs’ 2026 signed Cardholder Agreement. (1 Pg) Exhibit C: Chief of Police Diggs’ signed 2019 Purchasing Cardholder Agreement. (1 Pg) Exhibit D: Addendum Statutes, Rules and Policies. (2 pg)Dep ect Poke Te VenahDn Cte comma Eonar ate eng Deg Derik Pole GAR ORSNENSPESSCRE- Chet Osi ay pepper(IT OF FORT MVERS PURCHASING CARD Carcholser Agreement “Te ty of Fort Myers pleased to present you wt ths Purchasing Card. Although the cards sed in You name, lscompany property ard shouldbe used wth goos judgment to safeguard and protect the Cty of Fort Myer assets. Your signature below verfes that you understand and wil comply wh the Purchasing Cara Program guidelines outined below. | Desc cas hereby acknowledge receipt of Cy of Fort Myers purchasing car, card number 000% 120000000 I ast four 8) is) thot wil ony Be used to purchase material and supplies forthe Cy of Fore yrs. | are to comply with the Purchasing Card Program gudelines relating tomy use of ‘the purchasing card ‘Asan authored cardholder, understand 1. The Purchasing Cardi provided to employes on her need to purchase business elated gods and Services. | furter understand that the Cy ofFort Myers may terminate my right Ouse the sng Card at ay time for ay ease. ure 2. The Purchasing Card shall be used for authorized buns related purchases ony, an apree not to ‘make personal charges tothe card. 5. The eardhoe ithe only person authori to use the Purchasing Card and is responsible for al ‘hares made vgalns the card 4 Any personal charges onthe card shale considered misappropriation of Cty funds whieh may Fesut in dcpnary action, up to and inclu tration of my employment. 5. Thatllreceipt aor other puchaee docrentatln shal be provided tothe department purchasing card reconcerllocatorno Iter than the next busines do 6. That! shall sender the Purchasing Car upon requst or upon termination of employment for any 11 the ear is stor stolen | wll inmedlaey not Sank of Ameria (eal customer serce number tnbackof cari). wil le nat the Gy of Fort Myers Purchasing Card Programm Adminstrator in vit, the fist opportunity during busines hours. ewan sn DMD jy owe 8) £6 BYE Print time: PARAL ce relephone ¢ (i i a Aor purchasing ard Atminrator Senate: Poa. COL pate: DO 1Gly of Fr jes Franti Savon Depart PURCHASING AND CONTRACTS DMSION PURCHASING CARD AGREEMENT (CARDHOLDER) ‘Yau ar beng enutad wth 2 Cly of Fort Myers Purchasing Cat (PCat. To cat is rovded to you based on your rood ‘Saueose corres and snes forthe Cy of Fort jer ke an enrment no elective ot tie. goaon The ead nay bo seve a ay tne wit your pormisen Your Sonture below irdeass at you Fave posed tbe P-Card Tut ea, ‘hd wit compl ttre ft aptement nahe PCa Polos & Prods Mana 1 an atte mai comes en a tye yee a vo Caracal in a susMr FORM‘Addondum ~ 4 Statues, Rules and Poll 4, City of Fort Myers, Florida Purchasing Card Program: Section |, Introduction; Item (C) ; Who Does What? ‘Sign employee authorization statement Hold and Secure purchasing card Order materials and services Collect and save sales receipts to submit to Department roprocentative ‘Match receipts with monthly card statement Review monthly statements for validly ofall transactions ‘monthly charges with supervisor * Identiy disputed charges 2, City of Fort Myers, Florida Purchasing Card Prograt Section Il, Policies and Procedures; Item (B-2) Limit City Purchases Only: ns on Use of Purchasing Card “The purchasing card isto be used for Cty authorized purchases only. “The purchasing card cannot be used for any personal use and any such will require immediate reimbursement and will result in disciplinary action that may include dismissal. 3. City of Fort Myers, Florida Purchasing Card Program: Section Il, Policies and Procedures; Itom (B-5) Prohibited Use of Purchasing Cards: Prohibited Uses of Purchasing Cards “The folowing types of tems may not be purchased with a purchasing card, no matter the dollar ‘amount ‘a, Vehicle repairs; b. Travel expenses such as hotels, food, and airline tickets (unless otherwise authorized); Cash advances; Telephone charges; Items aveilable through the office supply contract; ‘Any items or services avallable on a City Annual Quote; ‘Amy addtional goods or services specifically restricted by the Purchasing Department4, City of Fort Myers, Florida Purchasing Card Program: Section ll, Policies and Procedures; Item (3); If for some reason the card holder does not have documentation of the transaction to ssond with the statement, he/she must attach a description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card. 5, 2019 Florida State Statutues: F.S.S. 112.061 Per Diem and travel expenses of public officers, employees, and authorized persons; statewide travel management system; F.S.S. 112.061 (6) Rates of Per Diem and Subsistence Allowance (b) Alltravelers shall be allowed the following amounts for subsistence while on class G travel on official business as provided in paragraph (5) (b): 1. Breakfast. $6 2. Lunch. coe 3. Dinner, $19 {¢) No one, whether traveling out of state or in stat, shall be reimbursed for any meal or Jogging included in a convention or conference registration fee paid by the state.