Originally Posted - November 8, 2006

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Shhhhhh.

Don't tell anyone.

It's confidential.


An issue concerning the political advertising of Schiavo death judge George W. Greer of the Sixth Judicial Circuit is on the agenda for the Nov. 14 session of the Florida Elections Commission in Tallahassee.

It's a big secret though.

His name doesn't appear anywhere on the agenda.

And the hearings are closed to the public.


In 2004, when Greer ran for reelection, he was challenged by Jan Govan.

Raising an unprecedented amount of money for a Florida judicial campaign, Greer expended thousands of dollars on political advertising, including the filming of a political commercial on July 2, 2004, which was aired during August, 2004, prior to the Aug. 31, 2004 primary.

So when does a television commercial become a political advertisement---when it's filmed or when it's aired in an attempt to influence voters to cast their ballot for a candidate?

That question as it applies to the 2004 political campaign of Greer of Pinellas County will presumably be determined at a Nov. 14 FEC hearing.

The issue is the result of a challenge a FEC determination brought by The North Country Gazette.

The FEC will hear NCG's request for review of the FEC executive director's finding that the newspaper's August complaint about Greer's commercial was legally insufficient.

According to FEC rules, the complainant, respondent---in this case George Greer---and their respective counsels, are permitted to attend the hearing. The complainant is allowed to make a 10-minute oral statement to the commission, explaining that there are specific facts in the sworn complaint that are supported by competent evidence, showing a violation of a provision of the Florida Election Code over which the Commission has jurisdiction.

Due to the distance factor, NCG publisher had requested to make her oral statement telephonically or by teleconference which FEC denied. However, a written argument has been submitted to be included in the agenda packets for the commission members and includes Rule 3.040, Computation of Time, arguing that a prosecution for the commission of a crime must occur within two years after the commission of the crime and in this case, the last time the "crime", or violation of Florida Statutes occurred, was on or about Aug. 31, 2004, therefore the complaint of Aug. 21, 2006 was timely filed in that the two years had not yet expired.

The executive director, Barbara Linthieum, had dismissed the complaint based on a determination by David Flagg, FEC investigator supervisor who said the complaint was legally insufficient because the two year statute of limitations had expired.

The 30-second commercial showed Greer in judicial robes, in a courtroom, on the bench with his nameplate, leading the public to believe it was the Pinellas County Courthouse. Appearing in the ad with Greer were public officers including Greer's bailiff, a uniformed officer of the Pinellas County Sheriff's Office, an assistant state attorney from the office of Pinellas-Pasco State Attorney Bernie McCabe (left) and an assistant public defender from the office of Sixth Judicial Circuit Public Defender Bob Dillinger (right).
Judge George Greer's Television Ad (need Real Player to view)

Greer and the officers, in affidavits prepared for them by Greer and/or his legal representatives, claimed that they appeared on their own time and not during working hours. However, the time sheets and payroll records do not support that contention. There is evidence that the commercial was filmed during working hours on Friday, July 2, 2004, at the Pinellas County Courthouse and that the four public employees in question were paid by Pinellas County taxpayers for their time which is a violation of election law.

NCG has taken issue with Flagg's determination. It is the newspaper's position that until the filmed commercial is aired and the public becomes aware of it, there is no violation as there is no political activity. A member of the public couldn't file a complaint about the alleged July 2, 2004, filming until they learned about it. If one was to subscribe to Flagg's reasoning, a candidate could film a political commercial two years and a day prior to it airing and if a member of the public filed a complaint the same day it was first aired, the two year statute of limitations would have expired.

NCG's position is that the statute of limitations does not expire until two years after the date Greer's political commercial was aired for the last time which, according to Bright House, the advertising agency placing the ads on various TV stations and networks, was Aug. 30, 2004. Ken Salazar, advertising sales traffic manager for Bright House Networks, told NCG that "Greer ran on our system from 8/9/04 until 8/30/04".

Pursuant to a public records request, The North Country Gazette obtained invoices for George Greer's advertising campaign which clearly delineates the times, dates and places the political ads aired, showing the last one airing on Aug. 31, 2004. 11-08-06 http://www.northcountrygazette.org/articles/090106SchiavoJudge.html http://www.northcountrygazette.org/articles/090506PoliticalProbe.html

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