A second Wellington councilman opened a legal defense fund to secure his win during the village’s botched March 2012 elections and got thousands of dollars in gifts from key opponents to the $ 80 million Equestrian Village project.
But Councilman John Greene did not appear to violate any laws in doing so.
According to a Palm Beach County Commission on Ethics memorandum of inquiry and a gift disclosure form Greene filed with the Florida Commission on Ethics:
- Wellington equestrian Victoria McCullough contributed $4,000 to his legal defense fund.
- Wellington businessman Neil Hirsch gave Greene $2,948 in temporary housing and gifted him with $3,180.39 toward a vacation and $450 for a Boys & Girls Club annual gala..
- And Palm Beach businessman Steven Rappaport contributed $5,000 to his legal defense fund. Rappaport and Hirsch are both managers of the Black Watch polo team and directors of Sperin Inc., which owns Player’s Club, bordering Equestrian Village.
Greene didn’t violate any ethics laws by accepting McCullough’s donation because he was not an incumbent councilman nor had he yet been sworn into office when he accepted the money on March 28, county ethics investigator Mark Bannon wrote in a Dec. 6 memo to the commission’s director. Also, McCullough did not register as a lobbyist until June.
There are no state, county election or ethics rules governing legal defense funds, but gift laws apply: Elected officials can’t accept gifts greater than $100 from lobbyists or companies or people employing lobbyists.
Hirsch at one time did appear to meet the definition of lobbyist — but he filed a letter with the state showing he resigned as director of the Wellington Equestrian Preservation Alliance, which employs a lobbyist, one day before Greene took his gifts.
Prior to moving into Hirsch’s guest house, Greene asked the county ethics commission for an opinion on staying there.
The commission, in a June 8 letter to Greene, said he should not accept gifts from Hirsch in excess of $100 as long as Hirsch continued to serve on the board of directors of Wellington Equestrian Preservation Alliance.
Hirsch on Aug. 31 resigned as director of the organization, effective June 8, according to Florida secretary of state records.
“This resignation shall be effective as of June 8, 2012,” Hirsch wrote in the resignation letter, which the state time-stamped Aug. 31.
Greene’s disclosure form says the temporary housing lasted from June 9 through Aug. 14.
Two matters related to Hirsch’s property came before the village during Greene’s stay, and, on the advice of Wellington’s attorney, he did not participate in discussions nor vote on either of them.
“Based upon the facts and circumstances presented, there is no indication that Councilman Greene accepted a gift from Mr. Hirsch in exchange for a future vote,” Alan Johnson, then executive director of the county ethics commission, wrote to Wellington’s attorney on Oct. 5.
The ethics commission in the same letter did, however, caution Greene to keep in mind that state law prohibits public officials from using their official positions to corruptly secure or try to secure special privileges for themselves or anyone else.
Based on the county’s lobbyist registration database, Rappaport does not meet the definition of lobbyist.
Greene in early January told The Palm Beach Post that the ethics commission inquired about his legal defense fund.
“I complied and provided all the information that was requested,” he said.
His form is postmarked Dec. 21, for the quarter ending Dec. 31, even though he included gifts from earlier quarters. Gifts are supposed to be reported on the last calendar day for the calendar quarter in which they are received. Greene has filed no other disclosure forms with the state since being elected in March.
“I just wanted to get everything from 2012 on file with the state,” Greene said on Jan. 3.
He did not return subsequent calls for comment.
Mayor Bob Margolis also accepted gifts for a legal defense fund: $4,000 from McCullough and $2,500 from Hirsch.
But, unlike Greene’s case, at the time of McCullough’s donation she was registered as a lobbyist, and at the time of his gift, Hirsch was a director of Wellington Equestrian Preservation Alliance.
Neither the state nor county ethics commission will comment on whether they are investigating Margolis’ contributions.
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