OHIO ELECTIONS COMMISSION MARK W. MILLER Case No. Cincinnati, Ohio J, Complainant v. TAMAYA DENNARY) COMPLAINT Cincinnati, Ohin - Serve also at: Cincinnati, Ohio Serve also at: Cincinnati, Ohio Serve alga at: Cincinnati, Ohio a and FRIENDS OF 602 Main Street, Suite 808 Cincinnati, Ohio 45202, and KEVIN Treasurer. Frinndq nr?ramaya Dennard Cincinnati, 01110 43206, Serve also at: Cincinnati, Ohio Respondents. As for his Complaint, Complainant alleges as follows: 1. MARK W. MILLER is an Ohio citizen and elector and resident ofthe City ofCincinnati, County of Hamilton, Ohio. I 2. TAMAYA DENNARD is a ?candidate? as de?ned in RC. 3. FRIENDS OF TAMAYA DENNARD is a ?campaign committee? 213 de?ned in RC. authorized by TAMAYA DENNARD to receive contributions and make expenditures on behalf of her candidacy for Cincinnati City Council. 4. A. true and accurate copies of the Designations of Treasure!? filed with the Hamilton County Board of Elections on behalf of FRIENDS OF TAMAYA DENNARD are attached here-to as Exhibit A. 5. Respondent KEVIN TIGHE is the treasurer of FRIENDS OF TAMAYA DENNARD. 6. On January 29, 2020, KEVIN TIGHE filed the 2019 Annual Report of FRIENDS OF TAMAYA with the Hamilton County Board of Elections. 7. A true and accurate copy of the 2019 Annual Report, including the supporting documentation filed therewith, is attached. hereto as Exhibit B. Violations Nos. 1 to 6 Conversion ofCampaign Funds R. C. ,5 35] 113(0) 8. Within the Expenditures reported in the .2019 Annual Report, a payment is reported as being made to TAMAYA DENNARD on August 19, 2019, in the amount of $2,000.00, with the stated purpose ofthe payment being ?Consuttiog?. A copy of the cheek making this payment as included with the 2019 Annual Report follows: FRIENDS OF TAMAYA gamma 3- w. 1108 1.9.11: .4. - M--. 11% am . . Itm.AMg~ ?Dag 1533;; f} . m- . .. mamas ?3 15;; PM. fzrq". r: F. u~ a. 9. Within the Expenditures raported in the 202 9 Annuai Report, a paymem is reported as being made to DENNARD on. October 25, 2019. in the: amount of $700.00, with the stated purpose of the payment being ?Consulting?. A copy of the check. making this payment as included with the 2019 Annual Report follows: -. . . EMENDS OF TAMRYA 32saw woman ma :3 mm? seem EATS mi?fwg??i? . eta-team - - PKY .. I ?c?gigo. t. OLWHE-J . .. . . . 7:15?) i i .. ??5er .Mme. . ?53? 3 .0. -. 33395 :3 a" 1 25%. 3 3' in Stag e. 3?s? --: sigh? 8n: 10. Within the 2019 Annual Report, no supporting documentation is provided to otherwise support orjustify either the $2,000 payment or the $700 payment to TAMAYA DENARD. I I. On February 7, 2020, The Cincinnati Enquirer reported on the above?referenced payments to TAMAYA DENARD from FRIENDS OF TAMAYA DENNARD. 12. A true and accurate copy of the EnquirerArn?cle from The Cincinnati Enquirer is attached hereto as Exhibit C. 13. Within the Enquirer Article, KEVIN is quoted as explaining the $2,000 payment and/or the $700 payment to TAMAYA DENARD as being essentially ?kind of drawing a salary?. 14. RC. 3517.136?) speci?cally prohibits a bene?ciary of a campaign fund or other person from converting for person use anything of value from the campaign fund, including payments to a bene?ciary for services the bene?ciary personally performs. except as reimbursement for certain campaign?related expenses. i5. R.C. speci?cally prohibits a person from knowingly giving to the bene?ciary of a campaign fund or other person anything of value from the campaign fund, including payments to a bene?ciary for services the bene?ciary personaiiy performs, except as reimbursement for certain cainpaignwelateti expenses. l6. TAMAYA DENNARD is the bene?ciary of FRIENDS OF TAMAYA DENNARD. 17. The $2,000 payment or the $700 payment to TAMAYA DENARD were not permitted under RC. 3517.i3(0) as they were for a salary or payment for consulting to TAMAYA DENARD. 18. Even if the $2,000 payment or the $700 payment to TAMAYA DENARD might be considered reimbursement, there is no indication that such reimbursements were within. the ambit of permissible reimbursement under R.C. 3517.13(0) or that such reimbursements were for expenses that were legitimate, veri?able, ordinary and necessary. See OEC Advisory 01301. No. 874'. 19. Violation No. I: TAMAYA DENARD violated RC. 3517.1 3(0) in receiving, the $2,000 payment from FRIENDS OF TAMAYA DENNARD. 20. Violation N0. 2: TAMAYA vioiated RE. 35 1.7.1309) in receiving the $700 payment from FRIENDS OF TAMAYA DENNARD. 2i. Wolatioa N0. 3: KEVIN TIGHE violated RC. 3517.i3(0) in knowingly giving or making the $2,000 payment to TAWYA DENARD from FRIENDS OF TAMAYA DENNARD. 22. Violation No. 4: KEVIN TIGHE violated RC. 3511136)) in knowingly giving or making the $700 payment to TAMAYA DENARD from FRIENDS OF TAMAYA DENNARD. -5- 23. Violation N0. FRIENDS OF TAMAYA DENNARD violated R.C. in knowingly giving or making the $2,000 payment to TAMAYA DENARD. 24. Violation No. 6: KEVIN TIGHE violated RC. 3517136)) in knowingly giving or making the $700 payment to DENARD. Violation No. 7 Unsupported Expemlituresm R. C. 351. 25. RC. speci?cally provides that ?[e]very expenditure in excess of twenty?- ?ve dollars shall be vouched for by a receipted bill, stating the purpose of the expenditure, that shall be ?led with the statement of expenditures.? 26. Within the Expenditures reported in the 2019 Annual Report, four separate payments are reported as being made to Tom, Inc, all on November 12, 2019, in the total amount of $398.68, with the stated purpose of the payments being ?Car Rental?. 27. The only support for these payments is indications on a bank statement of: debit card transactions for these four separate payments to Tum, Inc. 28. Violation N0. 7: FRIEN DS OF TAMAYA DENNARD violated RC. in failing to support with appropriate receipts the payments totaling $398.68 for rental cars so as to establish that such payments were campaignwreleted expenses that were legitimate, veri?able, ordinary and necessary for the campaign, and-not the conversion of cempaign funds for personal 1136. MARK W. MILLER, having been duly cautioned and sworn, states that the facts in the foregoing Complaint are based upon his personai knowledge Mark W. Miller are true and accurateClary Public f3? ?96 *9 git a: NOTARY mac-sweamme .15 My commission hasnoexp?ua?m Gate 33 . 33 390.147.93RB. ?33- \e'e 3 I "him ??95959?.