State of Florida COMMISSION ON ETHICS P.O. Drawer Tallahassee, Florida

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1 Linda McKee Robison Chair Stanley M. Weston Vice Chair Michelle Anchors Matthew F. Carlucci Michael Cox I. Martin Ford Tom Freeman Wiley Horton Susan Horovitz Maurer State of Florida COMMISSION ON ETHICS P.O. Drawer Tallahassee, Florida John Knox Road Building E, Suite 200 Tallahassee, Florida Virlindia Doss Executive Director C. Christopher Anderson, III General Counsel/ Deputy Executive Director (850) Phone (850) (FAX) "A Public Office is a Public Trust" PRESS RELEASE For Immediate Release CONTACT PERSON: Virlindia Doss or Kerrie J. Stillman May be accessed on the Internet at TALLAHASSEE Meeting in Tallahassee on June 5 th in closed session, the Florida Commission on Ethics took action on thirty-four complaints and one referral, Chair Linda Robison announced today. The Commission found probable cause to believe that GLORIA UZZELL, former Liberty County Schools Superintendent, misused the school district credit card to make numerous personal purchases. However, no probable cause was found to believe that Ms. Uzzell misused her position to intimidate or retaliate against a district employee or sheriff's deputy. The Commission also considered a matter referred by the Florida Department of Law Enforcement concerning former Lieutenant Governor JENNIFER S. CARROLL. Probable cause was found to believe that she violated disclosure laws by filing

2 2 inaccurate financial disclosure forms for the 2010 filing year. However, no probable cause was found to believe that she accepted compensation given with the intent to influence her vote or action in her official capacity. No probable cause also was found concerning an allegation that she had a conflicting contractual relationship with a company or that her contract with that company created a frequently recurring conflict between her private interests and the performance of her public duties. The Commission considered a complaint filed against Sarasota County Commissioner JOSEPH A. BARBETTA, finding no probable cause on eight allegations: that he voted on measure that benefited his wife; that he had a conflicting contractual relationship with a company while the company was doing business with the County; that he accepted compensation, payment, or a thing of value which was meant to influence his vote; that he violated financial disclosure laws by filing an incomplete 2012 CE Form 6 financial disclosure form; that he voted on a matter inuring to the special private gain or loss of a company in which he held stock; that he had a conflicting contractual relationship with a company while it was doing business with the County; that he had a voting conflict when he voted on a matter involving an entity, whose stock he owned; and that he had a conflicting contractual relationship by virtue of his stock ownership while the company was doing business with the County. Probable cause was found to believe that DONALD H. ARMSTRONG, Lee County School Board Member, failed to complete mandatory ethics training for the calendar year The Commission also found probable cause to believe that he filed inaccurate information concerning his liabilities and net worth on his 2013 CE Form 6 financial disclosure form. However, because Mr. Armstrong is no longer in office and

3 3 was forthright in admitting his errors, the Commission will take no further action on the complaint unless he requests a hearing. The Commission found no probable cause to believe that West Volusia Hospital Authority Board Member ANDY FERRARI, had a conflicting employment relationship with a business entity doing business with the Authority. The Commission considered a complaint filed against Sunrise City Commissioner LAWRENCE A. SOFIELD. No probable cause was found to believe that he misused his position to benefit himself or his wife. No probable cause was found to believe that MAX ROYLE, St. Augustine Beach City Manager, misused his position to allow the City Attorney to use the City's website to promote his private law firm. Similarly, the Commission found no probable cause to believe that St. Augustine City Attorney DOUGLAS N. BURNETT misused his position to advertise his law firm on the City's website. In a related complaint, St. Augustine Mayor ANDREA SAMUELS was cleared of allegations that she misused her position to allow the City Attorney to use City resources for his personal benefit. The Commission found probable cause to believe that former Wakulla County Commission Candidate STEVE DWAYNE CUSHMAN filed an inaccurate 2013 CE Form 6. Probable cause was found to believe that he also filed an inaccurate 2013 CE Form 1 as a member of the Wakulla County Code Enforcement Board and Wakulla County Marine Advisory Board. No probable cause was found to believe that Notary Public CHERYL MORELLO misused her position to improperly notarize a document for a customer of her store.

4 4 Under the law, if a person holds public office or employment and their failure to file the required financial disclosure form is deemed to be willful, the penalty is removal from office. The Commission is required to initiated a complaint against a public officer or employee who has failed to file their annual financial disclosure form to determine if the individual's failure to file the form was willful. In a self-initiated complaint concerning City of Fellsmere Building Board of Appeals Member STEVEN ARNOLD, the Commission found probable cause to believe that Mr. Arnold willfully failed to file his 2013 CE Form 1 disclosure. Similar complaints initiated against SETH PATRICK McBRIDE, former Marion County Planning and Zoning Commission Member, and MAURICE GARCIA, former member of the Miami-Dade County Community Council Area Two, were dismissed because the Commission determined that Mr. McBride and Mr. Garcia no longer hold any public office or public employment. The Commission voted to dismiss a complaint filed against ROBERT L. BULZER, an employee of the Department of Corrections, finding that the public interest would not be served by further proceedings. The Commission dismissed the following complaints for lack of legal sufficiency: HOWARD FORMAN, Broward County Clerk of Court; ANNA ENGELMAN, Attorney; TERENCE CALLOWAY, FAMU Police Chief; DARREN BAXLEY, University of Florida Deputy Chief of Police; DAVID HENDRY, University of South Florida St. Petersburg Chief of Police; JIM RUSSELL, Florida State University Deputy Chief of Police; WILLIAM HOPE, Florida Polytechnic University Chief of Police; FRANK MACKESY, University of North Florida Chief of Police; DAVID PERRY, Florida State University Chief of Police; LINDA STUMP-KERNICK, University of Florida Chief of Police;

5 5 CHARLES LOWE, Florida Atlantic University Chief of Police; J.D. WITHROW, University of South Florida Chief of Police; LEN SWADLOW, 17 th Judicial Circuit Assistant State Attorney; HECTOR MARTINEZ, Ft. Lauderdale Police Sergeant; KIMBERLY ANGEL, Gadsden County Senior Probation Officer; JON STEWART FUCHS, 2 nd Judicial Circuit Assistant State Attorney; KENNETH NAILS, Mediterra South Community Development District Chairman; SUSAN GLICKMAN, Florida Lobbyist; LORENA VOLLRATH-BUENO, 2 nd Judicial Circuit Assistant State Attorney. The Commission's reviews for legal sufficiency are limited to questions of jurisdiction and determinations as to whether the contents of the complaint are adequate to allege a violation of the Code of Ethics or other laws within its jurisdiction. As no factual investigation precedes the reviews, the Commission's conclusions do not reflect on the accuracy of the allegations made in these complaints. PUBLIC SESSION The Commission adopted a formal advisory opinion that determined no prohibited conflict of interest would be created if an attorney in a law firm is appointed as a zoning hearing officer in zoning appeals and variance cases and members of the firm represent clients on unrelated matters before the city commission, its subordinate boards, and city staff. However, if other members of the firm represent clients before a zoning hearing officer, or the hearing officer or another attorney of the officer's firm represent a client in a circuit court or before other forums challenging an order arising from a zoning hearing officer's decision, a prohibited conflict would be created. In another opinion, the Commission states that no prohibited conflict exists where an employee of the Department of Business and Professional Regulation (DBPR) holds

6 6 a license issued by DBPR and has private employment with an entity licensed by DBPR. Simply holding the license does not create an employment or contractual relationship and the employee is not in a position at DBPR to influence the licensing process for his own benefit. The employee's agency (his bureau at DBPR) does not issue the licenses and the employee is not in a position to influence the licensing process to benefit his employer or to convey and confidential information concerning licensing to his employer. The Commission also adopted an opinion interpreting the mandatory ethics training statute. The opinion concluded that the law does not require a constitutional officer or an elected municipal officer to complete ethics training for a calendar year in which the officer leaves public office. The Florida Commission on Ethics is an independent nine-member commission formed in 1974 to review complaints filed under the statutory Code of Ethics and to answer questions from public officials about potential conflicts of interest through its issuance of advisory opinions. Contact the Commission office to obtain rulings on appeals of automatic fines imposed for late submission of financial disclosure reports submitted by public officers and employees. (See Item V. on the June 5 th meeting agenda posted on the Commission s website.) If the Ethics Commission believes a violation of the law may have occurred, it may decide to hold a public hearing. If it concludes a violation has been committed, it may recommend civil penalties that include removal from office or employment and fines up to $10,000 per violation.