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HomeMy WebLinkAbout2001 03 14 Regular C Business Card Use . COMMISSION AGENDA ITEM C Consent Informational Public Hearing Regular X March * 200 I Meeting ~w Mgr. / Dept. Authorization PURPOSE: The City Attorney wishes to inform the Commission about his research into the matter of business card use, and asks for the Commission's direction in requesting a formal . opinion on the matter from the Commission on Ethics. CONSIDERATIONS: The Mayor and City Commissioners have expressed a desire to use city business cards for identification purposes during the course of handling their private business and personal affairs. Research by the City Attorney has revealed that no legal authority or opinion exists expressly addresses this issue. To acquire such a formal opinion, the City Commission must determine whether they want to formally request one from the Commission on Ethics, and to authorize the City Attorney to do so. FUNDING REQUIRED: Time and expense costs to be incurred by the City Attorney, which is undetermined at this time. . RECOMMENDATION: It is recommended that the City Commission formally vote on requesting a formal opinion from the Commission on Ethics regarding the use of city business cards for personal and private affairs. . . . March 12, 2001 City Commission Regular Agenda Item "C" A TT ACHMENTS: Letter, dated February 27, 2001, from City Attorney Anthony Garganese to CityManager Ronald McLemore Letter and legal citations, dated February 5, 2001, from City Attorney Anthony Garganese to Chris Anderson, Esq., State Commission on Ethics COMMISSION ACTION: , . BROWN, WARD, SALZMAN & WEISS, P.A. \. ATTORNEYS AT LAW Usher L. Brown · John H. Ward · Gary S. Salzmano Jeffrey S. Weiss Suzanne D' Agresta Anthony A. GarganeseO Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Althur R. "Randy" Brown, Jr. Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz ) ) ) North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Website: www.orlandolaw.net e-mail:agarganese@orlandolaw.net · Board Certified Civil Trial Lawyer o Board Certified Business Litigation Lawyer o Board Certified City, County & Loeal Government Law . February 27, 200] Mr. Ronald McLemore, City Manager City of Winter Springs ] ] 26 East S. R. 434 Winter Springs, FL 32708 Re: Business Card Issue Dear Ron: . In your absence at the February ] 2, 200 I City Commission meeting, I advised the City Commission that the staff attorneys of the Commission on Ethics were unable to render an informal opinion regarding the appropriate use of City business cards. The staff attorneys felt there is insufficient legal precedent in which to render an informal opinion. Therefore, in order for the City Commission to receive an 'ethics opinion regarding this issue, the City Commission will have to request a formal opinion from the Commission on Ethics. A formal opinion requires that the issue be presented to the full Commission on Ethics, who will conduct an appropriate public hearing before issuing a formal written opinion. The City Commission has asked that this item be placed on an upcoming City Commission agenda so that they can determine whether they want to request a formal opinion. ~ . Mr. Ronald McLemore, City Manager City of Winter Springs February 27,2001 Page 2 Enclosed for the City Commission's consideration is the February 5, 2001 letter that I prepared for purposes of requesting an informal opinion. I have also included with that letter a copy of a previous ethics complaint that was filed In re John Reed Buckley which was provided by the staff attorneys. In addition, I have enclosed a copy of the Commission on Ethics opinions 77-175, 75-45, and 91-38 and Gordon v. State of Florida Commission on Ethics, 609 So.2d 125 (Fla. App. 4 Dist. 1992), which were also cited in my February 5 letter. . In re John Reed Buckley it was alleged in an ethics complaint that Mr. Buckley was misusing his position on the Airport Authority by using his Authority business cards, which were paid for with public funds, to promote the candidacy of persons seeking seats on the Authority. Mr. Buckley apparently wrote the names, of preferred candidates on the cards and handed them out at gatherings. The Commission on Ethics found that the allegations in the complaint were insufficient to support a finding that Mr. Buckley misused his public position in violation of S 112.313(6), Florida Statutes. The Commission on Ethics noted that the complaint contained insufficient facts to indicate that Mr. Buckley violated S 112.313(6), Florida Statutes. The Commission on Ethics also specifically noted that the complaint contained no allegations demonstrating how Mr. Buckley's conduct would be considered "corrupt" for purposes of the Code of Ethics. As such, the dismissal of the complaint made against Mr. Buckley may have been more because of an inadequately drafted complaint and insufficient allegations, rather than Mr. Buckley not violating S 112.313(6), Florida Statutes. I would, therefore, caution the Commission from reading too much into the dismissal of the complaint against Mr. Buckley. Furthermore, as I indicated at the February 12th City Commission meeting, whenever the misuse of a public position is considered under S 112.313(6), Florida Statutes, a violation of that section only occurs when it can be demonstrated that the public official acted "corruptly". Corruptly has been defined to mean something done with a wrongful intent and for the purpose of obtaining or receiving compensation for any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his public duties. Because there is an issue of intent in proving a violation of S 112.313(6), Florida Statutes, the Commission on Ethics has been reluctant in the past to issue opinions regarding misuse of public position because no final conclusion can be drawn whether a violation exists under this provision without a determination of intent which can only be made through an investigation and hearing. As such, an advisory opinion from the Commission on Ethics on this issue may be of little assistance in addressing the issue that I presented to the Commission on Ethics in my February 5, 2001 letter. . If the City Commission desires an opinion from the Commission on Ethics, we need to advise the Commission on Ethics staff so that the issue presented by the City Commission can be submitted to the Commission on Ethics sometime in the very near future. The Commission on Ethics meets once a month and their agenda is set approximately several weeks in advance, so there can be a 60 '" . Mr. Ronald McLemore, City Manager City of Winter Springs February 27,2001 Page 3 . . to 90-day time period between the date that the City requests an ethics opinion and the date that an opinion is actually rendered. item. I will be happy to answer any questions when the City Commission considers this agenda AAG:kj Enclosures F:\DOCS\City of Winter Springs\General\Ethics\MeLemoreOO l,kj Anthony A. Garganes City Attorney .. ~(Q)~~ . BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher 1. Brown · John H. Ward · Gary S. Saizmano' Jeffrey S. Weiss Suzanne D' Agresta Anthony A. GarganeseO Scott D. Danahy James G. Vickaryous Allison Camtine McDonald Alfred Truesdell . Arthur R. "Randy" Brown, Jr. Brett A. Marlowe Jeffrey P. Buak: III North Orange Ave., Suite 875 Post Office Box 2873 . , Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Web~ite: www.orlandolaw.net agarganese@orlandolaw.net · Board Certified Civil Trial Lawyer o Board Certified Business Litigation Lawyer o Board Certified City, County & Loeal Government Law. February 5,2001 -. Via Facsimile -- 850 488 3077 . Via u.s. Mail Chris Anderson, Esq. Commission on Ethics State of Florida 2822 Remington Green Circle - Suite 1 P 0 Drawer 157 Tallahassee, FL 32317-5709 Dear Mr. Anderson: The undersigned represents the City of Winter Springs as City Attorney. On behalf of the City Commission of Winter Springs, I am requesting an informal opinion regarding the issue set forth and explained below. FACTS . At the City's nominal expense, the City provides each City Commissioner and the Mayor with city business cards. The city business cards are ordinary and simple, and sim~lar to the typical'. business cards carried daily by millions of people. In this case, the city business cards contain general information !egardmg the City, including a copy of the City seal and the City's name, address and telephone and fax numbers. In addition, the city business cards are personalized for each Commissioner and the Mayor by including their respective name, city title and e-mail address. The \ ;; . . Chris Anderson, Esq. Commission on Ethics State of Florida February 5,.2001 Page 2 Commissioners and the Mayor regularly carry the city busIness cards on their person and they , distribute them in many situations to identify themselves and to provide contact information. THE BUSINESS CARD .-. ~e business card, as is true in every area where business cards are used, serves to.identify the name and status of the person presenting the card. The business card also has the desired effect of being a convenient means of introduction and eliminating coIifusion in identifying and , communicating with individ~als. For the most part, the use of business cards is a matter of personal taste and local custom. But, one could reasonably argue that th~re is an implied notion in our society that a business card is part of an individual's persona and that there is an expectation that it will be used in a variety of personal and business situations. Moreover, there is an expectation that elected' officials will use their business cards as an efficient and: cost-effective means of introducing themselves to constituents, community leaders, developers, arid others in a variety of sitUations to promote the community that has elected them to public office. THE CITY COlVlMISSION'S INQUIRY In this context, members of the city commission. and the Mayor predominantly use city bu~iness cards for identification purposes while performing official duties and attending government related functions. On occasion, however, the Commissioners and the Mayor would like to use the city business cards as a means of introducing and identifying themselves when engaged in other affairs, including personal aff<:rirs. For example, in the course of conducting their private business affairs, a Commissioner and/or the Mayor may also identify an opportunity to promote the City. During the course of this dual private/public situation, a city business card may be presented, in person or correspondence, to an individual for identification. and information purposes and as a gesture of good will. -- Therefore, the issue presented is: During the course of handling their private business and personal affairs, may the . <:ity Commissioners and/or the l\tIayor occasionally provide, upon or without request, city business cards to individuals in person or with correspondence? . LEGAL ANALYSIS In summary, my legal research revealed no legal authority or opinion of the, Commission on Ethics expressly limiting the use of city busi.ness cards. However, a previous opinion of the' Commission on Ethics stated it was proper for a state representative to enclose a business card in .. . ~ . . Chris Anderson, Esq. Commission on Ethics State of Florida February 5,2001 Page 3 corresponqence to constituents. But unlike the issue presented here, the representative printed the cards athis own expense. Further, there is a line oflegal authority restricting the use of government stationery when such use has no public purpose, which, at first blush, seems somewhat related to the issue presented. Notwithstanding, it is my view the opinions regarding stationery should not be broadly construed to apply to the use of business cards because the personal nature of using a business card is clearly distinguishable from the nature of using government stationery, which is clearly intended to manifest an official act. Furthermore, from a public policy perspective, the impositio'n of significant restrictions on the use of.city business cards could lead to confusion and absurd legal results which the Florida Code of Ethics is not intended to cause. Accordingly, as explained below, it is my opinion that during the course of handling their private business and personal affairs, it would not be per se improper for a City Commissioner and/or the Mayor to distribute, upon or without request, a city business, card to an individual in person or with , , correspondence. -. Section 112.313(6), F10ljda Statutes, appears to be the provision of the Code of Ethics most applicable to the City Commission's inquiry. It provides: MISUSE OF PUBLIC POSITION. No public officer. or employee of an agency shall corruptly use or attempt to use his official position or any property or resource which may be within his trust, or perfQQl1 .his official duties, to secure a special privilege, benefit, or exemption for himself or others. This section shall not be construed to conflict with Section 104.31. The term "corruptly" is defined as follows: "Corruptly" means done with wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties. -- Section 112.312(9), Florida Statutes. . The Commission on Ethics has opined that Section 112.313(6) prohibits public officials, from using their official positions to secure special privileges or benefits for themselves or another, where the official's actions are taken with wrongful intent to obtain said privilege or benefit and are inconsistent with the proper perfonnance of the official?s public duties. See CEO, 99-8. With respect to the use of government stationery, the Commission of Ethics took a rather expansive approach to interpreting Section, 1 12.313(6), Florida Statutes: v.. . Chris Anderson, Esq. Commission on Ethics State of Florida February 5,2001 Page 4 .. . We are of the opinion that whether a corrupt misuse of official position has occurred in a given situation depends on how and for what purpose the stationery will be used, rather than upon the filct of its use. In terms of whether the council member's letter would be a corrupt mIsuse of position, we see no difference between her using the proposed stationery and. her using plain stationery for a letter in which she refers to herself as a Council member. Either way, the recipient of the letter is informed of the Council member's public position. This may be appropriate in the political contexts noted above, or it may be inappropriate, for example, if the letter were being sent to settle a strictly private dispute with a debtor or creditor. CEO, 91-38. Further, the Fourth District Court of Appeal affirmed the Commission of Ethics' conclusion that a city commissioner violated Section 112.313(6), Florida Statutes when the commissioner used city stationery to promote a symposium for which he received compensation. See Gordon v. State of Florida, 609 So. 2d 125 (Fla. 4th DCA 1992). However, it is significant to note that this case consisted of egregious facts; the commissioner was using the stationery on behalf ofN ova University for whom he was doing consulting w9rk. See In re James K. Gordon, Commission on Ethics Final Order and Public Report Upon Mandate of the District Court of Appeal (March 11, 1993). In other words, the commissioner was using city stationery to ben~fit a private entity that was employing him for compensation. Other opinions of the Commission on Ethics provide some guidance on an elected official's ability to distribute information with his, or her name on it. In CEO 77-175, the Commission on Ethics opined that it would not be a violation of Section 112.313(6) if a state senator distributed a brochure entitled "The Florida Senate" with his name stamped inside to school and civic groups upon their request. Further, in CEO 77-45, the Commission on Ethics also opined that a member of the Florida House of Representatives could enclose a business card (paid for at his expense) containing his picture, name, public office, political paity, S!,ate district, and telephone number in correspondence to his constituents.' - Inherent in the many duties of all elected officials. is the duty to meet and comnmnicate with the official's constituents in a variety of personal, business, and government environments and situations. As individuals elected by the community to public office, these .individuals carry with them their public title and persona in all of these environments and situations. As such, the distribution of city business cards by elected officials in any of these environments or situations is consistent with the official's proper performance of his or her official duties because the business cards serve as a means of identifying the name and.' status of the elected official, regardless of whomever the card is presented to or wherever it is presented. Therefore, the distribution of city business cards in non-governmental environme!lts or situations, in my opinion, is not a per se corrupt use of the official' s position or of government property or resources under Section 112.313 (6), , . . -. . Chris Anderson, Esq. Commission on Ethics State of Florida February 5, 2001 Page 5 Florida Statutes,. even if the business cards were obtained by the elected official at city expense. CEO 77-45 is consistent with this conclusion. Furthermore, business cards are very personal in nature in that they are not transferable from one person to another for use unless the persons share the same name, official title, and other information that is printed on the card. That, obviously, is an extremely unlikely event. Thus, city business cards, like any business cards, are personal to the individual for whom the card is printed, regardless of whether the elected official pays for the business cards himself or herself, or whether city funds are expended to pay for the cards. Since business cards are personal in nature, they differ greatly from business or government stationery. Business or government stationery is used to convey an official message or position of the particular business or governmental entity. Business cards, on the other hand, do not ordinarily convey any message or position; rather, business cards m,erely contain identifying information about a particular individual who represents the particular entity in some capacity. Therefore, the legal authority regarding the use of government stationery is inapplicable to the issue of the propriety of. . distributing city business cards and should not be considered. It is possible to conjure up a scenario in which the distribution of a city business card, coupled with some other act or omission on the part of th_e ~l~cted official distributing the business card, may be corrupt under Section 112.313(6), Florida StatUtes, and therefore subject to analysis under the Florida Ethics Code. It is my opinion, however, that the Code would be trivialized and inappropriately applied if such analysis were automatically required in order to address the simple act of distributing a city business card for purposes of introduction, identification, and information in non-governmental. environments or situations. It seems a great disservice would be done if elected city officials were,put in a position of being afraid to reveal their identities and the fact that they are elected city officials simply because the ,situation in which they are involved is not entirely government related. It seems, rather, that elected city officials should have the discretion to determine when opportunities to promote the city present themselves, regardless of whether the environment in which such opportunities arise is private or public in nature. Your guidance and opinion regarding this issue ~ll be greatly appreciated. AAG:kj F:\DOCS\City of Winter Springs\Generai\Ethies\business eards.kj , Received: 2/12/01 11 :28AM; 850 488 3077 -> Brown, Ward,Sa~zman & Weiss P.A.; Page 2 TEL: 850 4~ .3077 fEB. -12.' 01 (MON) 12: 26 FL COMM: IN ETHIC .lU1 14 1991 BI!lPOU THE STA~& OF FLORIDA COMMISSION ON ETHICS COMr~~Ott ot~ ETl';1CS In (e JOHN REED BUCKLEY, Respondent. CONFIDENTIAL Complaint No. 90-249 RECOMMENDATION OF LEGAL INSUPPICIENCY UPON REVIEW of this complaint, I find as follows; 1. This complaint, which includ@s several attachments, was filed under oath and I" proper form by James W. Kissick and Dean ~ebrecht, Vice Chairman and Secretary, respec:ively, of the Manasota Aviation Action Council Investigative Conuniuee. of Bradenton. Florida. 2. The Respondent; John Reed BuCkler,_ allegedly serves as Secretary-Treasurer of the Sarasota-Manatee Airport Authority and allegedly served as Chairman of that,Authority. 3. The complaint alleges that the Respondent used his' Authority business cards, which were paid for with public funds, to promote the candidacy of persons seeking seats on the Authority, by vriting the names of preferred candidates on the cards and handing the cards out at'gatherinqs. 4. Section 112.313(6), l'lorida Statutes, provides as folloys: MISUS! O~ PUBLIC POSITtON.~-No public officer or employee of an agency shall corruptly use or attempt to US~. his. official position o~ any property or ~r.'.ourc. whIch may' be vithln his trust, or p.d'O~': .hls . official dudes, to secure a .pecf~~ ~rivil.ge, benefit, or exemption tor hi...!f or others, This 'section '-, . ".. ,~..;~:. ..:! .~. '.~':';"~~"~~~~~.'~" ~....'.~- . '" P. 002 , ' .. \~ Received: 2/12/01 11 :2BAM; B50 4BB 3077 -> Brown, Ward,Salzman & Weiss P.A.; Page 3 PEB. -12' 01 (MON) 12:26 FL COMl jN ETHIC . TEL: 850 41" 3077 . shall not be construed to conflict with s. 104.31. For purposes of this provision, the term .corruptly. 1s defined as follo."s: 'Corruptly' ~e8ns done vlth a wrongful intent and for the purpose of obtaining. or compensating.or receiving compensation for, Any benefit reeultlng from some act or omission of a public servant which i8 inconaistent vith the proper performance of his public duties. [Section 112.312(7), Florida Statutes.] S. Allegations nearly identical to those stated )~bove vere made against the Respondent in Complaint NO. 90-229, In re John R@@d Buckley, and were dismissed by the commission on ~thics as being legally insufficient. In this complaint, as in Complaint No. 90-229. the above allegations do not contain sufficient facts to indicate that the Respondent violated Section 112.313(6). It is not alleged hov the Respondent's conduct yould be conside~ed .corrupt. for purposes of the Code of Ethics. There are no allegations that the Respondent ected with a vron9ful intent, nor that his actions were undertaken for the purpose of obtaining any benefit resulting from some act Yhich would be inconsistent vith the proper performance of his public duties. Thus, the allegations above a~e insufficient to charge a violation of Section 112,313(6), Florida- Statutes. In two other recent cases, Complaint No. 89-45. In re John Curlee (state trooper appearing i~ uniform in-a campaign ad for a State Senate candidate), and Compl~int ~o. 90-71. In re Ilene ~iebermen (mayor endorsing seve.al candidote$ for the town council on letterhead that appeared to be similar to that of the tovn's but vas not paid for with public funds', the commisaion determined that the Code ot Bthlcs vas not violated. 6. Secondly, the complaint alleges that the Respondent lent his name and official Authority title for use in nevspaper ejvertlsements promo~~n~, the candidacy of I person seeking a seat .~:.. " on the Authority. ~inc. the Respondent's name is his own and does not belong to tbe Authority, it 1s not public property Or a public -2- . ." .' t. ~".' :,,::,,~':":"~""i/7'r. . I..... _''''LO I' ... .~~). ~-r, I" '..! ;.,.... .. ~........~.,,;...:..;o\I.~... ':a... " .,..c "~".' . ..j....... . "~""."""'...;~-':..".~.:',.i:"",."';" .. : ::;>;, ~'~~i: ~ .: ,. P. 003 (:- Received: 2/12/0111:29AMj 850 488 3077 -> Brown, Ward.Sa1zman & Weiss P.A.; Page 4 FL COM~ ON ETHIC . ,FEB. -1,2' 01 (MaN) 12:26 TEL:850 ~~~ 3077 . P. 004 resource within his trust, the misuse of which would cnnstitute a possible violation of Section 112.313(6). rurthe~, since the Respondent's Authority title is a part of his persona or identity as an individual, the use of.such on behalf of candidates does not violate Section 112.313(6). 5ee Complaint No. 89-45" In rEi Jolln Curlee. In addition, allegations nearly identical to those stated in this paragraph were found by the Commission to be legally insufficient in Complaint No. 90-229, In re John Reed Buc~ley. Thus, the allegations referenced in this paragraph are insufficient to charge a violation of Section 112.313(6), Florida StatuteR. 7. The complaint further alleges that the Respondent placed campaign materials of a candidate tor the Authority in tile Authority's ~staff area,- This allegation in and of itself, without further allegation of, for e~ample, the coercion of staff by the Respondent to vote fo~ the candidate. fails to charge a possible violation of Section 112.313(6). 6. r t also is alleged that. the - Respondent made monetary contributions to two ~andid8t.es for the Authority, that the Respondent is listed 8S a retiree on the candidates'. contribution reports. and that the Respondent is -dependent" on one of the candidates "for an unusual f&quest to De retro~ctively reinstated (for severtl years) on the Airport Authority's Employee Insurance Program." Allegations of campaign contributions, standing alone, do not charge a possible violation of the COde or Ethics for Public Of~icers and Employees. Likevise, allegations of inac=urate occupat.ior.al designations on campaign contribution reports ~o no~ charge a possible violation. The portion of thig fourth Allegation of ehe complaint concerning lnsu~once loCks sufficient facts, detail, and clarity to charge & possible violation of the Code of Et~ics. and further does not indicate that ehe Respondent used or Attempted to u~e his official position. -)- ''l~,,: .~ ....,-.., , "Received: 2/12/01 11 : 29AM; 850 488 3077 -> Brown. Ward.salzman & Weiss P.A.; Page 5 ~ . 'pEB. - 1.2' 0 I (MON I 12; 27 FL COM~. ON ETHIC TEL:8S0 ~c; 3077 9. The complaint also alleqes that a candidate for the ~uthority received a campaign contribution from a cont~dctor vho vas selected by the Authority to provide ~ flight information and baggage display system and that the Respondent "championed as an agenda item~ said selection. Further, the complaint alleges that th~ same candidate received another campaign contributio~ {rom an out-of-state business. Inasmuch as there are many legitiffi~te reasons and motives for a public officer ndvancing or promoting the selection of a particular contractor to perform services f.or his governmental entity, and $ince the complaint does not allege. for example, that the Respondent received unauthorized ~i(ts or compensation in exchange for his alleged promotion of the selection of the contractor, this allegation fails to charge a possible violation of the Code of !~hlcs. In addition, a campaign contribution alone does not indicate a possible violation of the Code of Ethics. 10. Additionally, it is' alleged that a noise abatement contract ~as 4Y5rded by the Authority. to "a mOre e~pensive competitor~ and that such avard vas made .under the sponsorship of- the Respondent. Again, as there are many legitimate reasons for s~1ectin9 a particular contractor Or business to supply services or goods to a pUblic officer's governmental enti,ty, the allegation of such an avard. standing alone, does not charge a possible violation of the Code Of ~thics. 11. The complaint further alleges that the Respondent commented -to the Treasurer that her employment contract is to"be unapproved (held hostage) including its financial obligation until such time as pay raises for three select staff employ~es were rellized.- This allegation does not state sufficient facts to indicate a possible violation ef the Code of Ethics. as there is no indication how the Respondent's alleged action vas inconsistent with the proper performance of his public duties, bero~d th~ -,,- P. 005 ..'~ Received: , . 2/1 2/01 1 1 : 29AM; 850 488 ~077 -> Brown, Ward,Salzman & Weiss P.A.; Page 6 ,PEB. -1,2' 01 (MON) 12:27 PL COM~I. ON ETH I C TEL:8S0 4~J 3077 general allegation that his role should. he policy-making, rather than administrative. 12. The complaint all~ges th~t the Respondent exhibits tardiness in submitting claims to the Authority for travel reimbursement, in violation of the rules of the Authority. .Section 112.313(6), Set out above, is the only provision of the Code of Ethics arguably !pplicable to this allegation. While an allegation of makin9 false application for reimbursement or claiming exp~ns~s not actually incurred would charge a possible violation.of Section 112.313(6). mere late filing for ~eimbursement for actual and proper expenses does not charge such a violation because expenses actually and prcperly incurred do not amount to a speCial privilege, benefit, or exemption within the meaning of that section. A similar allegation vas made ,against the Respondent in Complaint Ne. 66-61, In Z'e John Reed Buckley. That Complaint. ..,as dismissed oy the Commission with a finding of no probable cause. 13. In addition, the complaint other lTlakes various accusations which may allege viol8tions of open government or election lays b~t which do not charge possible violations of the Code of Ethics. Several other allegations are made vhich 1ac~ sufficient detail, facts, or clarity to charge possible violations of the Code of Ethics. WHEREFORE, I recommend thet this compl6int be found legally' insvfficient and dismissed without investigation. ~ ~~~ /,y, /q&f / te ,- ~~"'-j~'7"~~~L,,"~ Bonnie J. wi iams Executive 'Di~ector BJW/cca --;- P. 006 (-,' Received: 2/1 2/01 1 1 : 30AM ; 850 488 3077 -> Brown, Ward,Salzman & Weiss P.A.; Page 7 P L COMi... ON ETH I C TEL:8S0 4, 3077 FEB. -12' 01 (MON) 12:27 P.007 . .' DATE FILED '.u. M 1991 BEFORE TH& STATE OF FLORIDA- COMMISSION ON ETHICS CQI6lIlS!OC ON mecs In re JOHN REED BUCKLEY, Respondent. Complaint No, 90-249 PUBLIC REPORT AND ORDER DISMISSING COMPLAINT On frida~, July 19, 1991, the Commission on Ethics met in executive session and considered this complaint for 1 eya 1 sufficiency pursuant to Commission Rule 34-5.002, r.^.c. The Commission's reviev vas limited to questions of jurlsdi~tion of the Commission and of the adequacy of the details of the COmplaint to allege a violation of the Code of Ethics for puhlic Officers a~d Employees, No factual -in~esti9ation preceded the reviev, and therefore the Commission's conclusions do not reflect on the accuracy of the allegations of the complaini. The Commission voted to adopt the legal sufficiency analysis of its ~xecutive Director, a copy of vhlch is attached. Accordingly, thi~ complaint is diSmissed for failure to constitute a legally st.ffic:ier;t complaint ..,ith the issu6nce oC this public repon, 'w'hich shall incluop the compla1nt and all documents related to the comr1i'lint. ORDERED by the State of Florioa Commission on Ethics meeting In executive session on July 19, 1991. ~ .:!AI, 1'111 De . ~8~ Dean Bunch Chatman ec: Mr. John Reed Buckley, Re.pO~dent Mr. Jemes ~. Kissick and Hr. Dean Hebreeht, Complaina~to Received: 2/ 1 2/01 1 1 : 30AM; 8Sq 488 3077 ~> Brown, Ward,Salzman & Weiss P.A.; Page 8 PEB. ~!2' 01 (MaN) 12:27 PL COMI.;.' ON ETH I C TEL:850 '.' 3077 P. 008 Received: 2/12/01 11 :31AM; 850 488 3077 -> Brown, Ward,Salzman & Weiss P.A.; Page 9 PEB. -12' 01 (MON) 12:28 FL COM~.. ON ETH I C TEL:850 3077 P. 009 Received: 2/12/01 11: 32AM; 850 488 3077 -> Brown, Ward,Sa~zman & Weiss P.A.; Page 10 ,FEB.-12'Ol(MON) 12:29 FL COM~; ON ETHIC TEL:850 ~_J 3077 P..O 1 0