BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

 

 

 

In re WALLACE RICH,          )

                             )

     Respondent.             )                                          Complaint No. 89-32

                             )                                          Final Order No.COE_____

_____________________________)

 

 

 

FINAL ORDER AND PUBLIC REPORT

 

 

 

    This matter came before the Commission on Ethics for final action on review of the Recommended Public Report of the Hearing Officer (a copy of which is attached and incorporated by reference).  The Respondent filed an exception to the Recommended Public Report.

    Having reviewed the Recommended Public Report, the Respondent's exception, and the record of the public hearing of this complaint, and having heard the arguments of counsel for the Respondent and of the Commission's Advocate, the Commission makes the following findings, conclusions, rulings, and recommendation:

 

Findings of Fact

 

    The findings of fact set forth in the Recommended Public Report are approved, adopted, and incorporated herein.

 

Conclusions of Law

 

    The Conclusions of Law set forth in the Recommended Public Report are approved, adopted, and incorporated herein.  Accordingly, the Commission concludes that, as Chief of the Bureau of Fairs and Expositions, Florida Department of Agriculture, the Respondent:

 

        1.  Did not violate Section 112.313(4), Florida Statutes, by receiving complimentary electricity and parking sites forhis motor home at fairgrounds while on State business, as alleged.


        2.  Did not violate Section 112.313(4), Florida Statutes, by accepting sexual favors provided by fair company owners, as alleged.

        3.  Did not violate Section 112.313(6), Florida Statutes, by justifying an unnecessary out-of-state business trip to engage in a sexual liaison, as alleged.

        4.  Did not violate Section 112.313(4), Florida Statutes, by accepting $5,000 for gambling from a fair company owner, as alleged.

        5.  Violated Section 112.313(7)(a), Florida Statutes, but did not violate Sections 112.313(4) and 112.313(6), Florida Statutes, by soliciting a $3,000 loan from a fair company owner.

        6.  Did not violate Section 112.313(4), Florida Statutes, by accepting $100 for gambling from a fair company owner, as alleged.

        7.  Did not violate Section 112.313(6), Florida Statutes, by inspecting amusement rides at a church carnival that was outside Department of Agriculture jurisdiction as a favor to an amusement company owner and receiving $100 for the inspection.

        8.  Did not violate Section 112.313(7)(a), Florida Statutes, by inspecting amusement rides at a private carnival that was outside Department of Agriculture jurisdiction and receiving a fee of $400 for the inspection.

        9.  Did not violate Section 112.313(7)(a), Florida Statutes, by accepting $800 after assisting with the 1977 Broward County Youth Fair.

        10.  Did not violate Section 112.313(6), Florida Statutes, by approving amusement rides which did not meet standards or without thorough inspection for companies which he favored and disapproving competitors' equipment in equal or better condition, as alleged.

        11.  Did not violate Section 112.313(6), Florida Statutes, by lobbying the Midway Selection Committee of the State Fair Board in favor of awarding a contract to a particular company with which he had business and other ties, as alleged.

        12.  Did not violate Section 112.313(6), Florida Statutes, by making false statements that a company was under investigation by the Department in order to obstruct the company's efforts to secure a contract through the State Fair Board, as alleged.

        13.  Did not violate Section 112.313(7)(a), Florida Statutes, by participating in a partnership to purchase a farm in Gadsden County, Florida, with owners of fair companies.

        14.  Violated Section 112.3145(3)(c), Florida Statutes, by failing to report his interest in a Gadsden County, Florida farm he held jointly with persons regulated by the Department.

        15.  Violated Section 112.313(7)(a), Florida Statutes, by entering into a contractual relationship with Artel Shows, a business entity subject to the regulation of the Department, to inspect amusement rides at a church carnival.

 

Rulings on Respondent's Exceptions

 

    The Respondent takes exception to the Hearing Officer's conclusion in Issue 15 that his contractual relationship with a ride company subject to the regulation of his agency violated the Code of Ethics for Public Officers and Employees, arguing that he received only $100 for this work and that the exemption provided in Section 112.313(12)(f), Florida Statutes, is applicable.  The Commission rejects this exception, agreeing with the Hearing Officer that the exemption is not applicable under the circumstances presented.

 

Recommended Penalty

 

    Having found that the Respondent violated Sections 112.313(7)(a) and 112.3145, Florida Statutes, as described in the Recommended Public Report, pursuant to Sections 112.317(1) and 112.324(4), Florida Statutes, it is the recommendation of the Commission on Ethics that a civil penalty be imposed upon the Respondent in the amount of $1,400.00 and that he be ordered to pay to the State of Florida a restitution penalty in the amount of $100.00.

 

    ORDERED by the State of Florida Commission on Ethics meeting in public session on July 19, 1991.

 

 

                                    ____________________________

                                    Date Rendered

 

 

                                    ____________________________

                                    Dean Bunch

                                    Commission on Ethics

 

 

 

THIS ORDER CONSTITUTES FINAL AGENCY ACTION.  ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO SEEK JUDICIAL REVIEW UNDER SECTION 120.68, FLORIDA STATUTES, BY FILING A NOTICE OF ADMINISTRATIVE APPEAL PURSUANT TO RULE 9.110, FLORIDA RULES OF APPELLATE PROCEDURE, WITH THE CLERK OF THE COMMISSION ON ETHICS, 2107 THE CAPITOL, TALLAHASSEE, FLORIDA  32399-1450; AND BY FILING A COPY OF THE NOTICE OF APPEAL ACCOMPANIED BY THE APPLICABLE FILING FEES WITH THE APPROPRIATE DISTRICT COURT OF APPEAL.  THE NOTICE OF ADMINISTRATIVE APPEAL MUST BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS RENDERED.

 

 

Copies furnished to:

 

      Ms. Martha W. Barnett and Mr. Scott Makar,

         Attorneys for Respondent

      Mr. Craig B. Willis, Commission Advocate

      Mr. Norman Ostrau, Complainant