BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re CHARLES W. FLANAGAN, )

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Respondent. ) Complaint No. 87-95

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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). Both the Respondent and the Commission Advocate filed exceptions to the Recommended Public Report. Having reviewed the Recommended Public Report, the Respondent's exceptions, the Advocate's exceptions, 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 hereby adopts the findings of fact, conclusions of law, and recommended final action of the Recommended Public Report and denies the exceptions of the Respondent and of the Advocate.

Accordingly, the Commission finds that the Respondent, Charles W. Flanagan, as Mayor of the City of Pembroke Pines, has violated Section 112.313(6), Florida Statutes, by having his secretary prepare a statement to be signed by his neighbors in a purely private matter. However, the Commission finds that the Respondent did not otherwise violate Section 112.313(6) by having City employees prepare and process his application for a building permit for a satellite dish antenna which was installed at his residence, as alleged, or by receiving the building permit without fully complying with City requirements. The Commission also finds that the Respondent did not violate Sections 112.313(4) or 112.313(6), Florida Statutes, by accepting the satellite dish and itsinstallation from Storer Cable T.V. of Florida, Inc., and its employees or by having Storer Cable supply and install the satellite dish antenna at his residence.

Having found that the Respondent violated Section 112.313(6), Florida Statutes, in the manner and under the circumstances 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 no penalty be imposed upon him.

ORDERED by the State of Florida Commission on Ethics meeting in public session on November 30, 1989.

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Date Rendered

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Richard A. Gilbert

Chairman

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. Jane W. Moscowitz and Mr. Steven J. Uhlfelder,

Attorneys for Respondent

Mr. Craig B. Willis, Commission Advocate

Mr. Mike Rubinstein, Complainant