BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re JAMES K. GORDON, )

) Complaint Nos. 88-112 and

Respondent. ) 89-09 (Consolidated)

) Final Order No. COE __________

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FINAL ORDER AND PUBLIC REPORT UPON

MANDATE OF THE DISTRICT COURT OF APPEAL

This matter came before the Commission on Ethics, meeting in public session on March 11, 1993, upon the mandate of the Fourth District Court of Appeal issued in James K. Gordon v. Commission on Ethics, Case No. 91-00202 (November 25, 1992). The Court's opinion in that case affirms the portions of the Commission's final order (Final Order No. COE 92-12, published at 13 FALR 1864) concluding that the Respondent violated Section 112.313(7), Florida Statutes, by providing consulting services to Waste Management, Inc. (Issue F) and by providing services to Coral Springs Cable Television (Issue H), and violated Section 112.313(6), Florida Statutes, by using City stationery and envelopes on behalf of Nova University, for which he was doing consulting work (Issue D). The Court also reversed those parts of the Commission's final order which found that the Respondent violated Section 112.313(6), Florida Statutes, by his effort to influence the Assistant City Attorney to recommend approval of a sign variance for the "Royal Lands" development (Issue B) and by his effort to dissuade the Assistant City Attorney from taking actions relative to a developer's annexation agreement (Issue C).

Pursuant to the mandate, the Commission hereby adopts the recommended order of the Hearing Officer in its entirety, rejects the Respondent's and the Advocate's exceptions, and reverses its Final Order and Public Report in part to conclude that the Respondent, as a member of the Coral Springs City Commission, did not violate Section 112.313(6), Florida Statutes, by his contacts with the Assistant City Attorney as alleged in Issues B and C of the complaint. As the Commission's Final Order and Public Report recommended that the Governor impose a $5,000 civil penalty and reprimand upon the Respondent for each of these two counts, the Commission hereby amends its penalty recommendation to the Governor to delete that recommendation, while maintaining the recommended penalty of the Hearing Officer that the Respondent pay a civil penalty in the amount of $1,000.00 per violation for each violation of Section 112.313(7)(a), Florida Statutes (Issues F and H), as well as a civil penalty of $200.00 plus a restitution penalty of $50.00 for the violation of Section 112.313(6), Florida Statutes, found with respect to Issue D. This penalty recommendation, as amended, will be transmitted to the Governor.

ORDERED by the State of Florida Commission on Ethics meeting in public session on March 11, 1993.

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Date Rendered

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Stephen N. Zack

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:

Mr. Michael W. Moskowitz, Attorney for Respondent

Mr. Craig B. Willis, Commission Advocate

Mr. Paul J. McDonough, Mr. John M. Wynn, and Ms. Jeanne Mills, Complainants