BEFORE THE
STATE OF FLORIDA
COMMISSION ON ETHICS
In re LOUISE BLACKBURN, )
)
Respondent. ) Complaint No. 88-53
) and 88-100
) (consolidated)
)
_________________________)
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 exceptions to the Recommended Public Report,
which recommends that the Commission find that while serving as a County
Commissioner for Gadsen County, the Respondent violated Section 112.313(6),
Florida Statutes, by using county employees and equipment to write and type an
article for her use as as a campaign advertisement. The Advocate filed an exception to the recommended penalty.
Having reviewed the Recommended Public Report, the Respondent'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 makes the following findings, conclusions, rulings,
and recommendation:
The findings of fact set forth in the Recommended Public Report
are approved, adopted, and incorporated herein.
The Conclusions of Law set forth in the Recommended Public Report
are approved, adopted, and incorporated herein.
The exceptions by the Respondent to the findings of fact and
conclusions of law by the hearing officer are rejected as there is competent
substantial evidence in the record to support the hearing officer's findings,
and the hearing officer correctly interpreted and applied the applicable law.
Having found that the Respondent, Louise Blackburn, while serving
as County Commissioner for the Gadsden County, violated Section 112.313(6),
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 in the amount of two hundred
and fifty ($250.00) be imposed against the Respondent. The Advocate's exception to the amount of
the civil penalty is rejected as the amount of the civil penalty is appropriate
in light of the circumstances described in the recommended public report, which
is adopted and incorporated herein.
ORDERED by the State of Florida Commission on Ethics meeting in
public session on September 14, 1989.
_______________________________
Date Rendered
_______________________________
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 AND IS FILED WITH THE
CLERK OF THE COMMISSION.
Copies
furnished to:
Mr. Harold S. Richmond, Attorney for Respondent
Mr. Craig B. Willis, Commission Advocate
Mr. L.L. Shaw, Complainant