BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re WILLIAM G. SMITH, )

) Complaint Nos. 89-6 and

Respondent. ) 89-13 (Consolidated)

) Final Order No. COE_____

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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). The Respondent filed exceptions to the Recommended Public Report, which recommends that the Commission find that as Sheriff of Calhoun County he violated Section 112.313(6), Florida Statutes, by using Deputies and County vehicles for his personal benefit, but that he did not violate Section 112.313(6), Florida Statutes, by using County jail inmates for his personal benefit. 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:

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.

Rulings on Respondent's Exceptions

The Respondent's takes exception to the Hearing Officer's conclusion that he acted "corruptly," arguing that the findings of fact and the Hearing Officer's analysis do not form a sufficient basis from which to reach this conclusion. However, the facts as found demonstrate that the Respondent used public resources to achieve the benefit he sought, that he directed personnel of the Sheriff's office to take these actions as part of their duties, and that he knew at the time that these actions were solely for a private purpose. Therefore, the Commission denies the Respondent's exceptions.

Recommended Penalty

Having found that the Respondent 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 he be publicly censured and reprimanded and that a civil penalty be imposed upon him in the amount of $1,000.00.

ORDERED by the State of Florida Commission on Ethics meeting in public session on January 24, 1991.

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Date Rendered

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Scott G. Williams

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. Mark Herron, Attorney for Respondent

Mr. Craig B. Willis, Commission Advocate

Mr. Rodney Smith, Complainant

Mr. James Glenn Downum, Complainant