BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re CHARLES BIGELOW, )

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Respondent. ) Complaint No. 89-16

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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). Neither the Respondent nor the Commission Advocate filed exceptions to the Recommended Public Report. Having reviewed the Recommended Public Report and the record of the public hearing of this complaint, the Commission hereby adopts the recommended rulings, findings of fact, conclusions of law, and recommended final action of the Recommended Public Report. Accordingly, the Commission finds that the Respondent, Charles Bigelow, as a member of the Lee County Local Planning Agency, violated Section 112.3145, Florida Statutes, by failing to file financial disclosure for the year 1983. Further, the Commission finds that the Respondent violated Article II, Section 8(a) and (h), Florida Constitution, by failing to properly and timely file full and public disclosure of his financial interests for the years 1986 and 1987 while a member of the Lee County Board of County Commissioners.

However, the Commission finds that the Respondent did not violate Section 112.3145, Florida Statutes, by failing to file financial disclosure as a member of the Lee County LPA for the year 1984; did not violate Section 112.3143(3), Florida Statutes, by voting as a member of the Board of County Commissioners in July, 1987, on the approval of the HealthPark, Florida DRI; did not violate Section 112.3143(3), Florida Statutes, by voting as amember of the Board of County Commissioners in January, 1989, on the approval of Site H for a proposed landfill; and did not violate Section 112.313(6), Florida Statutes, through using his official position as a member of the Board of County Commissioners to propose and approve the HealthPark, Florida DRI site in order to benefit himself or persons having interests in adjacent property, as alleged in this complaint.

Pursuant to Sections 112.317(1) and 112.324(4), Florida Statutes, it is the recommendation of the Commission on Ethics that the Lee County Board of County Commissioners, as the appointing authority for members of the Local Planning Agency, impose a civil penalty upon the Respondent in the amount of $500.00 for his violation of Section 112.3145, Florida Statutes, while serving as a member of the Local Planning Agency.

ORDERED by the State of Florida Commission on Ethics meeting in public session on July 27, 1990.

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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. Patrick E. Geraghty, Attorney for Respondent

Mr. Craig B. Willis, Commission Advocate

Ms. Patricia I. Stumbaugh, Complainant