BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

 

 

 

In re GEORGE WALTER ANDERSON,    )

                                 )                            DOAH Case No. 92-5713EC

        Respondent.              )                            Complaint No. 90-247

                                 )                            COE Final Order No. 93-__

_________________________________)

 

 

FINAL ORDER AND PUBLIC REPORT

 

 

     On April 23, 1993, a Hearing Officer from the Division of Administrative Hearings (DOAH) submitted to the parties and the Commission her Recommended Order, a copy of which is attached hereto.  Neither the Respondent nor the Commission's Advocate filed exceptions to the Recommended Order.  The matter thereafter came before the Commission on Ethics for final agency action.

 

BACKGROUND

 

     This matter began with the filing of a complaint by JoAn Palmer, alleging that George Walter Anderson had violated the Code of Ethics for Public Officers and Employees by assisting a town councilman in having street lights put in the councilman's private trailer park at public expense.  The allegations were found to be legally sufficient to allege a possible violation of Section 112.313(6), Florida Statutes, and Commission staff undertook a preliminary investigation to aid in the determination of probable cause.  On September 18, 1991, the Commission on Ethics issued an order finding probable cause, and thereafter forwarded this matter to the Division of Administrative Hearings for conduct of a formal hearing and entry of a recommended order.  The parties waived the filing of a transcript and the submission of proposed recommended orders.  The Recommended Order was transmitted to the Commission and the parties on April 23, 1993, and the parties were notified of their right to file exceptions to the Recommended Order in accordance with Rule 34-5.022(2), Florida Administrative Code.  No exceptions were filed. 

 

Findings of Fact

 

     The findings of fact set forth in the Recommended Order are approved, adopted, and incorporated herein by reference.

 

Conclusions of Law

 

     1.   The Conclusions of Law set forth in the Recommended Order are approve, adopted, and incorporated herein by reference.

     2.   Accordingly, the Commission on Ethics finds that the Respondent did not violate Section 112.313(6), Florida Statutes, and dismisses this complaint.

 

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

 

 

                                  ______________________________

                                  Date

 

 

 

 

                                  ______________________________

                                  Stephen N. Zack

                                  Chairman

 

 

 

 

 

YOU ARE NOTIFIED THAT YOU ARE ENTITLED PURSUANT TO SECTION 120.68, FLORIDA STATUTES, TO JUDICIAL REVIEW OF AN ORDER WHICH ADVERSELY AFFECTS YOU.  REVIEW PROCEEDINGS ARE COMMENCED BY FILING A NOTICE OF ADMINISTRATIVE APPEAL WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, AND ARE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OF APPELLATE PROCEDURE.  THE NOTICE OF ADMINISTRATIVE APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

 

 

 

 

cc:  Mr. George Walter Anderson, Respondent

     Mr. Michael Ingram, Commission's Advocate

     Mr. Craig Willis, Commission's Advocate

     Ms. JoAn Palmer, Complainant

     Division of Administrative Hearings