BEFORE THE
STATE OF FLORIDA
COMMISSION ON ETHICS
In re JOHN DANIEL FAUGHN, )
)
Respondent. ) Complaint
No. 90-88
) Final
Order No. COE______
)
_________________________ )
FINAL ORDER AND PUBLIC REPORT
This matter came before the Commission on Ethics on the
Recommended Order rendered in this matter on June 12, 1992 by the Division of
Administrative Hearings (a copy of which is attached and incorporated by
reference). The Hearing Officer
recommends that the Commission find that the Respondent violated Section
112.313(6), Florida Statutes, and that the Respondent be suspended without pay
for one month and demoted to a position in which he will not have direct or
indirect responsibility for public funds, or, in the alternative, that the
Respondent be suspended without pay for two months. The Respondent filed
exceptions. An oral request for a
continuance of final consideration by the Commission of this matter made by the
Respondent's attorney at the duly-noticed final consideration of this matter
was denied, the Respondent having been granted two previous continuances by the
Commission and the Respondent not demonstrating that he was entitled to a third
continuance.
Having reviewed the Recommended Order, the Respondent's
exceptions, and the record (a transcript of the public hearing in this matter
not having been filed with or placed before the Commission) of the public
hearing of this complaint, and having heard the arguments of counsel for the
Respondent and the Commission's Advocate, the Commission makes the following
findings, conclusions, rulings and recommendations:
The Respondent's exceptions, regardless of whether they are
designated by the Respondent as addressing findings of fact or conclusions of
law by the Hearing Officer, involve evidential/factual matters, and, therefore,
the Commission cannot reject or modify any factual findings of the Hearing
Officer, regardless of whether or not the same were designated by the Hearing
Officer or the Respondent as findings of fact or conclusions of law, without a
review of the complete record. A review
of the complete record by the Commission in this matter was not possible
because a transcript of the public hearing, a part of the record, was not filed
with or placed before the Commission.
See Section 120.57(1)(b)10, Florida Statutes. Further, it is the responsibility of the Respondent to place the
full record, including the transcript of the public hearing, before the
Commission. See Florida Department
of Corrections v. Bradley, 510 So. 2d 1122 (Fla. 1st DCA 1987), and North
Dade Security Ltd. Corporation v. Department of State, Division of Licensing,
530 So. 2d 1040 (Fla. 1st DCA 1988).
Therefore, all of the Respondent's exceptions are rejected. In addition, to the extent, if any, that any
of the Respondent's exceptions actually address conclusions of law of the
Hearing Officer, the same are rejected, and the conclusions of law of the
Hearing Officer are found to be correct and proper under the relevant
provisions of law.
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 approved, adopted, and incorporated
herein by reference.
2. Accordingly, the
Commission on Ethics finds that the Respondent, John Daniel Faughn, as an
employee of the Florida Department of Labor and Employment Security, violated
Section 112.313(6), Florida Statutes, as described herein.
RECOMMENDED PENALTY
In consideration of the foregoing and in consideration of the
Respondent's attorney's representation to the Commission at its final hearing
of this matter that the Respondent currently holds a position of public
employment where he does not have direct or indirect responsibility for public
funds, the Commission on Ethics recommends, pursuant to Sections 112.317 and
112.324, Florida Statutes, that the Secretary of the Department of Labor and
Employment Security suspend the Respondent, John Daniel Faughn, from his public
employment, without pay, for a period of two months.
ORDERED by the State of Florida Commission on Ethics meeting in
public session on Thursday, December 3, 1992.
_______________________________
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. Ronald L. Jones,
Attorney for Respondent
Ms. Virlindia Doss,
Commission Advocate
Mr. Edward A. Dion,
Complainant
Division of
Administrative Hearings