95-135 Final Order and Public Report, In re JIM MCCULLOUGH

BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re JIM MCCULLOUGH, )

)

Respondent. ) Complaint No. 95-135

) Final Order No. COE 97-15

)

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FINAL ORDER AND PUBLIC REPORT

This matter came before the Commission on Ethics for final consideration on the Recommended Order of an Administrative Law Judge of the Division of Administrative Hearings, the Respondent and the Commission's Advocate having received due and proper notice of this final consideration of the matter, and neither the Advocate nor the Respondent filing any exception to the Administrative Law Judge’s recommendations.

Therefore, the Commission hereby adopts in full as its final order the Recommended Order of the Administrative Law Judge, which is attached hereto and incorporated by reference.

Accordingly, the Commission on Ethics finds that the Respondent, Jim McCullough, as a member of the Mexico Beach Planning and Zoning Board, violated Section 112.3143(4), Florida Statutes, by failing to properly disclose and memorialize his interest in a June 12, 1995 and August 1, 1995 Board matter regarding rezoning of certain parcels of property located adjacent to his marina, and that he violated Section 112.3143(3)(a), Florida Statutes, by failing to timely file a memorandum of voting conflict regarding the Board’s August 1, 1995 consideration of the measure.

Further, pursuant to Sections 112.317 and 112.324, Florida Statutes, and in accordance with the penalty recommendation of the Administrative Law Judge, it is the recommendation of the Commission on Ethics that the Governor impose a civil penalty in the amount of $200 (two hundred dollars) upon the Respondent.

ORDERED by the State of Florida Commission on Ethics meeting in public session on Thursday, July 17, 1997.

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Date Rendered

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Kathy Chinoy

Chair

THIS ORDER CONSTITUTES FINAL AGENCY ACTION. ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO SEEK JUDICIAL REVIEW UNDER SECTIONS 112.3241 AND 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, BY U.S. MAIL AT P.O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709 (OR BY DELIVERY TO 2822 REMINGTON GREEN CIRCLE, SUITE 101, TALLAHASSEE, FLORIDA 32308); 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.

cc: Mr. Jim McCullough, Respondent