BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

 

 

 

In re JAMES NAUS,         )

                          )

     Respondent.          )                 Complaint No. 95-136

                          )                 Final Order No. COE 97-16

                          )

__________________________)

 

 

 

FINAL ORDER AND PUBLIC REPORT

 

 

 

    This matter came before the Commission on Ethics for final consideration on the Corrected 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 maintaining any exception to the Administrative Law Judge’s recommendations.[1]

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

   Accordingly, the Commission on Ethics finds that the Respondent, James Naus, as a member of the Mexico Beach Planning and Zoning Board, violated Section 112.3143(4), Florida Statutes, by failing to properly disclose the nature of his interest in a restaurant/bar parking variance issue prior to participating in the Board’s discussion of the matter on April 19, 1994; violated Section 112.3143(3)(a), Florida Statutes, by failing to publicly state to the assembly the nature of his interest in an April 17, 1994 Board consideration of the restaurant/bar parking variance issue, and by failing to timely file a memorandum of voting conflict in regard to the matter; and violated Section 112.313(7)(a), Florida Statutes, by holding a conflicting contractual relationship with the restaurant/bar.

   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 $300 (three hundred dollars) upon the Respondent.

   ORDERED by the State of Florida Commission on Ethics meeting


in public session on Thursday, July 17, 1997.

 

 

                     ____________________________

                     Date Rendered

 

 

                     _______________________________

                     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. James Naus, Respondent

     Mr. Eric S. Scott, Commission Advocate

     Mr. Gerard J. Murnan, Complainant


[1]The Advocate initially filed one exception.  However, the exception was withdrawn by the Commission, at the Advocate’s request, prior to the Commission’s consideration of the Corrected Recommended Order.