Leon FL Lawyers | James Hardin Peterson -- eLawyers

08-003482EC IN RE: GARY SIPLIN vs * (2008)

Division of Administrative Hearings, Florida Filed: Jul. 17, 2008

The issue in this case (as stipulated to by the parties) is whether Respondent, Gary Siplin, violated Subsection 112.313(6), Florida Statutes (2008),1 by using his position as state senator to bully a deputy sheriff into yielding to Respondent's desire to access a football stadium parking lot by way of a barricaded route.The Commission on Ethics Advocate met its burden of proof; Respondent violated the Code of Ethics.

07-001820EC IN RE: KEVIN BEARY vs * (2007)

Division of Administrative Hearings, Florida Filed: Apr. 20, 2007

The issue in this limited proceeding is whether the issuance of the Order Finding Probable Cause against Respondent affects his substantial interests and was based on an unadopted rule,1 as contemplated in Subsection 120.57(1)(e)1., Florida Statutes (2006).2

08-000782EC IN RE: CARL SABATELLO vs * (2008)

Division of Administrative Hearings, Florida Filed: Feb. 14, 2008

Whether Respondent violated Section 112.3143(3), Florida Statutes, by voting on September 7, 2000, September 21, 2000, October 19, 2000, November 30, 2000, and December 21, 2000, as a member of the Palm Beach Gardens City Council on certain matters affecting the Mirasol development project when Respondent's homebuilding company was engaged in discussions with the master developer of the project concerning the company's participation in the project, as alleged in the Order Finding Probable Cause, and, if so, what is the appropriate penalty. City council member did not violate voting conflicts law when he voted on measures affecting property his company was in talks to buy, but there was uncertainty as to whether puchase would be made.

08-001567EC IN RE: JOSEPH RUSSO vs * (2008)

Division of Administrative Hearings, Florida Filed: Mar. 27, 2008

Whether Respondent, when he voted April 18, 2002, as a member of the Palm Beach Gardens City Commission, on Resolution 54, 2002 and Resolution 57, 2002, relating to Parcel 6 and Parcel 24, respectively, of the Mirasol development project, knew that these measures would inure to the special private gain or loss of a principal by whom he was retained and thereby violated Section 112. 3143(3), Florida Statutes, as alleged in the Order Finding Probable Cause, and, if so, what is the appropriate penalty.City Council member did not violate voting conflicts law when he voted on measures that affected property of which he was aware his clients were discussing the possible purchase.

08-002725EC IN RE: CORETTA UDELL-FORD vs * (2008)

Division of Administrative Hearings, Florida Filed: Jun. 09, 2008

The issues are whether Respondent violated Section 112.313(6), Florida Statutes (2006), by using her position as a member of the White Springs Town Council to intimidate or attempt to intimidate a police officer in retaliation for a traffic stop the officer made on the Respondent, and if so, what is an appropriate recommended penalty.Respondent violated 112.313(6), Florida Statutes (2006), by using her position as a member of the White Springs Town Council to intimidate or attempt to intimidate a police officer in retaliation for a traffic stop the officer made on Respondent.

08-002354EC IN RE: EVELYN HAMMOND vs * (2008)

Division of Administrative Hearings, Florida Filed: May 13, 2008

The issue is whether Respondent violated the Code of Ethics for Public Officers and Employees.Mayor Hammond used her position to retaliate against Century Little League when that organization failed to hire her son as chief umpire.

08-001438EC IN RE: JIM VANDERGRIFFT vs * (2008)

Division of Administrative Hearings, Florida Filed: Mar. 20, 2008

The issue to be resolved in this proceeding concerns whether Jim Vandergrifft, the Respondent, as mayor of the City of New Smyrna Beach, voted on a matter which inured to his special private gain in violation of Section 112.3143(3), Florida Statutes, by voting to postpone a vote on Proposed City Ordinance 43-05. If enacted, the ordinance would have established an "historic architecture overlay district" by amendment to local land use regulations.Petitioner did not prove that Respondent secured "special gain or loss" because proof showed that proposed ordinance applied to 522 properties in same area and he owned at most 2 parcels. It is not sufficient under case law to equate such private benefit.

07-000646EC IN RE: CHARLES DEAN vs * (2007)

Division of Administrative Hearings, Florida Filed: Feb. 07, 2007

The issues to be resolved in this proceeding concern whether the Respondent, as a member of the City Commission of Oak Hill, Florida, committed a violation of Section 112.313(6), Florida Statutes, by allegedly threatening the police chief's employment status during a verbal altercation.Respondent established that Petitioner Dean violated the statute in the misuse of office, but which was somewhat understandable under circumstances, since it was in anger and he was contrite about it. Recommend a minimal fine.

07-000321EC IN RE: RUDOLPH "RUDY" BRADLEY vs * (2007)

Division of Administrative Hearings, Florida Filed: Jan. 17, 2007

The issue for determination is whether Respondent, as a member of the Public Service Commission, violated Section 350.042, Florida Statutes, by knowingly receiving an ex parte communication from a utility company regarding a matter that was being considered at a Public Service Commission proceeding and failing to place the communication on the record within 15 days of its receipt.Respondent`s failure to place an ex parte communication on the record violates Section 350.042, Florida Statutes, and requires the imposition of a $5,000 civil penalty.

06-001667EC IN RE: CHUCK CHOCKALINGUM vs * (2006)

Division of Administrative Hearings, Florida Filed: May 11, 2006

The issues for determination are: Whether Respondent, as Public Works Director for the Town of Dundee, violated Section 112.313(6), Florida Statutes, by using Town employees to work on Respondent’s home at the Town’s expense, and if so, what is an appropriate recommended penalty. Whether Respondent, as Public Works Director for the Town of Dundee, violated Section 112.313(6), Florida Statutes, by using or allowing others to use Town vehicles, equipment, and/or materials for Respondent’s personal benefit, and if so, what is an appropriate recommended penalty.Respondent committed two violations of Section 112.313(6), Florida Statutes, using his public position for personal benefit. Recommend the imposition of a $20,000 penalty plus $2,481.35 in restitution, with public censure and reprimand.

James Hardin Peterson