Division of Administrative Hearings, Florida
Filed: Aug. 19, 1991
Whether the Respondent, Page Lamar Ford, violated Section 112.3145, Florida Statutes, by failing to list real property owned by the Respondent on financial disclosure forms filed by the Respondent in 1986, 1987, 1988 and 1989? On or about May 18, 1990, a Complaint was filed with the Florida Commission on Ethics (hereinafter referred to as the "Commission"). The Complaint was filed by Laban Bontrager and contained allegations of misconduct by Page Lamar Ford, the Respondent in this case. An amended Complaint was filed by Mr. Bontrager on August 19, 1990. Based upon a review of the Complaint and the amended Complaint against the Respondent, the Commission issued a Determination of Investigative Jurisdiction and Order to Investigate on September 10, 1990, ordering the staff of the Commission to conduct a preliminary investigation into whether the Respondent violated Sections 112.313(6), 112.3143(3) and 112.3145(3), Florida Statutes. Following the Commission's investigation of the allegations against the Respondent, a Report of Investigation was released on January 31, 1991. Based upon the Complaint and the Report of Investigation the Advocate for the Commission issued an Advocate's Recommendation on March 15, 1991. The Advocate determined that there was probable cause to believe that the Respondent had violated Section 112.3145, Florida Statutes. The Advocate also determined that there was no probable cause to believe that the Respondent violated Sections 112.313(6) and 112.3143(3), Florida Statutes. Based upon the Report of Investigation and the Advocate's Recommendation, the Commission issued an Order Finding Probable Cause on April 24, 1991, accepting the recommendation of the Advocate. The Commission ordered that a public hearing be conducted. By letter dated August 16, 1991, the Commission referred this matter to the Division of Administrative Hearings and, in accordance with Rules 34-5.010 and 34-5.014, Florida Administrative Code, requested that the public hearing on the Complaint against the Respondent be conducted by the Division of Administrative Hearings. Prior to the formal hearing the parties filed a Prehearing Statement. The parties stipulated to certain facts in the Prehearing Statement. Those facts have been accepted in this Recommended Order. At the formal hearing the Advocate called no witnesses and offered no exhibits. The Respondent testified on his own behalf. The Respondent did not offer any exhibits into evidence. The parties stipulated that they would not order a transcript or file proposed recommended orders.City commissioner's failure to report real estate ownership on financial disclosure forms violated ethics code.