Respondent.
) Complaint No. 17-047
Final Order No. 19-015
On Friday, March 8, 2019, the Commission on Ethics met in public session and considered the Commission Advocate's Motion to Dismiss Complaint. The Commission voted to dismiss the complaint based on the following analysis:
Joseph Kilsheimer (Respondent) served as a member of the Apopka City Council from April 2012 until he was elected Mayor of Apopka in April 2014. While Mayor, Respondent initiated a program called "Apopka Begins and Ends With A" (program) as a way to increase state school performance grades in Apopka's schools. The program was launched in the 2015-2016 school year.
Respondent had served over the years on-and-off as a member of the City of Life Foundation, Inc. (Foundation) Board of Directors.
From September 30, 2015 through September 30, 2016, Apopka had a contract with the Foundation to facilitate the program. The Foundation continued to operate under that contract until the program ended around the time Respondent left the mayoral office.
From September 2015 through September 2018, the City approved approximately
$35,000, which was augmented by a $9,500 grant, to fund the program. To secure City money, Respondent utilized the "Evaluated Source" exception to the City's purchasing policy which allowed for the purchase of services from a vendor without obtaining competitive prices when it had been determined that it is in the best interest of the City to use that vendor.
Filed March 15, 2019 10:15 AM Division of Administrative Hearings
On June 13, 2017, the Commission issued its Order Finding Probable Cause, based on the preliminary investigation, that Respondent violated Section 112.313(6), Florida Statutes, by securing funding from his agency for a company in which he is an officer or director, or for a business associate.1
The case was forwarded to the Division of Administrative Hearings (DOAH). A video teleconference hearing was scheduled for March 26 and 27, 2019 in Altamonte Springs and Tallahassee, Florida.
Upon further investigation into the allegations, including but not limited to witness depositions, it was discovered that Respondent did not violate the City's purchasing policy and Respondent had been "rotated off' the Foundation's Board of Directors in January 2014, despite the Foundation's annual filings with the Florida Department of State, Division of Corporations, stating otherwise.
For a violation under Section 112.313(6), Florida Statutes, it must be established that Respondent used property or resources within his trust to secure a special privilege, benefit, or exemption for himself or others. In this case, the evidence demonstrates that public resources were used for the public's benefit, specifically public-school children, and not for a private purpose or for the benefit of a business partner. Respondent's actions cannot be attributed to a wrongful intent.
On February 4, 2019, Advocate filed with DOAH a Motion to Close File and Relinquish Jurisdiction Pursuant to Section 120.57(1)(i), Florida Statutes, representing that upon further investigation into the allegations at issue in the Commission's Order Finding Probable Cause, the facts learned are contrary to the allegations on which probable cause was found.
1 The Commission on Ethics found that there is no probable cause to believe that the Respondent violated Section 112.3143(3)(a), Florida Statutes, by voting on matter(s) inuring to the benefit of a business associate, as alleged in the complaint.
The Administrative Law Judge granted the Motion on February 6, 2019.
Accordingly, this complaint is hereby dismissed with the issuance of this order. ORDERED by the State of Florida Commission on Ethics meeting in executive session on
Friday, March 8, 2019.
GuyW. Norri
cc: Mr. Mark Herron, Attorney for Respondent
Mrs. Elizabeth A. Miller, Commission Advocate Ms. Melissa L. Touchet, Complainant
