BEFORE THE STATE OF FLORIDA

COMMISSION ON ETHICS

DAT·E FILED

MAR O 9 2016

COMMISSION ON ETHICS

In re, RICK BERTEL, )

)

Respondent. )

)

Complaint No. 15-188 Final Order No. 16-017

ORDER DISMISSING COMPLAINT

On Friday, March 4, 2016, the Commission on Ethics met in public session and considered the Motion to Dismiss the Complaint for Lack of Jurisdiction filed by the Commission's Advocate. On September 18, 2015, an Order to Investigate was issued for investigation into whether there was probable cause to determine if the Respondent, Rick Bertel, violated Section 112.3145(8)(c), Florida Statutes. At that time, the Respondent was serving as a member of the Town oflndialantic Zoning & Planning Board.

On December 16, 2015, the Commission filed an Order Finding Probable Cause to believe the Respondent, as a local officer required to file financial disclosure, violated Section 112.3145(8)(c), by willfully failing or refusing to file an annual CE Form 1, Statement of Financial Interests, for the year 2013. On February 2, 2016, the Respondent resigned from the Town of Indialantic Zoning & Planning Board.

On February 23, 2016, the Advocate filed a Motion for Leave to Supplement Motion to Dismiss Complaint for Lack of Jurisdiction, because the Advocate learned that the Respondent was appointed to the City of Palm Bay Bayfront Community Redevelopment Agency on September 3, 2015. On February 22, 2016, the Respondent resigned from the Bayfront Community Redevelopment Agency.

Filed August 23, 2017 2:14 PM Division of Administrative Hearings

Section 112.3145(8)(c) states that if a person holding public office or public employment fails or refuses to file a full and public disclosure of financial interests for any year in which the person received notice from the Commission regarding the failure to file and has accrued the maximum automatic fine, the Commission shall initiate an investigation and conduct a public hearing without receipt of complaint, to determine whether the person's failure to file is willful, and, if so determined, the Commission shall recommend the person's removal from his or her public position.

The Commission voted to approve the Motion to Dismiss the Complaint because the holding of public office or employment is necessary to invoke and maintain the Commission's investigatory jurisdiction under Section 112.3145(8)(c). Following the Respondent's resignations from the Town of Indialantic Zoning & Planning Board, and the City of Palm Bay Bayfront Community Redevelopment Agency, the Respondent no longer holds public office, and the Commission no longer possesses jurisdiction in this matter.

This determination is not intended to create a situation where the Commission is prohibited, limited, or impeded from taking action in the event a complaint or referral is filed against the Respondent. Nor is it intended to restrict or impair the Commission's actions in the collection of fines resulting from the untimely filing of financial disclosure, as contemplated in Section 112.31455, Florida Statutes.

Accordingly, this complaint is dismissed for lack of jurisdiction.

ORDERED by the State of Florida Commission on Ethics meeting in public session on Friday, March 4, 2016.

mmission on Ethics

Date Rendered ·

Cc: Mr. Rick Bertel, Respondent

Ms. Elizabeth A. Miller, Commission Advocate

Docket for Case No: 16-000393EC

Orders for Case No: 16-000393EC