Findings Of Fact At the time of final hearing the Respondent, Myron Lewis, was the holder of State Certified General Contractor's Licenses as follows: Myron Lewis d/b/a Interior Concepts of Palm Beach, Number CG C005282; Myron Lewis d/b/a Whitten Corporation South, Number CG CA05282; and Myron Lewis d/b/a Custom Pools of the Palm Beaches, Inc. Number CG CB05282. Respondent was engaged in the business of building swimming pools in the Palm Beach area. In connection with that business the Respondent entered into contracts for the construction of pools with several individuals, including the following: James Riley; Michael Belmonti; Walter Beasley; Jose Dorribo; Gerald Gottner; James Overton; and Ronald Malcolm. With regard to the first six names listed above, Respondent had failed to complete the pool and perform according to the contract and, apparently, abandoned the project after accepting a major portion of the contract price agreed upon. With regard to the seventh name listed above, Respondent accepted an initial deposit of $680.00 for construction of a swimming pool but never performed any work and did not return the deposit. Some efforts were made by the Respondent to settle each of the claims against him and to that end there was submitted into evidence general releases from Malcolm, Riley and Belmonti each reciting that the general release was a settlement and compromise of disputed claims and that the payments are not to be construed as admission of liability on the part of Custom Pools of the Palm Beaches, Inc. and/or Myron Lewis. (See Petitioner's Composite Exhibit 3) With regard to the projects set forth in Paragraph 2 above, Respondent apparently terminated because of financial difficulties he and his company were in, none of which was the fault or responsibility of the persons for whom Respondent had contracted to build pools. More than ninety days had elapsed from the time of termination of the project by Respondent and this final hearing. All of these projects occurred prior to 1978. The Palm Beach County Construction Industry Licensing Board, by action taken on January 23, 1978, suspended Respondent's license until further notice. That suspension was the result of the termination of the projects set forth above. The evidence presented indicates that an unspecified amount of money paid Respondent for the construction of specific pools was actually used for other obligations of Respondent and such funds were not used for the prosecution or completion of the project for which they were paid.
The Issue The issue in this case is whether Respondent, Thomas C. Robbins, committed the acts alleged in an Administrative Complaint dated December 6, 2005, and, if so, what penalty should be imposed upon him.
Findings Of Fact The Criminal Justice Standards and Training Commission (hereinafter referred to as the "Commission"), is created within the Florida Department of Law Enforcement by Section 943.11, Florida Statutes. The Commission is charged with the responsibility for, among other things, the certification and discipline of certified law enforcement officers, instructors, and criminal justice training schools in Florida. Respondent, Thomas C. Robbins, has been certified as a law enforcement officer in Florida since April 12, 1991, having been issued Law Enforcement Certificate Number 78355. B. April 13, 2005. Kimberly Anspach is a cousin of Mr. Robbins' wife, Tamara E. Robbins. Ms. Anspach, who resides in Boyton Beach, Florida, at the times relevant to this matter was employed as a dancer at Cheetah's Lounge. On April 13, 2005, Ms. Anspach and another dancer employed at Cheetah's Lounge identified only as Michelle (identified as "Michael" in the Transcript of the final hearing), agreed to dance privately for a man by the name of Moises Ventura and three other men. Ms. Anspach and the other dancer were told by Mr. Ventura that they would both be paid $1,000.00 for their services. Ms. Anspach and Michelle accompanied Mr. Ventura and the other men to a private residence where the women danced. The women consumed alcohol and the men, in addition to using alcohol, used drugs. Ms. Anspach and Michelle also engaged in mutual sexual relations with the men. The Early Morning of April 14, 2005. Ms. Anspach and Michelle left the residence at around 4:30 a.m., on April 14, 2005. Mr. Ventura and the other men refused to pay the $2,000.00 owed to the women. Upset at not being paid for her services, Ms. Anspach telephoned her cousin, Tamara Robbins. Ms. Anspach explained to Mrs. Robbins about the events of the previous night and told her that Mr. Ventura had refused to pay for her services. Ms. Anspach was told by Mrs. Robbins that she would help get her the money she was owed by Mr. Ventura. Mrs. Robbins told Ms. Anspach to get some rest and that she would call her back later that day. The Attempted Extortion of Mr. Ventura. After speaking with Ms. Anspach, Mrs. Robbins telephoned Mr. Ventura. Later that day, Mrs. Robbins called Ms. Anspach and told her that she had telephoned Mr. Ventura and told him that if he did not pay Ms. Anspach and Michelle the money they were owed that Ms. Anspach would claim that he had raped her. On the same day that Ms. Anspach spoke with Mrs. Robbins about the incident, Mr. Ventura went to the Royal Palm Beach Police Department. He spoke with Officer Cherly Griffin, telling her that he had received a telephone call from an individual that told him Ms. Anspach would claim he raped her if he did not pay her $2,000.00. A "controlled phone call" was made from the Police Department to a number provided to Mr. Ventura by the women who had threatened him. A woman answered and identified herself as "Donna." The controlled phone call took place on April 14, 2005. Detectives Kazer and Durso listened to the controlled phone call. Officer Griffin also listened to the telephone conversation. That call was recorded and admitted in evidence as Petitioner's Exhibit 1. The controlled phone call made on April 14, 2005, was made to a cellular phone utilized by Mrs. Robbins. The woman who identified herself as "Donna" was Mrs. Robbins. This finding is based upon the testimony of Ms. Anspach that she recognized Mrs. Robbins’ voice on the tape and the phone records of Mrs. Robbins' cell phone. During the controlled phone call, Mr. Ventura was directed by Mrs. Robbins to bring the money owed to Ms. Anspach to Wellington Mall (hereinafter referred to as the "Mall"), and meet Ms. Anspach at the Chic-Fil-A. Wellington Mall. Later during the afternoon of April 14, 2005, Mrs. Robbins telephoned Ms. Anspach and told her that she was to go to the Chic-Fil-A at the Mall, where she would meet Mr. Ventura and collect the money owed her. Mrs. Robbins also told her that Mr. Robbins would come to her apartment, pick her up, and take her to Mall. Mr. Robbins picked up Ms. Anspach at her apartment and drove her to the Mall. During the ride to the Mall, Mr. Robbins told Ms. Anspach that what was going on could be considered blackmail and "that if anything were to happen when we were to pick up the money that he had no involvement." When they arrived at the Mall, Mr. Robbins dropped Ms. Anspach off while he parked his vehicle. He told Ms. Anspach that he would be waiting for her around the corner from the CHIC-FIL-A and would be watching her to see if anything were to happen. He reassured her that, if anything were to go wrong, he would be right around the corner. Approximately 30 minutes after arriving at the Mall, Mr. Robbins received a telephone call from Mrs. Robbins, who told him that the meeting location had been changed from the Mall to a Hess Gas Station located in Wellington. The Hess Gas Station. Upon arriving at the Hess Gas Station, which was close to the Mall, Mr. Robbins parked his vehicle. Mr. Ventura then walked up to the parked vehicle and said, "oh, this is your muscle" evidently referring to Mr. Robbins. While Ms. Anspach said "yes," Mr. Robbins said nothing. Immediately after Ms. Anspach responded to Mr. Ventura's statement, Royal Palm Beach Police officers took Ms. Anspach and Mr. Robbins out of the vehicle at gun point. Both were placed on the ground and handcuffed. Ms. Anspach was arrested and taken to the Royal Palm Beach Police station. Mr. Robbins was released at the Hess Gas Station. Initially, Ms. Anspach told the police that she had been raped by Mr. Ventura. When the recording of the controlled phone call was played for her, she admitted that she had been told by Mrs. Robbins that Mr. Ventura had been told to pay her the money she was owed or that she would report that he had raped her. Mr. Robbins' Explanation. Mr. Robbins testified unconvincingly at the final hearing that the only thing he knew about the events of April 13 and 14, 2005, was that his wife had requested that he give Ms. Anspach, who had no automobile at the time, a ride to the Mall to collect money owed to her from a friend.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Commission finding that Thomas C. Robbins violated Section 943.1395(7); dismissing the allegation that he violated Section 943.1395(6); and suspending his certification for a period of three years. DONE AND ENTERED this 7th day of September, 2006, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of September, 2006. COPIES FURNISHED: Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Doddo, Esquire 600 South Andrews Avenue, Suite 600 Fort Lauderdale, Florida 33301 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Crews, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether respondent's registered building contractor's license should be revoked, suspended or otherwise disciplined based on allegations he violated (1) Section 489.129(1)(c), Florida Statutes, in that he violated a provision of Chapter 455, Florida Statutes; (2) Section 489.129(1)(g), Florida Statutes, in that he acted in the capacity of a contractor under a name other than on his registration; and (3) Section 489.129(1)(j), Florida Statutes, in that he failed, in two material respects, to comply with the provisions of Chapter 489, Florida Statutes.
Findings Of Fact At all times material hereto, respondent was licensed by the Construction Industry Licensing Board as a registered building contractor, having been issued a license number RR 0007671. He was not, however, licensed as a roofing contractor. Neither did he, at any time, qualify Gus Schmidt Home Improvements, Inc., with the Construction Industry Licensing Board. (See Petitioner's Exhibit 1). In 1968, respondent was issued a limited general contractor's license by Palm Beach County, Florida, under which he was authorized to install roofs only on structures which he constructed; he was not authorized to re-roof existing roofs. He has continuously renewed this local license, from 1968 to the present. On November 26, 1979, he qualified Gus Schmidt Home Improvements, Inc., with the Palm Beach County Construction Industry Licensing Board, which qualifications he has maintained to the present time. (See Petitioner's Exhibits 5). At all times material hereto, he held no other certificates of competency issued by Palm Beach County, Florida. At all times material hereto, he was the only qualifier for Gus Schmidt Home Improvements, Inc. ( See Petitioner's Exhibit 5). On or about May 5, 1980, he signed and submitted a notarized letter of authorization to the Palm Beach County Building Department. By this letter, he authorized Linda DeVito, his daughter, to obtain local building permits in the name of Gus Schmidt Home Improvements, Inc., and accepted liability for all acts performed under the permits. (See Petitioner's Exhibit 6). On or about May 29, 1980, Gus Schmidt Home Improvements, Inc., contracted with Mr. and Mrs. Garrett McLaughlin to remove and replace the existing roof over the carport and entry-way of the McLaughlin's home, and waterproof the entire roof. The house is located at 2041 Upland Road, West Palm Beach, Florida. The contract was signed by an employee of the respondent, and contained a five-year warranty on the work performed by Gus Schmidt Home Improvements, Inc. The contract price was $2,532.00. (See Petitioner's Exhibit 8). On or about June 16, 1980, Linda DeVito, as the authorized agent for Gus Schmidt Home Improvements, Inc., applied for a county building permit to perform the roofing work on the McLaughlins' home. Based on her application, a county building permit, number 80-14711, was issued to Gus Schmidt Home Improvements, Inc. (See Petitioner's Composite Exhibit 7). This permit was issued based on respondent's letter of authorization, dated March 5, 1980, which was on file with the Palm Beach County Building Department. (See Petitioner's Exhibits 6 and 7). In or about August 1980, Gus Schmidt Home Improvements, Inc., completed the re-roofing work on the McLaughlins' home, without subcontracting it. Between May 29, 1980, and July 29, 1980, Mrs. McLaughlin paid Gus Schmidt Home Improvements, Inc., $2,532.00--the full contract price. (See Petitioner's Exhibit 10). A few weeks after the roofing work was completed, Mrs. McLaughlin checked the roof and discovered that the coating had not completely covered it. There were openings where stones were showing. She became concerned and called Gust Schmidt Home Improvements, Inc. She was told not to worry because the work was covered by a five-year warranty. During 1981, weeds began to grow on the McLaughlins' roof. In May or June of 1982, Mrs. McLaughlin called respondent to complain about the roof's condition. He told her that he had gotten out of the business before the work on the McLaughlins' home was completed, and that a company on Lake Avenue in West Palm Beach, Florida, had done the work on her home. He told her that he would call her back with further information, but never did. When respondent did not call back with further information, Mrs. McLaughlin checked the phone book and decided that respondent must have been referring to a company called Florida Exteriors. She called that company and was told that they would honor her warranty. But the roof on Mrs. McLaughlin's home was never repaired, even though the roof leaked where boards had been replaced.
Recommendation Based on the foregoing, it is RECOMMENDED that respondent's contractor's license be suspended for six months, and that he be administratively fined $1000. DONE AND ENTERED this 12th day of April 1984 in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of April 1984. COPIES FURNISHED: Stephanie A. Daniel, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Gus Schmidt 602 North "A" Street Lake Worth, Florida 33460 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether respondent's license to practice optometry should be disciplined on charges that he failed to comply with, or violated, a lawful order of the Board of Optometry.
Findings Of Fact At all times material hereto, respondent was licensed as an optometrist, having been issued license number 0001338 by the Board of Optometry (P1, P2). On January 28, 1981, a Final Order was entered by the Board of Optometry which applied to respondent and his license to practice optometry. The Final Order, which resulted from a disciplinary proceeding against respondent, provided in pertinent part: That Respondent's license be suspended for a period of three months, to be served from February 5, 1981 to May 4, 1981, or immediately upon the lifting of any stay or other intervening legal process. During the period of suspension the Respondent may not hold himself out as an optometrist or practice optometry. That Respondent pay a fine of $500.00 for each count of the Administrative Complaint, for a total of $2500.00 to be paid as ordered in the imposition of probation on the Respondent. That the Respondent serve a period of probation of three years, which shall commence on May 5, 1981, or three months after the lifting of any stay or other intervening legal process. The terms of the probations shall be as follows: The Respondent shall obey all laws and regulations of the State of Florida. The Respondent shall inform the Board of any change of his address, including his residence address and all locations at which he practices optometry. The Respondent shall appear before the Board to report on his activities in six months and semiannually thereafter. The Board shall give the Respondent notice of those meetings held at or near Miami, Florida at which the Respondent should appear. The Respondent shall pay the fine of $2500.00 imposed by February 5, 1982, or one year after the lifting of any stay or other intervening legal process. (e.s.) Respondent appealed this Final Order to the Third District Court of Appeal of Florida, which upheld the order. Respondent then filed a petition for rehearing, which was denied by order of the Court, dated January 13, 1982. On January 21, 1982, respondent filed a motion for stay with the Florida Supreme Court, which motion was later withdrawn. (Testimony of Gardner, P-5, R-1, R-3). By letter dated January 22, 1982, respondent asked for permission to appear before the Board of Optometry on February 6 and 7, 1982, and further requested that the order, which he had unsuccessfully appealed, be stayed pending his appearance. When he appeared before the Board of Optometry on February 6, 1982, asking for a less severe penalty, the Board's attorney advised that due process had transpired and that the Board had no further jurisdiction to reopen the case. The Board took no action. (Testimony of Gardner, R-1, R-3) Under the Board's Final Order, respondent's license to practice optometry was effectively suspended from January 28, 1982 (15 days after the Third District's denial of his petition for rehearing), until April 28, 1982. This suspension commenced immediately upon the completion or lifting of all intervening legal processes. Under Rule 9.340, Florida Rules of Appellate procedure, that event took place 15 days from the Court's order denying rehearing. (Testimony of Gardner, P-2, R-1, R-3) Under paragraph 3.d) of the Final Order, the $2,500 fine became due and payable on January 28, 1983, one year after the lifting of any stay or the completion of the intervening legal process. Respondent, however, failed to pay the fine by January 28, 1983. (Testimony of Gardner, P-2, P-3) On or about March 8, 1983, Mildred Gardner, Executive Director for the Board of Optometry, sent a "bill" to respondent indicating that the payment of respondent's fine was past due. (Testimony of Gardner, P-4) On or about March 22, 1983, respondent paid, by check, the $2,500 fine to the Board of Optometry. The check was subsequently cashed by the Board without express reservation or protest. (Testimony of Gardner, respondent, P-3)
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent be administratively fined $500 for violating Section 463.016(1)(s), Florida Statutes (1981). DONE and ENTERED this 7th day of December, 1983, in Tallahassee, Florida. R.L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of December, 1983.
The Issue The issues are whether Respondent violated Sections 489.129(1)(i) and 489.129(1)(o), Florida Statutes, and if so, what discipline should be imposed.
Findings Of Fact At all times material to this proceeding, Respondent was licensed as a Certified Plumbing Contractor, holding License No. CF C056847. Respondent has maintained an active license since October 19, 1995. At all times material to this proceeding, Respondent conducted his business under the name of Ron Price Plumbing and Tile. On May 18, 2000, Respondent's business was located at 2043 Mike Street, South Daytona, Florida. On May 18, 2000, Respondent gave Edward Carlson a written proposal to perform some repair work in a bathroom at Mr. Carlson's residence, which was located in Daytona Beach, Volusia County, Florida. The letterhead on the written proposal indicates that Respondent's business address was 2043 Mike Street, Daytona Beach, Florida. The written proposal states that for the sum of $1,200, Respondent would perform the following work : (a) remove floor and bottom two rows of tile; (b) install PVC pan and drain; (c) install dura rock to walls; (d) install four-by-four wall tile; (e) install second floor; (f) install two-by-two floor tile; (g) use white grout; and (h) haul away refuse. Mr. Carlson accepted this proposal. Respondent did not pull a permit from the City of Daytona Beach Building Department before commencing the work in Mr. Carlson's bathroom. The City of Daytona Beach, Florida, requires a permit for the type of work performed by Respondent, even though very few plumbers or contractors actually take the time to pull one. Specifically, City of Daytona Beach Ordinance 104.1.4.1 requires a permit for minor repairs exceeding $500. Respondent, subsequently, completed the work in Mr. Carlson's bathroom. Mr. Carlson inspected the work and paid Respondent $1,200 as agreed. There is no credible evidence that Respondent's work was substandard or that he damaged Mr. Carlson's property in any respect. Thereafter, Respondent moved his business to 6089 Airport Road, Port Orange, Volusia County, Florida. As of September 1, 2000, Petitioner's records correctly reflect Respondent's current address of record at the new business location. Petitioner expended $312.48 in total cost, excluding attorney's fees, for investigating, filing, and pursuing the complaint against Respondent through the administrative complaint process.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order finding Respondent guilty of violating Section 489.129(1)(o), Florida Statutes, imposing an administrative fine in the amount of $500, and assessing investigative costs in the amount of $312.48. DONE AND ENTERED this 8th day of November, 2001, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 2001.
The Issue The issues are whether Respondent violated section 112.313(6), Florida Statutes (2018), by exhibiting inappropriate behavior toward city staff; and, if so, what is the appropriate penalty.
Findings Of Fact Respondent served as a city commissioner of Madeira Beach from 2007 through March 2013, and was reelected to the office in March 2017. Shane Crawford served as the city manager of Madeira Beach from January 2012 through July 2017. Cheryl McGrady Crawford served as a full-time employee of Madeira Beach in different capacities: intern for the planning and zoning coordinator; in the building department; and city clerk. In addition, she served as the executive assistant to then-City Manager Shane Crawford from September 2012 through February 2017, where her job responsibilities included acting as deputy clerk when the city clerk was unable to attend a function or meeting. David Marsicano has been serving as Madeira Beach’s public works and marina director for 17 years. Travis Palladeno served as the mayor of Madeira Beach from 2011 through 2017. Terry Lister served as a city commissioner of Madeira Beach from 2008 through 2018. Francine Jackson was a Madeira Beach employee for approximately 11 years. Her last position was as the assistant to Public Works Director Marsicano from 2012 through 2014. Thomas Verdensky is the president of the Old Salt Foundation, which is a volunteer organization. Joseph Campagnola is a retired 13-year New York City police officer who has volunteered as head of security (coordinates sheriff’s department and personal guards) for Old Salt Foundation events for the past nine years. Nicole Bredenberg was present at the November 3, 2012, Madeira Beach City Commission (“City Commission”) meeting. Respondent is subject to the requirements of chapter 112, part III, the Code of Ethics for Public Officers and Employees, for her acts and omissions during her tenure as a city commissioner of Madeira Beach. See § 112.313(6), Fla. Stat. and City Charter Section 2-31 Duties and Responsibilities. As a city commissioner of Madeira Beach, Respondent took an oath “to faithfully perform the duties of [her] office and the Constitution of [sic] the laws of the State of Florida and the United States of America.” As a city commissioner of Madeira Beach, Respondent was prohibited from interfering with administration as provided: “The Board of Commissioners nor any member thereof shall give orders to any subordinate or Officer of said City, either publicly or privately, directly or indirectly.” As a city commissioner, Respondent’s responsibilities included attending City Commission meetings, regular or special. At the City Commission meetings, the city clerk is responsible for taking the meeting minutes. If the city clerk is unavailable, a substitute is needed or the meeting cannot be held. Mr. Palladeno told the new Madeira Beach city manager, Shane Crawford, that he wanted an outdoor meeting since they are a beach community. In November 2012, an outdoor City Commission meeting was held in conjunction with the King of the Beach Tournament, a fishing tournament occurring biannually in Madeira Beach. The meeting was to recognize Bimini, Bahamas, as Madeira Beach’s sister city with a presentation of a key to the city and a proclamation. The King of the Beach Tournament is organized by the Old Salt Fishing Foundation. The event was held on a baseball field having field lights, which turned on as it started to get dark. Respondent was present at this event in her official capacity to participate in the meeting. She had consumed alcohol at the all-day fishing tournament. Then-city clerk, Aimee Servedio, could not attend this meeting, so a substitute was required or the meeting could not go forward. Ms. McGrady (prior to her becoming Ms. Crawford) had been assigned the role of deputy clerk and was prepared to take minutes. Respondent dislikes Ms. Crawford because she believed, without any proof produced at hearing and a firm denial at hearing by Ms. Crawford, that she and Shane Crawford were having an affair at the time of the meeting at issue, which was prior to their marriage. The City Commission could not start the meeting the evening after the tournament because Respondent refused to go on stage due to Ms. McGrady’s role as deputy clerk. There was a heated discussion between Shane Crawford, Ms. McGrady, and Respondent. Respondent actually refused to attend the meeting if Ms. McGrady was present, and demanded that she be removed from the area. Mr. Palladeno and an official Bimini representative were in the vicinity of the heated discussion. Referring to Ms. McGrady, and in her presence, Mr. Palladeno heard Respondent say, “You need to get that f[***]ing b[itch] out of here.” Mr. Palladeno rushed in to move the Bimini representative away from the situation. Lynn Rosetti, who at that time was the planning and zoning director, had to fill in because Respondent refused to attend the meeting if city employee, Ms. McGrady, was allowed to substitute for the city clerk. Respondent’s actions interfered with Ms. McGrady’s job duties. After the meeting was over, Respondent approached Shane Crawford with Ms. McGrady, David Marsicano and his then- wife Shelley, and Nicole Bredenberg also in the immediate area. Using her tongue, Respondent licked City Manager Shane Crawford up the side of his neck and face. This act was witnessed by Ms. McGrady, Mr. Marsicano, Mr. Bredenberg, and Mr. Verdensky. Respondent then groped City Manager Shane Crawford by grabbing his penis and buttocks. This act was witnessed by Ms. McGrady and Mr. Bredenberg. Respondent then threw a punch at Ms. McGrady after she told Respondent that her actions were inappropriate. Mr. Marsicano’s ex-wife intervened and confronted Respondent. Mr. Verdensky, who testified that he had been licked by Respondent on a different occasion, called for the head of security, Joseph Campagnola. Mr. Campagnola arrived between one to two minutes after the call. By the time he arrived, Respondent was walking away. However, he found Shane Crawford, Ms. McGrady, and Ms. Marsicano. He was told by Mr. Crawford that Respondent licked his face and grabbed him, which was corroborated by Mr. Marsicano and Ms. McGrady. Mr. Marsicano, who testified he had also been licked by Respondent on a different occasion, has a distinct memory of Respondent’s actions at the November 2012 City Commission meeting because of the “disruptions and shenanigans” that happened before, during, and after the meeting. He had to lead his wife away because she was so upset with Respondent. Mr. Marsicano also testified that he witnessed the face-licking of Mr. Crawford by Respondent. He subsequently spoke with Francine Jackson about what happened at that meeting. Ms. Jackson was not present for the November 2012 City Commission meeting. However, that following Monday or Tuesday, she discussed the weekend with Mr. Marsicano and was informed by him that Respondent licked Mr. Crawford’s face. Ms. McGrady was placed in a predicament when Respondent’s animosity towards her became overt and physical. Respondent created a hostile environment and employees were rightfully fearful of retaliation if they reported Respondent’s actions. Robin Vander Velde is a former city commissioner of Madeira Beach and has known Respondent since 2007. Ms. Vander Velde was outraged about an ethics complaint being filed against her very good friend of ten years. Present in her capacity as a city commissioner at the November 2012 meeting, her recollection of the events was foggy, at best. Ron Little is Respondent’s best friend of 20 years and Ms. Vander Velde’s boyfriend. He honestly acknowledged that it is a given that he would want to help Respondent. Mr. Little was unaware of Respondent’s Driving under the Influence (“DUI”) arrest, petit theft arrest, alleged participation in a United States Postal Service (“USPS”) mail hoax, and the reasons why she left her City of Clearwater employment. Elaine Poe is a former city commissioner of Madeira Beach. Ms. Poe was unaware of Respondent’s petit theft arrest, alleged participation in a USPS mail hoax, and why she left her City of Clearwater employment. While Ms. Poe was at the November 2012 meeting, she did not recall the meeting starting late. Jim Madden is a former city manager of Madeira Beach. He was also unaware of Respondent’s petit theft arrest and alleged participation in a USPS mail hoax. Doreen Moore was unaware of Respondent’s petit theft arrest and alleged participation in a USPS mail hoax. Linda Hein met Respondent in 2016. She was unaware of Respondent’s petit theft arrest. Originally, Ms. Hein did not remember attending the November 2012 meeting until her memory was refreshed; regardless, she could not provide eyewitness testimony concerning the alleged licking incident. Michael Maximo, is the former Madeira Beach community services director. He testified he had been licked by Respondent on a different occasion, during the soft opening of a Bubba Gump’s Restaurant in John’s Pass Village. He recalled the details of the specific incident and said Respondent was inebriated at the time, and she came over to him and licked his face and neck in the presence of her husband, who quickly escorted her from the building. Mr. Maximo refuted the testimony of Respondent’s witnesses as his knowledge of Respondent’s reputation in the community was as a “fall down drunk,” who should not be representing the community. This was a different picture from the one painted by Respondent’s friends who, while admitting she liked to have a drink or several with them and others, they could not imagine her licking someone in public.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Ethics enter a final order finding that Respondent, Nancy Oakley, violated section 112.313(6), Florida Statutes, and imposing a public censure and reprimand and a civil penalty of $5,000. DONE AND ENTERED this 7th day of December, 2018, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of December, 2018. COPIES FURNISHED: Kennan George Dandar, Esquire Dandar & Dandar, P.A. Post Office Box 24597 Tampa, Florida 33623 (eServed) Melody A. Hadley, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 (eServed) Elizabeth A. Miller, Esquire Office of the Attorney General Plaza Level 01, The Capitol Tallahassee, Florida 32399 (eServed) Millie Fulford, Agency Clerk Florida Commission on Ethics Post Office Drawer 15709 Tallahassee, Florida 32317-5709 (eServed) C. Christopher Anderson, III, General Counsel Florida Commission on Ethics Post Office Drawer 15709 Tallahassee, Florida 32317-5709 (eServed) Virlindia Doss, Executive Director Florida Commission on Ethics Post Office Drawer 15709 Tallahassee, Florida 32317-5709 (eServed)
