Ethics Commission trims complaint 22-079, dismisses three hearsay-based allegations and refers remainder to DOAH

The Commission on Ethics voted to adopt a draft order narrowing complaint 22-079 by dismissing three allegations the agency found to be based on hearsay and referring three remaining allegations to the Division of Administrative Hearings (DOAH). Gray Schaefer, the commission attorney, told commissioners the change responds to a 2024 statutory amendment requiring allegations be based on personal knowledge or information other than hearsay.

"The draft order in front of you recommends dismissing these three allegations using section 112.324 subsection 12 on the basis that it wouldn't serve the public's interest to proceed further on these three allegations because they don't appear to be based on personal knowledge or information other than hearsay," Schaefer said. Counsel for the respondent, Richard Coats, argued the matter had become "a political tempest in a teapot" and urged dismissal of all counts. After discussion and an abstention filed by one commissioner under section 286.012, the commission approved the draft order by voice vote. The three dismissed allegations described in the order included (1) an allegation the respondent encouraged a city council member to post criticism of the complainant, (2) an allegation the respondent told a city council member to fire the city attorney, and (3) an allegation the respondent hired a private investigator and published false findings. The remaining three counts were described by staff as meeting the current investigative standard and were referred to DOAH for an evidentiary hearing.

The commission’s action does not eliminate the complaint entirely; rather, it narrows the issues that will proceed. The order cited section 112.324(12) of the Florida statutes as the basis for dismissing allegations that "the public's interest will not be best served by proceeding further." The commission did not publish a roll-call tally in the record for the dismissal motion; the chair announced the motion carried.