06-004172EC In Re: Jason Padgett vs. * Status: Closed Recommended Order on Monday, May 21, 2007.

Summary: Respondent improperly used his position as a town council person to attempt to force a town employee to withdraw an ethics complaint.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: JASON PADGETT , ) Case No. 06 - 4172EC

)

Respondent . )

)

RECOMMENDED ORDER

This cause came on for formal hearing before Harry L.

Hooper, Administrative L aw Judge with the Division of

Administrative Hearings, on April 17, 2007, in Keystone Heights,

Florida.

APPEARANCES

For the Florida Commission on Ethics :

Linzie F. Bogan, Esquire

Advocate for the Florida

Commission on Ethics

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

For Respondent: No appearance

STATEMENT OF THE ISSUE

The issue is whether Respo ndent violated the Code of Ethics

for Public Officers and Employees.

PRELIMINARY STATEMENT

On October 19, 2005, the Florida Commission on Ethics

(Commission) found probable cause to believe that Jason Padgett

(Mr. Padgett), a council member of the Town o f Hampton, Florida,

violated S ubs ections 112.313(2) and (6), Florida Statutes

(2003) , 1 by improperly soliciting William Tillotson, Jr.

(Mr. Tillotson) , to withdraw a previously filed ethics

complaint. In return, it was alleged, Mr. Padgett promised to

con tinue to support the town's police department. Mr. Tillotson

was one of the policemen employed in the town's small police

department.

Mr. Padgett demanded a hearing , and on October 27, 2006,

the case was forwarded to the Division of Administrative

Hearin gs. The case was set for hearing on January 8 and 9,

2007, in Keystone Heights, Florida. Immediately prior to the

hearing , Mr. Padgett notified the Advocate of h is

unavailability , and the case was continued. It was eventually

set for an April 17, 2007, hearing date. Mr. Padgett was duly -

notified of the date, time, and place of the hearing, but he did

not appear.

At the final hearing , the Advocate called Mr. Tillotson as

a witness and offered six exhibits into evidence. All were

admitted.

A T ranscript was filed on April 30, 2007. The Advocate

timely filed a Proposed Recommended Order on May 10, 2007.

FINDINGS OF FACT

1. During all times relevant , Mr. Padgett served as a

member of the Hampton Town Council, Hampton, Florida.

Mr. Padgett resigned from the town council on a date subsequent

to May 4, 2004. His last known address wa s 9885 South Temple

Avenue, Hampton, Florida.

2. The Commission was created by Section 112.320, Florida

Statutes, and is vested with the power to implement the Code of

Ethic s for Public Officers and Employees (Ethics Code).

3. As a former member of the Hampton Town Council ,

Mr. Padgett is subject to the dictates of Chapter 112, Part III,

Florida Statutes, as that part pertains to acts and omissions

occurring during his tenu re as a town council member for

Hampton, Florida.

4. On September 9, 2002, Mr. Tillotson, filed a complaint

against Mr. Padgett with the Commission. The Commission

assign ed this complaint case number 02 - 132. This case involved

an effort by Mr. Padgett to convince Mr. Tillotson to withdraw

two traffic tickets he issued to two citizens of Hampton in

2002 .

5. On August 27, 2003, the Commission issued a Report of

Investigation (ROI) regarding c ase number 02 - 132 , which was

forwarded to Mr. Padgett. Based on the ROI, Commission Advocate

Virlindia Doss (Advocate Doss) issued a recommendation that the

Commission find probable cause to believe that Mr. Padgett's

actions were a violation of S ubs ection 112.313(6), Florida

Statutes. This information was provided to Mr. Padgett in a

letter dated September 16, 2003.

6. On September 19, 2003, Advocate Doss mailed to

Mr. Padgett a Joint Stipulation of Fact, Law, and Recommended

Order with regard to case number 02 - 132. This stipulation

invited Mr. Padgett to admit to the two violations and to agree

to forfeit one - third of his public salary as a member of the

Hampton Town Council for a period of 12 months.

7. On September 21, 2003, Mr. Padgett approached

Mr. Tillotson and discussed the pending ethics complaint with

him. Mr. Padgett stated that he would consider it a favor if

Mr. Tillotson would withdraw the ethics complaint and stated

that in return he would continue to support the Hampton Police

Department. He further stated that if he had to pay the

proposed fin e that he would always remember, each time he paid a

bill, that Mr. Tillotson caused him to lose a third of his

salary from the Town of Hampton.

8. The forgoing actions of Mr. Padgett were intended to

use his position as town council person to intimidat e

Mr. Tillotson into withdrawing the ethics complaint. In a small

town with a small police department, a councilperson is in a

position to affect the economic well - being of officers employed

by the police department.

9. Mr. Tillotson refused to withdraw the complaint. On

September 23, 2003, Mr. Padgett signed the stipulation proposed

by Advocate Doss , thereby admitting to violations of the Ethics

Code. He further agreed to forfeit on e - third of his public

salary as a member of the Hampton Town Council f or a period of

12 months.

10. Thereafter, Mr. Tillotson filed this complaint . It

was assigned case number 04 - 097 .

CONCLUSIONS OF LAW

11 . The Division of Administrative Hearings has

jurisdiction over the subject matter of and the parties to this

proce eding. § 120.57(1), Fla. Stat.

12. The burden of proof, absent a statutory directive to

the contrary, is on the party asserting the affirmative of the

issue of the proceedings. Department of Transportation v.

J.W.C. Co. , Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981). In this

proceeding it is the Commission, through its Advocate, that is

asserting the affirmative , and the Commission must prove by

clear and convincing evidence the violations alleged.

13. Subsections 112.313(1) , (2), and ( 6 ), Florida

Statute s , provide as follows:

§ 112.313. Standards of conduct for public

officers, employees of agencies, and local

government attorneys

(1) DEFINITION. -- As used in this section,

unless the context otherwise requires, the

term "public officer" includes an y person

elected or appointed to hold office in any

agency, including any person serving on an

advisory body.

(2) SOLICITATION OR ACCEPTANCE OF GIFTS. -

- No public officer, employee of an agency,

local government attorney, or candidate for

nomination or election shall solicit or

accept anything of value to the recipient,

including a gift, loan, reward, promise of

future employment, favor, or service, based

upon any understanding that the vote,

official action, or judgment of the public

officer, employee, local government

attorney, or candidate would be influenced

thereby.

* * *

(6) MISUSE OF PUBLIC POSITION. -- N o public

officer, employee of an agency, or local

government attorney shall corruptly use or

attempt to use his or her official position

or any property or resource which may be

within his or her trust, or perform his or

her official duties, to secure a special

privilege, benefit, or exemption for

himself, herself, or others. This section

shall not be construed to conflict with s.

104.31.

13. The Advocate has established by clear and convincing

evidence that Mr. Padgett, at all time material to this matter,

was a public officer and thus subject to the Ethics Code; that

in order to avoid forfeiting something of value, one - third of

his annua l salary as a Town Council member , he solicited

Mr. Tillotson to withdraw his ethics complaint ; and that

Mr. Padgett proposed that continued support of the Hampton

Police Department was contingent on Mr. Tillotson 's withdrawing

his ethics complaint. Thus the allegation of a violation of

Subsection 112.313(2) , Florida Statutes, is proven.

14. The Advocate has established by clear and convincing

evidence that Mr. Padgett additionally, while a public officer,

used or attempted to use his position as a membe r of the Hampton

Town Council in an effort to cause Mr. Tillotson to withdraw an

ethics complaint so that he could avoid forfeiting something of

value, one - third of his annual salary as a Town Council member,

by asserting the support of the Hampton Police Department, which

employed Mr. Tillotson, was contingent on the requested

withdrawal. Thus the allegation of a violation of

Subsection 112.313(6) , Florida Statutes, is proven.

RECOMMENDATION

Based upon the Findings of Fact and Conclusions of Law, it

is

RECOMMENDED that a final order and public report be entered

finding that Respondent, Jason Padgett, violated

Subsections 112.313(2) and (6), Florida Statutes ; imposing a

civil penalty of $10,000 ; and issuing a public censure and

reprimand.

DONE AND ENTER ED this 21st day of May , 2007 , in

Tallahassee, Leon County, Florida.

S

HARRY L. HOOPER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 30 60

(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 21st day of May , 2007 .

ENDNOTE

1/ Citations to statutes are to Florida Statutes (2003), unless

othe rwise noted.

COPIES FURNISHED :

Linzie F. Bogan, Esquire

Advocate for the Florida

Commission on Ethics

Office of the Attorney General

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

Kaye Starling , Agency Clerk

Florida Commission on Ethics

Post Office Drawer 15709

Tallahassee, Florida 32317 - 5709

Jason Padgett

9885 South Temple Avenue

Hampton, Florida 32044

Philip C. Claypool

Executive Director and General Counsel

Florida Commission on Ethics

Post Office Drawer 15709

Tallahassee, Florid a 32317 - 5709

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.