17-001560EC In Re: Jean Robb vs. * Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 9, 2017.

FLORIDA

ON ETHICS

JUL 11 l017

BEFORE THE RECEIVED

STATE OF FLORIDA

COMMISSION ON ETHICS

In re: Jean Robb,

Respondent. Complaint No. 14-193

SUGGESTION OF DEATH AND

MOTION TO DISMISS COMPLAINT

COMES NOW, Advocate for the Florida Commission on Ethics (Commission) and

informs the Commission of Respondent's death and moves the Commission to Dismiss the

pending complaint and as good grounds states:

Factual Background and Procedural History

Respondent served as Mayor of the City of Deerfield Beach during all relevant times. On

November 12, 2014, a sworn complaint was filed with the Commission alleging that Respondent

violated the Code of Ethics. Pursuant to Section 112.322, Florida Statutes, the Executive

Director of the Commission found that the complaint was legally sufficient and ordered a

preliminary investigation of the complaint for a probable cause determination of whether

Respondent had violated the Code of Ethics. The Report of Investigation was released on

November 24,2015.

On March 9, 2016, the Commission found probable cause to believe Respondent had

violated Sections 112.313(2), 112.313(4), and 112.313(6), Florida Statutes, of the Code of

Ethics.

On July 6, 2016, Advocate sent Respondent's attorney, J. David Bogenschutz, a draft

proposed Joint Stipulation of Fact, Law, and Recommended Order (Joint Stipulation) for

Respondent's consideration. (Exhibit I) Respondent rejected any settlement agreement and

requested a hearing before an Administrative Law Judge (ALJ) at the Division of Administrative

Hearings (DOAH). The Commission's clerk forwarded the case to DOAH for assignment of an

AU.

The ALJ issued an Initial Order mandating the parties provide specific information

pertaining to a final hearing within 10 days. Advocate's attempts to coordinate dates for a hearing

were unsuccessful, thus, Advocate filed a unilateral response to the ALJ's Initial Order. (Exhibit

2) A hearing was subsequently scheduled for May 10 and 11, 2017 in Fort Lauderdale.

On March 22, 2017, Advocate served on Respondent a Request to Produce, First Set of

Interrogatories, and Request for Admissions. On March 23, 2017, Advocate was advised that

Respondent was ill and unable to travel. On April 12) 2017, Advocate sent Mr. Bogenschutz

another draft Joint Stipulation for consideration due to Respondent's health. Mr. Bogenschutz

advised that Respondent had given him the okay to resolve the matter at his discretion, with the

hope of having a signed "stipulation/agreement by close of business on Friday [April 14]."

Advocate did not receive a signed stipulation.

On April 19,2017, Mr. Bogenschutz advised Advocate that there would be no need for a

hearing and the parties again began negotiating the terms of a Joint Stipulation for the

Commission's consideration. An agreement was reached. Mr. Bogenschutz's assistant asked, "To

whom should the $1,000 check be made payable?" The terms in the attached Joint Stipulation

were offered and accepted based on Respondent's failing health and with Advocate's hope the

Commission would consider the terms based on that fact, rather than on the seriousness of the

allegations.

On May 9, 2017, Advocate filed a Motion to Cancel Hearing, Relinquish Jurisdiction,

and Close File at DOAH, in which Advocate made the following authorized representations:

The parties have been in negotiations to resolve this case for the past few

months. Mr. Bogenschutz has authorized the Advocate to inform the Court

that Mrs. Robb [Respondent] has agreed to enter into a Joint Stipulation of

Fact, Law, and Recommended Order which will be presented to the

Commission on Ethics for approval. The Joint Stipulation will be signed

by Mrs. Robb and returned to the Advocate before the beginning of next

week [May 15, 2017]. (Exhibit 3)

From May 16 until June 19, Advocate sought to have the signed Joint Stipulation

returned. Mr. Bogenschutz entered a lengthy (about four week) homicide trial on May 15 but

informed Advocate on May 31 that Respondent already had signed the Joint Stipulation. Mr.

Bogenschutz signed and dated the Joint Stipulation on June 5, 2017.

On June 19, 2017, Advocate again contacted Mr. Bogenschutz's assistant about returning

the signed Joint Stipulation, and was advised that the signed document and the $1,000 check,

dated May 30, 2017, would be put in the mail day. that It was. (Exhibits 4, 5) Later that same

day, Respondent passed away. (Exhibit 6)

Joint Stipulation

Prior to her death, Respondent entered into the previously referenced Joint Stipulation in

which she admitted that she was subject to the provisions of Part Ill, Chapter 112, Florida

Statutes, the Code of Ethics for Public Officers and Employees, during all relevant times.

(Exhibit 7) Respondent further admitted to all the allegations, 1 to wit:

a. Respondent violated Section 112.313(2), Florida Statutes, by accepting donations

for Respondent's chosen charities in exchange for her directing the City's Code

Enforcement Division not to pursue enforcement proceedings against the donor.

b. Respondent violated Section 112.313(4), Florida Statutes, by accepting

contributions for charities/organizations of Respondent's choice which were given

to influence Respondent to act in her official capacity.

1 "Respondent admits the facts as set forth in the Report of Investigation ... as incorporated by

reference in this Joint Stipulation, for purposes of this agreement.'' Joint Stipulation, p. 2, ,4.

"Respondent admits all of the allegations as set forth in paragraph four (4) of the Stipulated

Findings of Fact, above. 11 Joint Stipulation, p. 2, ,8.

c. Respondent violated Section 112.313(6), Florida Statutes, by directing the City's

Code Enforcement Division not to pursue enforcement proceedings against an

individual who had contributed to charitable organizations of Respondent's

choice.

d. Respondent violated Section 112.313(6), Florida Statutes, by directing City staff

to issue a parking sticker normally reserved for City employees and officials to an

area pastor, who was not a City official, staff member, or volunteer.

e. Respondent violated Section 112.313{6), Florida Statutes, by arranging a street

sweeper to service the parking lot of an area church.

Respondent acknowledged that she freely and voluntarily entered into the Joint

Stipulation with the understanding of the seriousness of the allegations and she gave her

assurance that the ethics proceeding had affected the manner in which she further conducted

herself as a public official in a positive way.

It was the parties' request in the Joint Stipulation that the Commission enter a Final Order

and Public Report finding that Respondent violated Sections 112.313(2), 112.313(4), and

112.313(6), Florida Statutes, and recommending 1) public censure and reprimand of Respondent;

and 2) a civil penalty of $1 ,000.

Suggestion of Death

On June 21, 2017, Mr. Bogenschutz notified Advocate of Mrs. Robb's death. Therefore,

the parties now request the complaint be dismissed.

Pursuant to Section 112.324(12), Florida Statutes, the "commission may, at its discretion,

dismiss any complaint or referral at any stage of disposition should it determine that the public

interest would not be served by proceeding further, in which case the commission shall issue a

public report stating with particularity its reasons for the dismissal." (Emphasis added.)

However, Advocate maintains that an outright dismissal of the complaint does not benefit

the public interest. "A public office is a public trust. The people shall have the right to secure and

sustain that trust against abuse." Art. II, § 8, Fla. Const.

Toward the end of balancing the various interests involved herein, Advocate requests that

the Commission 1) recognize the parties' negotiated factual and legal conclusions, 2 2) approve

the factual and legal conclusions for the limited purpose of recognizing what Respondent

acknowledged therein, 3) incorporate the Joint Stipulation into the Commission's Order by

attachment thereto, and 4) dismiss the complaint due to Respondent's death -- not due to

insufficiency of facts to sustain a violation(s). This request is based on the following reasons:

• Respondent indicated that she fully understood her rights and voluntarily

accepted the terms of the stipulation;

• Respondent had legal advice and counsel throughout the proceedings; and

• The stipulation was in accordance with the rights of the parties and within

the parameters of the law.

Both parties also waived their respective rights to a hearing, which indicates an intent to

form a binding agreement. Respondent was aware of her declining health and, most likely, her

impending death at the time the stipulation was signed and the check written. The fact that

Respondent died 19 days after the parties' agreement, but before the Commission's approval of

such, does nothing to affect Respondent's understanding of the agreement and stipulated facts

and conclusions of law. Respondent fully understood her rights, and voluntarily agreed to accept

the terms of the negotiated Joint Stipulation, thus, the public should be aware of those

admissions. Approving the facts and conclusions in the Joint Stipulation for a limited purpose

simply acknowledges how Respondent desired to resolve the ethics complaint against her.

2 Advocate does not suggest that the Commission adopt, approve, or ratify the Joint Stipulation

for the purpose of imposing any sanctions.

By attaching the Joint Stipulation to the Commission's Order in this matter and

incorporating it therein, the public's right to know is served in seeing that the complaint against

Respondent was fairly addressed prior to her passing.

The parties' Joint Stipulation is not confidential or exempt from public disclosure.

§§112.3146 and 119.01, Fla. Stat. After the Commission found probable cause "all documents

made or received in the disposition of the complaint or referral shall then become public

records." §112.324(3), Fla. Stat. The Joint Stipulation clearly was received in the disposition of

the complaint against Respondent. Nothing precludes publication of the Joint Stipulation.

The stipulation states, "In the event that it is not approved by the Commission on Ethics

as written, this document shall be of no purpose and effect and shall not be deemed an admission

by Respondent." Thus, an outright dismissal of the complaint, without more, indicates that the

facts did not substantiate any violations of the Code of Ethics. Approving the facts and law, as

stipulated by Respondent, for the limited purpose of recognizing what Respondent

acknowledged, incorporating by reference the facts into the Commission's Order, followed by

dismissal of the complaint due to Respondent's death, is a fair, reasonable, and appropriate

resolution of the matter for all parties. Respondent's wishes of May 30, 2017, to resolve the case

will be effectuated yet without imposition of a penalty and the public's interest will not be

subverted by an outright dismissal when Respondent admitted the violations.

WHEREFORE, it is respectfully suggested that in light of the death of Jean Robb,

Respondent, that the Commission formally acknowledge Respondent's admissions in the manner

stated herein and that the ethics complaint against her be dismissed solely due to her death in the

above styled matter. This motion is made in good faith and the dismissal of the complaint

(without conditions) is unopposed by Mr. Bogenschutz.

RESPECTFULLY SUBMITTED,

Q. \\fr\\lllill. )

Advocate for the Florida

Commission on Ethics

Florida Bar No. 578411

Office of the Attorney General

The Capitol, PL-01

Tallahassee, Florida 32399-1050

CERTIFICATE OF SERVICE

I HEREBY CERTIFIY that the undersigned served a true and accurate copy of this

motion on J. David Bogenschutz, Esquire, Bogenschutz, Dutko and Kroll, P.A., 600 South

Andrews Avenue, Suite 500, Fort Lauderdale, Floridah33301-2802, via e-mail only to:

[e-mail] [e-mail] on this [It day of July, 2017.

OFFICE OF THE ATTORNEY GE:'<>

Ethics Commission Advocate

Elizabeth A. Miller

Assistant Attorney General

PL-Ol The Capitol

Tallahassee, FL 32399-1050

PAM BONDI e/i;[e-mail] Phone [phone] Fax {850) 488-4872

ATTORNEY GENERAL

STATE OF FLORIDA

July 6, 2016

J. David Bogenschutz, Esq.

600 South Andrews A venue. P .A.

Suite 500

Fort Lauderdale, FL 33301

RE: In Re: Jean Robb

Florida Commissitm on Ethics, Complaint No.: 14-193

Dear Mr. Bogenschutz:

I have drafted a proposed Joint Stipulation of Fact, Law and Recommended Order for

your consideration. If you and your client find the terms acceptable, please sign and have

your client sign the Joint Stipulation and return it to me within 1 0 days of the date of this

letter. Payment is not due until after the Joint Stipulation is approved by the Commission

on Ethics and an Executive Order has been entered by the Office of the Governor.

If you have any further questions or comments, I can be contacted on my direct line:

[phone].

Thank you for your cooperation in helping to resolve this case.

Sincerely,

_.e ' '

o.

Elizabeth A. Miller

Advocate for the Florida

Commission on Ethics

Enclosure

BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETIDCS

In re: Jean Robb,

DOAB Case No.17-1560EC

Respondent. Complaint No. 14-193

-----------------'

ADVOCATE'S RESPONSE TO INITIAL ORDER

COMES NOW, Advocate for the Commission on Ethics and files this Response to the

Initial Order.

1. There are no related cases.

2. Advocate estimates that a hearing in the case will last two (2) days.

3. Advocate suggests that the hearing be held in Fort Lauderdale, Florida 1 or

Deerfield Beach for the convenience of Respondent and her counsel.

4. Advocate is available for the hearing on any of the following dates:

May 3- 5, 2017;

May 8 - 12, 2017; or

May 22-25,2017.

5. Advocate made the following -attempts to contact Respondent's counsel, Mr.

Bogenschutz, to coordinate a joint response to the Initial Order:

March 20, 2017 - E-mail to Karen K. Laythe, assistant to Mr.

Bogenschutz ([e-mail]);

March 21,2017- E-mail to Mr. Bogenschutz ([e-mail]);

March 21, 2017 - E-mail to Karen K. Laythe;

March 22, 2017 - Advocate's discovery requests e-mailed to Mr.

Bogenschutz and Karen K. Laythe;

March 22,2017- Advocate contacted Bogenschutz, Dutko & Kroll, P.A.

and confirmed Mr. Bogenschutz's e-mail address;

1 Closest DOAH Video Facility to Deerfield Beach.

March 23, 2017- E-mail to Mr. Bogenschutz;

March 23, 2017- E-mail exchange to/from Karen K. Laythe; and

March 27, 2017 (1:45 p.m.) - Telephone call to Mr. Bogenschutz's

office. Advocate spoke to his assistant and left a message regarding the

nature of the call.

6. Advocate's attempts to coordinate information with Respondent's counsel were

not successful, Advocate files this unilateral response in compliance with paragraph 2 of

the Initial Order.

RESPECTFULLY SUBMITTED on the fl 1 fu day of March, 2017 .

..

Advocate for the Florida Commission on Ethics

Florida Bar No. 578411

Office of the Attorney General, The Capitol, PL-01

Tallahassee, Florida 32399-1050

Telephone: [phone], Ext 3702

Fax: [phone]

[e-mail]

CERTIFICATE OF SERVICE

I

I HEREBY CERTIFY that a true and correct copy of this Response was sent via e-mail

only to Respondent, Jean Robb, c/o her legal counsel J. David Bogenschutz, Esquire, Law

Offices of Bogenschutz, Dutko & Kroll, P.A., 600 South Andrews Avenue, Suite 500, Fort

Lauderdale, Florida 33301-2847; [e-mail]; and Karen K. Laythe,

[e-mail], on this j.lj fu day of March, 2017.

a .lffiJhn)

Elizabe A:'MiUer

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Jean Robb,

DOAH Case No. 17-1560EC

Respondent. ComplaintNo. 14-193

ADVOCATE'S MOTION TO CANCEL HEARING. RELINQUISH

JURISDICTION. AND CLOSE FILE

COMES NOW, the Advocate for the Commission on Ethics and pursuant to Section

120.57(1)(i), Florida Statutes, and Rule 28-106.204, Florida Administrative Code, hereby files

this Motion to Relinquish Jurisdiction and Close File and states:

1. On March 16,2017, the Honorable Cathy M. Sellers, Administrative Law Judge,

issued an Initial Order in this matter.

2. The hearing is scheduled for May 10 and 11, 2017 at the Department of

Management Services, Robert Hayes Gore Building, Room 104-B, 201 West Broward

Boulevard, Fort Lauderdale, Florida.

3. J. David Bogenschutz, Esquire, Bogenschutz Dutko & Kroll P.A., (954-764-2500)

represents Respondent Jean Robb.

4. The parties have been in negotiations to resolve this case for the past few months.

Mr. Bogenschutz has authorized the Advocate to infonn the Court that Mrs. Robb has agreed to

enter into a Joint Stipulation of Fact, Law, and Recommended Order which will be presented to

the Commission on Ethics for approval. The Joint Stipulation will be signed by Mrs. Robb and

returned to the Advocate before the beginning of next week.

5. Further, the parties have agreed that their entry into the settlement agreement

would be in lieu of fwther hearings in this cause.

6. Due to reaching an amicable settlement in this cause, the patties wish to cancel

the hearing in this matter.

1. Mr. Bogenschutz has not read this Motion; however, the parties have discussed its

contents and Mr. Bogenschutz concurs with the representations made by the Advocate.

8. The parties sincerely appreciate the Honorable ALJ's patience in this matter due

to the difficult circumstances surrounding Mrs. Robb's health, which have been disclosed to the

Court.

WHEREFORE, the Advocate respectfully requests that its motion be granted and moves

the Honorable Administrative Law Judge to cancel the upcoming hearing and issue an order

relinquishing jurisdiction to the Commission on Ethics for rendition of a final order.

RESPECTFULLY SUBMITTED this Q i day of May, 2017.

THA.MILLER

Advocate for the Florida

Commission on Ethics

Florida Bar No. 578411 ·

Office of the Attorney General

The Capitol, PL-0 I

Tallahassee, Florida 32399-1050

[phone], Ext. 3702

[e-mail]

CERTIFICATE OF SERVICE

I HEREBY CERTIFIY that the undersigned served a true and accurate copy of this

motion on Jean Robb, Respondent, c/o J. David Bogenschutz, Esquire, Bogenschutz, Dutko and

Kroll, P.A., 600 South Andrews Avenue, Suite 500, Fort Lauderdale,Jltda 33301-2802, viae­

mail only to: [e-mail] and [e-mail] on this l day of May, 2017.

,

,.

'.\

; ;

LAW OFFICES OF

BOGENSCHUTZ, DUTKO & Kl UNITED we STAND

600 SOUTH ANDREWS AVENUE. SUITE

FORT LAUDERDALE. FLORIDA .3330

ELIZABETH A MILLER

ASSISTANT ATTORNEY GENERAL t

CHIEF ADVOCATE, COMMISSION ON EjHICS

OFFICE OF THE ATTORNEY GENERAL .,

THE CAPITOL, PL-0·1 "'

TALLAHASSEE FL 32399-1050

.,;

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m

Honorable Jean M. Robb Page 1 of20

Honorable Jean M. Robb

02-08-1932 - 06-19-2017

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Obituary

Please join the family by taking a moment to see the

video put together at the bottom of obit.

Monday, Jean June M 19, Robb, 2017, fanner following mayor a of brief, Deerfield but fierce, Beach, battle Florida with and cancer. 59-year resident, passed into eternity on

Buonanno. Jean was She born attended in Pl'liladelphla, West Philadelphia Pennsylvania Catholic on Gins' February High 8, School 1932 at to age the late 16 and Ralph earned and Marie her Bachelor's (Pellitta)

taught Degree high in English school from English West in Chesler Coatesville, State Ridley Teachers Township, College. Pennsylvania, Upon completion and also of her pursued Bachelor's graduate Degree, studies Jean at

Villanova University.

Medicine, After Jean her late and husband, Leo moved Dr. to Leo Deerfield Joseph Beach Robb, to Jr. establish graduated a medical from Philadelphia practice. Jean College men of aged Osteopathic the practice,

Planning raised their and six Zoning children Board. and became and also involved served as in local campaign politics. manager She was for the appointed late Mayor to the George Deerfield Schott. Beach In 1980,

boldly Jean wes decided elected to run mayor for mayor of Deerfield again Beach, and won an another office she four-year held from term. 1980-1993. In 2013, at the age of 81, she

worked As tirelessly Mayor, Jean with the was City passionate employees, about the expanding Broward County aconomfc Commission, and cultural Florida opporlunities State officials, In the City. and City She

the Residents, establishment at all levels, in Deerfield to shape of the the North future Regional of Deerfield Broward Beach. County Her collaborative Courthouse, work the Sun in the Sentinel, community Toyota led to

Center. Southeast In Headquarters, recognition for Publix her half SOutheast century of Regional work for Distribution her community, Cemer, Jean and was the named development e Broward of tha County N awport

Pioneer in 2013.

construct Jean Quiet also Waters spearheaded Elementary efforts school to obtain {the funding first new with public the elementary City, County, school and State in 26 governments years) and the to help

Gymnasium West Indies workers in Westside as they Park harvested (named after crops her and lata city husband, ra&idents). the only doctor in the city then, who treated British

Center, Jean and also the Habitat helped to for establish Humanity the program first Alzheimer's in Deerfield Dey Beach. Care in She Broward organized County, the Cultural the Northeast Committee Focal for Point the

Arts Festival and concerts and convinced City officials to purchase the first Show Mobile.

having Jean's members legacy of the is perhaps Seminole best Tribe exemplified of Florida In build her tireless the thatched work huts to protect along and the improve beech walkway the beach, j;lnd including her

visitors. husband, Leo. drew &ketches of the boardwalks that she helped to make a memorable reality for residents and

Deerfield Jean Beach was a Historical member Society of the Deerfield and the Deerfield Beach Friends Woman's of the Club. Library. She was else a Hfetime member of !he

plaque A hanging life-long in fan the of Notre the University DClme footbCllllocker of Notre Dame room football proclaiming program, 'Play Jean Like proudly a Champion' displayed that a replica each Notre of the

Dame player touches before running out on lhe gridiron. It became Jean's personal credo as well.

(Patrick) Jean Robb is survived Glennon, by Michael her six (Susan) children: Robb Judith and Robb Barbara Bullock, Robb. Leo (Nan) Joseph Robb Ill, loretta Robb,

http://www.kalismcintee.com/print/3406

Honorable Jean M. Robb Page 2 of20

Kerry, In Katherine, addition to Mary, her slx Megan, children, Madeline, Jean Is Emily sutvived and Michaal by eleven Jr. grandchildren: Saige, Richard, Caitlin, Mia,

(Davld) Jean of Cape is also May survived Courthouse, by her New two sisters, Jersey. Marie She was Ferrante preceded of 01'111Qnd In death Beach, by her Florida, husband, and Dr. Barbara Leo Joseph Scheer

granddaughter Robb, Jr., sisters Hannah Marge Robb Squadrito, who all Eleanor welcome Gallagher, her with brother open arms Norman Into eternity. Buonanno, and her beloved

A 380 Mass S. Federal of Christian Hlghwey, Burial Deerfield wiD be held Beach, on S!I!Urday, FL 33441. June Following 24, 2017 the a! Mass, 9:00a.m. a reception et Sl Ambrose will be held Catholic in the Church Parish at

Hall. Burial wl11 be held In private.

In lieu of flowers, memorial donallons may be made to the Deerfield Packer Rattlers (OPR) Youth

Enrichment, Pari

at 1531 St. W. Ambrose PalmeHo Catholic Perk Road, School, Boca 380 Raton, s. Federal FL 33485. HighwaY, Deerfield Beach, FL. 33441; and Trustbridge Hospice,

Online condolences may be sent to the family at KalisMctntee.com

s of Christian Burial

1, June 24, 2017 at 9:00am

·, '058 Deerfield C8tholiC Beach, Church: FL 380 33441 S. Federal

bttp:l/www.kalismcintee.com/print/3406 7/6/2017

I ·; I

'·

BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETillCS

In re: Jean Robb,

Respondent. Complaint No. 14-193

JOINT STIPULATION OF FACT, LAW, AND RECOMMENDED ORDER

Respondent, Jean Robb, and the Advocate for the Florida Commission on Ethics enter

into this Joint Stipulation of Fact, Law, and Recommended Order with respect to the above-

styled Complaint. Subject to acceptance by the Commission on Ethics, the parties agree that

they enter into this stipulated settlement in lieu of further hearings in this cause. The parties

stipulate as follows:

STIPULATED FINDINGS OF FACT

1. Respondent served as Mayor of the City of Deerfield Beach, during all relevant

times, and therefore was subject to the provisions of the Code of Ethics for Public Officers and

Employees, Part III, Chapter 112, Florida Statutes.

2. On November 12, 2014, a sworn Complaint was filed with the Commission on

Ethics alleging that Respondent violated the Code of Ethics.

3 Pursuant to Section 112.322, Florida Statutes, the Executive Director of the

Commission on Ethics found that the Complaint was legally sufficient and ordered a preliminary

investigation of the Complaint for a probable cause determination of whether Respondent had

violated the Code of Ethics. The Report of Investigation was released on November 24, 2015.

4. On March 9, 2016, the Commission on Ethics found probable cause to believe

Respondent had violated Sections 112.313(2), 112.313( 4), and 112.313(6), Florida Statutes.

The allegations are:

I. Respondent violated Section 112.313(2), Florida Statutes, by accepting donations

for Respondents chosen charities in exchange for her directing the City's Code

Enforcement Division not to pursue enforcement proceedings against the donor.

II. Respondent violated Section 112.313(4), Florida Statutes, by accepting

contributions for charities/organizations of Respondent's choice which were given

to influence Respondent to act in her official capacity.

m. Respondent violated Section 112.313(6), Florida Statutes, by directing the City's

Code Enforcement Division not to pursue enforcement proceedings against an

individual who had contributed to charitable organizations of Respondents

choice.

IV. Respondent violated Section 112.313(6), Florida Statutes, by directing City staff

to issue a parking sticker normally reserved for City employees and officials to an

area pastor, who was not a City official, staff member, or volunteer.

V. Respondent violated Section 112.313(6), Florida Statutes, by arranging a street

sweeper to service the parking lot of an area church.

5. Respondent admits the facts as set forth in the Report of Investigation concerning

Allegations I, II, m, IV, and V, as incorporated by reference in this Joint Stipulation, for the

purposes of this agreement.

STIPULATED CONCLUSIONS OF LAW

6. Respondent was subject to the provisions of Part III, Chapter 112, Florida

Statutes, the Code ofEthics for Public Officers and Employees during all relevant times.

7. The Commission on Ethics bas jurisdiction over the Complaint as filed in this

proceeding and over Respondent.

8. Respondent admits all of the allegations as set forth in paragraph four (4) ofthe

Stipulated Findings of Fact, above.

9. Respondent violated 112.313(2), Florida Statutes, by accepting donations for

Respondent's chosen charities in exchange for Respondent directing the City's Code Enforcement

Division not to pursue code enforcement proceedings against the donor.

10. Respondent violated Section 112.313(4), Florida Statutes, by accepting

contributions for charities/organizations of Respondent's choice which were given to influence

Respondent to act in her official capacity.

11. Respondent violated Section 112.313(6), Florida Statutes, by directing the Cit;ys

Code Enforcement Division not to pursue enforcement proceedings against an individual who

had contributed to charitable organizations of Respondent's choice.

12. Respondent violated Section 112.313{6), Florida Statutes, by directing City staff

to issue a parking sticker nonnally reserved for City employees and officials to an area pastor,

who was not a City official, staff member, or volunteer.

13. Respondent violated Section 112.313{6). Florida Statutes, by arranging a street

sweeper to service the parking lot of an area church.

14. Respondent enters into this Stipulation with the understanding of the seriousness

of the allegations and gives her assurance that this proceeding has affected the manner in which

she may further conduct herself as a public official in a positive way.

STIPULATED RECOMMENDED ORDER

15. The Advocate accepts Respondent's admission in this proceeding.

16. The Advocate and Respondent have entered into this Joint Stipulation and urge

the Commission on Ethics to approve it in lieu of further hearings in this cause.

17. Therefore, the parties request and the Advocate recommends that:

(a) The Commission on Ethics approve this Joint Stipulation, embodying the

stipulations, admissions, and recommendations of the parties;

(b) The Commission on Ethics enter a Final Order and Public Report finding

that Respondent violated Sections 112.313(2), 112.313(4), and 112.313(6), Florida Statutes, and

recommending:

(1) Public censure and reprimand of Respondent; and

(2) A civil penalty of$1,000.

FURTHER STIPULATIONS

18. Respondent and the Advocate stipulate and covenant that they have freely and

voluntarily entered into this Joint Stipulation of Fact, Law, and Recommended Order with full

knowledge and lmderstanding of its contents. Respondent and the Advocate further stipulate and

covenant that this Joint Stipulation constitutes the full agreement of the parties and that there are

no oral or written understandings between the parties other than those contained in this

Stipulation ofFact, Law, and Recommended Order.

19. Respondent and the Advocate stipulate and covenant that, in consideration of the

provisions of this Joint Stipulation of Fact, Law, and Recommended Order, they accept and will

comply with the above-referenced Final Order and Public Report of the Commission on Ethics.

20. Respondent and the Advocate stipulate that this Joint Stipulation of Fact, Law,

and Recommended Order is submitted to the Commission on Ethics for its consideration and

ratification. In the event that it is not approved by the Commission on Ethics as written, this

document shall be of no purpose and effect and shall not be deemed an admission by

Respondent.

21. Effective upon approval of this Joint Stipulation of Fact, Law, and Recommended

Order by the Commission on Ethics, Respondent waives all time, notice, hearing rights,

requh-ements, and entitlements, as to all subsequent hearings in this proceeding.

dated and entered into this_ day of _____ ___, 2017.

Signed, dated and entered into: dated and entered into:

t'

this of , 2017. this S dayof .2017 •

.

J J . avid Bogenschutz, Esq.

Advocate for the Florida Florida Bar No. 131174

Commission on Ethics 600 South Andrews Avenue

FloridaBarNo. 578411 Suite 500

Office of the Attorney General Fort Lauderdale, Florida 33301

The Capitol, PL-0 1

Tallahassee, Florida 32399-1050

anRobb

Respondent