19-003239EC In Re: Dennis Mcdonald vs. * Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 10, 2019.

DAT-E FILED

BEFORE THE

STATE OF FLORIDA OCT 3 0 2019

COMMISSION ON ETHICS

COMMISSION ON ETHICS

In re DENNIS MCDONALD, )

) Complaint No. 16-062

Respondent. )

Final Order No. 19-116

FINAL ORDER AND PUBLIC REPORT

This matter came before the State of Florida Commission on Ethics ("Commission"),

meeting in public session on October 25, 2019, pursuant to the Advocate's Motion to Schedule

Matter, Adopt ALI's Findings, Recommend Penalty, and Render Final Order (Motion). 1 The

Respondent (Dennis McDonald) was provided written notice of the date, time, and place of the

Commission's consideration of this matter referenced above, and the notice apprised him of his

ability to respond in writing to the Motion and to be heard before the Commission on the matter

at the Commission's October 25, 2019, meeting.

Background

By order rendered December 12, 2018, the Commission on Ethics found probable cause to

believe that the Respondent violated Article II, Section 8, Florida Constitution, and Section

112.3144, Florida Statutes, by failing to make required disclosures as to assets and primary

sources of income on his 2011 CE Form 6, "Full and Public Disclosure of Financial Interests";

and found probable cause that the Respondent violated the aforesaid provisions by failing to make

required disclosures as to assets and primary sources of income on his 2013 CE Form 6s, "Full

and Public Disclosure of Financial Interests." Thereafter, the matter was sent to the Division of

Administrative Hearings (DOAH) for a hearing before an Administrative Law Judge (ALJ); but

the matter was relinquished back to the Commission for consideration of a proposed settlement

stipulation of the matter jointly offered by the Advocate and the Respondent. At its June 7, 2019,

1 Due to the posture of this matter and its history at DOAH, there is no "Recommended Order"

before the Commission.

public meeting, the Commission rejected the proposed stipulation; and the matter was transmitted

again to DOAH for hearing. In the ensuing DOAH proceeding, the Respondent was unresponsive

to discovery efforts of the Advocate, resulting in the Advocate's moving the ALJ to compel the

Respondent to respond to her discovery requests or, in the alternative, to deem matters admitted.

By his order dated August 7, 2019, the ALJ granted the Advocate's motion, and the ALJ issued

additional related orders, the net effect of which is the return of this matter to the Commission on

Ethics for entry of a final order.

Having reviewed the record materials provided to it, having heard the arguments, if any,

of the Respondent and the Advocate, and having been fully advised, the Commission makes the

following findings, conclusions, and disposition:

Findings ofFact

The Commission on Ethics accepts and incorporates into this Final Order and Public Report

the facts as deemed admitted and shown via the proceedings, filings, and orders from the

DOAH/ ALJ proceedings (most particularly, the facts contained in paragraph 9 of the Motion to

Schedule Matter, Adopt ALJ's Findings, Recommend Penalty, and Render Final Order, filed at

DOAH by the Advocate), which show that the Respondent, as a candidate for the Flagler County

Commission or a candidate for the Florida Senate, violated Article II, Section 8, Florida

Constitution, and Section 112.3144, Florida Statutes, by failing to file accurate 2011 and 2013 CE

Form 6s, "Full and Public Disclosure of Financial Interests."

Conclusions of Law

The Commission on Ethics accepts and incorporates into this Final Order and Public Report

the conclusions of law deemed admitted and shown via the proceedings, filings, and orders from

the DOAH/ALJ proceedings. Further, the Commission concludes that failure to file accurate 2011

and 2013 CE Form 6s violates Article II, Section 8, Florida Constitution, and Section 112.3144,

Florida Statutes.

Disposition and Recommended Penalty

Accordingly, having accepted jurisdiction back from the ALJ, having considered the issues

and conducted the proceeding as aforesaid, and having accepted the deemed admitted facts and

made the legal conclusions as set forth above, the Commission on Ethics finds that the Respondent,

as a candidate for the Flagler County Commission and a Candidate for the Florida Senate, violated

Article II, Section 8, Florida Constitution, and Section 112.3144, Florida Statutes, by filing

inaccurate 2011 and 2013 CE Form 6s, "Full and Public Disclosure of Financial Interests," and

recommends that the Governor publicly censure and reprimand the Respondent and impose a civil

penalty upon him in the total amount of$4,000 ($2,000 for 2011 and $2,000 for 2013). 2

ORDERED by the State of Florida Commission on Ethics meeting in public session on

October 25, 2019. 3

Date Rendered

Kimberly B. Rezanka

Chair, Florida Commission on Ethics

THIS ORDER CONSTITUTES FINAL AGENCY ACTION. ANY PARTY

WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO

SEEK JUDICIAL REVIEW UNDER SECTION 120.68, AND SECTION

112.3241, FLORIDA STATUTES, BY FILING A NOTICE OF

ADMINISTRATIVE APPEAL PURSUANT TO RULE 9.110 FLORIDA RULES

2 In considering this matter on October 25, 2019, the Commission did not accept the Advocate's

recommendation of a $10,000 total civil penalty; rather, it recommends a total civil penalty of

$4,000, and public censure and reprimand.

3 In addition, pursuant to the motion of the Advocate made at DOAH regarding her attorney's fees

and costs incurred in seeking to compel the Respondent to respond to discovery requests and her

filings in support thereof, together with the Respondent's lack of a timely response to the ALJ's

orders regarding the same, the Commission hereby finds, concludes, and determines that the

Respondent, Dennis McDonald, is liable for attorney fees and costs incurred by the Advocate in

the amount of $234.

OF APPELLATE PROCEDURE, WITH THE CLERK OF THE COMMISSION

ON ETHICS, AT EITHER 325 JOHN KNOX ROAD, BUILDING E, SUITE 200,

TALLAHASSEE, FLORIDA 32303 OR P.O. DRAWER 15709,

TALLAHASSEE, FLORIDA 32317-5709; AND BY FILING A COPY OF THE

NOTICE OF APPEAL ATTACHED TO WHICH IS A CONFORMED COPY OF

THE ORDER DESIGNATED IN THE NOTICE OF APPEAL ACCOMPANIED

BY THE APPLICABLE FILING FEES WITH THE APPROPRIATE DISTRICT

COURT OF APPEAL. THE NOTICE OF ADMINISTRATIVE APPEAL MUST

BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS RENDERED.

cc: Mr. Dennis McDonald, Respondent

Ms. Elizabeth A. Miller, Commission Advocate

Mr. Mark Herron, Attorney for Debra Meeker (surviving spouse of Complainant)

The Honorable Lawrence P. Stevenson, Division of Administrative Hearings