34-5.004. Investigations

(1) Commencement of Investigations. Investigations shall be initiated only as provided above in Rule 34-5.002, F.A.C., provided that information from public records may be obtained by staff prior to the ordering of an investigation to aid in the just and efficient resolution of a complaint.

(2) Investigators. Investigation shall be conducted by Commission staff, by personnel of the Department of Legal Affairs, or by any other person or agency so designated by the Commission.

(3) Scope of Investigation. Investigations shall be limited to the allegations of the complaint, but shall include an investigation of all facts and persons materially related to the complaint at issue.

(4) Evidence of Wrongful Acts Unrelated to the Complaint. If during the course of an investigation evidence of a wrongful act not materially related to the complaint at issue is discovered by the investigator, such evidence shall be reported to the Commission in a separate investigator’s report. The wrongful act shall not be further investigated by the investigator in the absence of a complaint with respect thereto. Upon receipt of a separate investigator's report containing evidence of a wrongful act not materially related to the complaint at issue, the Commission shall: (a) as soon as practicable forward evidence of the commission of a crime to the appropriate law enforcement official; and (b) forward evidence of the commission of any other wrongful act to the appropriate disciplinary or law enforcement official as soon as practicable following the completion of the preliminary investigation. If upon independent investigation the appropriate disciplinary official wishes to file a complaint with the Commission he or she may do so and said complaint shall be received and considered by the Commission in the same manner as any other complaint.

(5) Investigator Contacts with Potential Witnesses. The investigator shall inform the person being interviewed of the confidential nature of the investigation and of the complaint, unless the respondent has waived confidentiality.

(6) Investigator to be Impartial. An investigator shall be impartial and unbiased in the conduct of the preliminary investigation. An investigator shall collect all evidence materially related to the allegations of the complaint, whether such evidence tends to prove or disprove the allegations. If the Commission determines that a public hearing shall be held, however, the investigator is responsible for assisting the Advocate in the proof of the allegations brought against the respondent. If an investigator feels that for any reason he or she cannot be impartial or unbiased during the preliminary investigation then such investigator shall so notify the Executive Director of the Ethics Commission and shall immediately discontinue working in the investigation. If the Commission feels that the investigator cannot be unbiased or impartial at any point of time during the preliminary investigation, the Commission shall terminate any further investigation by the investigator.

(7) Investigator’s Report. Upon the completion of the preliminary investigation, the investigator shall prepare a report to the Commission. The report shall contain a narrative account of all pertinent information obtained through interviews of witnesses, documentary evidence, or other sources and shall include a discussion of any conflicts in the evidence. The report shall not contain any determination or speculation with respect to whether the evidence indicates a breach of public trust. The report shall make no recommendations. A separate report shall be prepared in accordance with subsection (4), above, if necessary.

(8) Investigatory File. The investigator shall prepare an investigatory file to be maintained in the office of the Commission on Ethics, which file shall contain:

(a) Copies of all documents obtained during the course of the investigation;

(b) Tape recordings of interviews with witnesses and, if no recording is made, a summary of the interview;

(c) A list of the names and addresses of all persons actually interviewed;

(d) Any other relevant documents; and

(e) The investigator’s report(s) to the Commission.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History–New 4-7-77, Amended 9-21-77, 7-13-80, 1-12-82, Formerly 34-5.04, Amended 2-19-91.