STATE OF FLORIDA
COMMISSION ON ETHICS
In re JOHN DANIEL FAUGHN, )
Respondent. ) Complaint No. 90-88
) Final Order No. COE______
FINAL ORDER AND PUBLIC REPORT
This matter came before the Commission on Ethics on the Recommended Order rendered in this matter on June 12, 1992 by the Division of Administrative Hearings (a copy of which is attached and incorporated by reference). The Hearing Officer recommends that the Commission find that the Respondent violated Section 112.313(6), Florida Statutes, and that the Respondent be suspended without pay for one month and demoted to a position in which he will not have direct or indirect responsibility for public funds, or, in the alternative, that the Respondent be suspended without pay for two months. The Respondent filed exceptions. An oral request for a continuance of final consideration by the Commission of this matter made by the Respondent's attorney at the duly-noticed final consideration of this matter was denied, the Respondent having been granted two previous continuances by the Commission and the Respondent not demonstrating that he was entitled to a third continuance.
Having reviewed the Recommended Order, the Respondent's exceptions, and the record (a transcript of the public hearing in this matter not having been filed with or placed before the Commission) of the public hearing of this complaint, and having heard the arguments of counsel for the Respondent and the Commission's Advocate, the Commission makes the following findings, conclusions, rulings and recommendations:
The Respondent's exceptions, regardless of whether they are designated by the Respondent as addressing findings of fact or conclusions of law by the Hearing Officer, involve evidential/factual matters, and, therefore, the Commission cannot reject or modify any factual findings of the Hearing Officer, regardless of whether or not the same were designated by the Hearing Officer or the Respondent as findings of fact or conclusions of law, without a review of the complete record. A review of the complete record by the Commission in this matter was not possible because a transcript of the public hearing, a part of the record, was not filed with or placed before the Commission. See Section 120.57(1)(b)10, Florida Statutes. Further, it is the responsibility of the Respondent to place the full record, including the transcript of the public hearing, before the Commission. See Florida Department of Corrections v. Bradley, 510 So. 2d 1122 (Fla. 1st DCA 1987), and North Dade Security Ltd. Corporation v. Department of State, Division of Licensing, 530 So. 2d 1040 (Fla. 1st DCA 1988). Therefore, all of the Respondent's exceptions are rejected. In addition, to the extent, if any, that any of the Respondent's exceptions actually address conclusions of law of the Hearing Officer, the same are rejected, and the conclusions of law of the Hearing Officer are found to be correct and proper under the relevant provisions of law.
FINDINGS OF FACT
The Findings of Fact set forth in the Recommended Order are approved, adopted, and incorporated herein by reference.
CONCLUSIONS OF LAW
1. The Conclusions of Law set forth in the Recommended Order are approved, adopted, and incorporated herein by reference.
2. Accordingly, the Commission on Ethics finds that the Respondent, John Daniel Faughn, as an employee of the Florida Department of Labor and Employment Security, violated Section 112.313(6), Florida Statutes, as described herein.
In consideration of the foregoing and in consideration of the Respondent's attorney's representation to the Commission at its final hearing of this matter that the Respondent currently holds a position of public employment where he does not have direct or indirect responsibility for public funds, the Commission on Ethics recommends, pursuant to Sections 112.317 and 112.324, Florida Statutes, that the Secretary of the Department of Labor and Employment Security suspend the Respondent, John Daniel Faughn, from his public employment, without pay, for a period of two months.
ORDERED by the State of Florida Commission on Ethics meeting in public session on Thursday, December 3, 1992.
Stephen N. Zack
YOU ARE NOTIFIED THAT YOU ARE ENTITLED, PURSUANT TO SECTION 120.68, FLORIDA STATUTES, TO JUDICIAL REVIEW OF AN ORDER WHICH ADVERSELY AFFECTS YOU. REVIEW PROCEEDINGS ARE COMMENCED BY FILING A NOTICE OF ADMINISTRATIVE APPEAL WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, AND ARE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OF APPELLATE PROCEDURE. THE NOTICE OF ADMINISTRATIVE APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
cc: Mr. Ronald L. Jones, Attorney for Respondent
Ms. Virlindia Doss, Commission Advocate
Mr. Edward A. Dion, Complainant
Division of Administrative Hearings