STATE or FLORIDA COMEISSIGH 35357517,, COMMISSION ON ETHICS QATE P. o. DRAWER 15709, TALLAHASSEE, FLORIDA 323 17?5709 - ?5 COMPLAINT WW 1. PERSON BRINGING COMPLAINT: Name: Melissa McKinley Telephone Number: 5614526217 Address: 8152 Ocho Rios Lane City: Wellington County: Palm Beach Zip Code: 33414 2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT: Current or former public of?cer, public employee, candidate, or lobbyist .. please use one complaint form for each person you wish to complain against: Name: Michael McAull?e Telephone Number: 5613557100 Address- 401 North Dixie Highway a City: West Palm Beach Palm Beach Zip Code: 33401 County: State Attorney, 15th Judicial Circuit Title of of?ce or position held or sought: 3. STATEMENT OF FACTS: Please explain your complaint fully, either on the reverse side of this form or on additional sheets, providing a detailed description of the facts and the actions of the person named above. Include relevant dates and the names and addresses of persons whom you believe may be witnesses. If you believe that a particular provision of Article II, Section 8, Florida Constitution (the Sunshine Amendment) or of Part 111, Chapter 112, Florida Statutes (the Code of Ethics for Public Of?cers and Employees) has been violated, please state the specific section(s). Please do not attach copies of documents; if they are relevant, your description of them suffice. Also, please do not submit video tapes or audio tapes. 4. OATH STATE OF FLORI A COUNTY OF 0 ex (ick? Palm gaunt/x. Sworn to (or af?rmed) and subscribed before me I, the person bringing this complaint, do this 123?" day of Felgm depose on oath or affirmation and say that 20 by as (2mm; the facts set forth in the foregoing compiaint (name of person making statement) and attachments thereto are true and correct Caglm( Maui" to the best of my knowledge and belief. (Signatr?e of Notary Public State of Florida) Claws H. eta/amt (Print, Type, or Stamp Commissioned Name of Notary Public) . i i Personall Known .31.: is d' i i Wiune 03::thme Type . Militia: IGNA FORM 4/2003 it; 3, EXPERES: M15, 2312 Jurisdiction of the Commission: The Commission on Ethics has the authority to review and investigate complaints concerning possible breaches of the public trust (violations of the State's ethics laws) by public of?cers, public employees, and similar persons involved with state and local government in Florida, including Executive Branch lobbyists. Complaints about the actions of Judges should be brought to the Judicial Quali?cations Commission, and complaints against attorneys in private practice should be made to The Florida Bar. Procedures followed?by the Commission: The Commission follows a three?stage process when it considers complaints. The first stage is a determination of whether the allegations of the complaint are legally sullicient, that is, whether the complaint indicates a possible violation of any law over which the Commission hasjurisdiction. lithe complaint is found not to be legally suf?cient, the Commission will order that the complaint be dismissed without investigation and all records relating to the complaint will become public at that time. lfthe complaint is found to be legally suflicient, the investigative staff of the Commission will begin an investigation. The second stage of the Commission's proceedings involves this investigation ofthe complaint and a decision by the Commission of whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the Commission ?nds that there is no probable cause to believe that there has been a violation of the ethics laws, the complaint will be dismissed and will become public at that time. lfthe Commission ?nds that there is probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and enters the third stage ofproceedings. The third stage requires that the Commission decide whether the law actually was violated and, if so, what penalty should be recommended. This stage requires a public hearing (trial) at which evidence would be presented. Attorney/ls Fees: lFthe complaint is dismissed, the person against whom the complaint is filed can file a petition to have the complainant pay his or her attorney's fees, which will be awarded after a hearing it? the Commission finds that the complaint was made with a malicious intent to injure the olticial's reputation, the complainant knew that the statements made about the oliicial were false or made the statements about the oilicial with reckless disregard for the truth, and the statements were material. Confidentiality: The Commission cannot accept anonymous complaints and cannot lteep the identity of the complainant or any witness con?dential. A complaint, as well as all of the Commission?s proceedings and records relating to the complaint, is confidential and exempt from the public records law either until the person against whom the complaint is made waives confidentiality, or until the complaint reaches a stage in the Commission's proceedings where it becomes public. The Commission's procedures on confidentiality do not govern the actions of the complainant or the person against whom the complaint is made. Legal Counsel: Both the complainant and the person complained against can be represented by legal counsel during the Conunission?s proceedings. Other Information: More information about the ethics laws and the Commission?s responsrbilities is available at the Commission?s website, which contains publications, rules, and other information. On January 26, 2011, i was confronted by the State Attorney from the 15th Judicial Circuit, Michael McAuliffe, following the Paim Beach County League of Cities meeting in Jupiter, Florida. Mr. McAuliffe followed me out of the meeting and approached me in the parking lot as I was entering my vehicle. After he stopped me and initiated a casual conversation about pending legislation before the State Legislature, he then told me that I had better be careful about who I Spent time with and who i listened to regarding issues that concerned him, his office, his policies, his staff and the decisions he made. He then asked me if I was clear on what he was saying. In addition, he said I had better be careful about who i discussed the above mentioned items with as well. This entire conversation took place in the presence of my supervisor, Rachael Ondrus. She was disturbed by the conversation. Mr. McAuliffe was intimidating and threatening. His decision to hold this conversation in front of my supervisor was inappropriate. It was an abusive use of his office. Please feel free to contact me if you have further questions. Ms. Rachael Ondrus can be reached at 561.355.2406 if you would like to speak with her, too. Thank you. Rachael Dnaju?? . 301 N. We: 5+ l?ililip Claypoot Roy Rogers Executive Director Chair Robert J. Snifl?en lice Chair Morgan R. Bentley \"iriindia Doss Deputy Executive Cheryl Forehilii State of Florida Director 1. Martin Ford COMMISSION ON ETHECS Jean M. Larsen P.O. Drawer 15709 (350) 4833864 i?hone Susan Horovitz Maurei' Tallahassee, FL 32317?5709 (850) 48845077 (FAX) 3600 Maelay Blvd, South, Suite 203 Tallahassee, FL 32312 March l5, 201 Ms. Melissa McKinlay 8152 Ocho Rios Lane Wellington, FL 34414 RE: Complaint No 1 HBO. in re Michael McAuliffe Dear Ms. McKinlay: I am reviewing the complaint you filed against State Attorney Michael MeAuliffe to determine which aSpeets of the complaint are legally sufficient for investigation. i am writing to you to see ifyou have any more infonnation regarding this situation that might provide as with a basis to investigate the complaint, Enclosed is a complaint form to use in order to amend your complaint. Your complaint alleges that Mr. McAuliffe warned you to be careful about who you spoke to or listened to regarding him and his office. it is not clear to me what the context ofthis conversation was, or what lead up to it. lfyou can elaborate more it would be helpful. The only possible standard ofconduct that it appears could have been violated by Mr. McAuliffe is the following one that prohibits a public official from corruptly misusing his of?cial position: MISUSE OF PUBLIC 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 con?ict with 5. W431. [Section I 1238(6), Florida Statutes] In order to Violate this standard, the public official must have acted to secure a special privilege. benefit, or exemption for himself or others, and he must have acted "corruptly," a term which the Legislature defined as follows: Melissa McKinlay March l5, 201 Page 2 'Corruptly' means done with a wrongful intent and for the purpose of obtaining. or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties. [Section 1123:1209). Florida Statutes] Can you explain what "special privilege, bene?t, or exemption" Mr. MeAuliffe or any other person or entity might have received as a result ofhis threats? Unless a complaint indicates that the public of?cial acted to secure a special privilege, benefit, or exemption for himselfor another, and that he did so corroptly (that is, with wrongful intent and for the purpose of obtaining that benefit), the Ethics Commission will not investigate the complaint. Please use the enclosed complaint form in responding. as your response will be treated as an amendment to the original complaint. Sincerely, Virlindia Doss Deputy Executive Director Enclosure: Complaint Form owe FELEQ BEFORE THE his? l8 E??ll STATE OF FLORIDA COMMISSION ON ETHICS eomeissloe es ear-see In re MICHAEL . Complaint No. 11-030 Responoent. PUBLIC REPORT AND ORDER DISMISSING COMPLAINT On Friday, May 13, 2013, the Commission on Ethics met in executive session anti eoesidered this complaint for legal suf?ciency pursuant to Commission Role 34?3002, RAG. The Commission's review was limited to questions of?nrisdietioo of the Commission and of the adequacy of the details of the complaint to allege a Violation of the Code of Ethics for Fable:? Of?cers and Employees. No factuel- investigation preceded the review, and therefore the Commission?s conclusions do not re?ect on the accuracy of the allegations of the complaint. The Commission voted to clismiss the complaint for legal insof?eieney, based on the following analysis: 1. This complaint was ?led by Melissa McKinley ofWellingtoo, Florida. 2. The Respondent, Michael MoAulit?fe, allegedly serves as State Attomey for the 13th Judicial Circuit. 3. The complaint alleges that the Respondent and the Complainant had a casual conversation about peneiing legislation in a parking lot, following a League of Cities meeting. The Complainant alleges that in the course of or following the conversation, the Respondent told he? she had ?better be careful" about Whom she spent time with and listened to about issues that cencemed the Respondent, leis of?ce, his polices, his staff and his decisions. 4. The allegations implicate Section 112.3 l3{6}, Florida Statutes, which states: No public of?cer, employee of an agency, or local government attorney shell con?uptly use or attempt to use his or leer of?cial position or any property or resource which may be within his or he}: trust, or perform his or her of?cial duties, to secure a special privilege, bene?t, or. exemption for himself, herself, or others. Pursuant to Section 112.3126), Florida Statutes, ?coerced?" is de?ned as done with a intent and for the purpose of obtaining, or compensating or receiving compensation for, any bene?t resulting from some act or omission of a public sextant which is inconsistent with, the probe}: performance of his or her public duties, 5. Section 11231305) prohibits the comipt use of one?s position for personal gain, or to bene?t another. Nothing in the complaint indicates any use of position or resources by the Respondent, and even if some sort of threatened use of position could be implied from the conversation, there is no indication in the complaint of any bene?t to the Respondent. The Compl??naot did not respond to o. request for additional information. Consequently, the allegation is legally insuf?cient to state a Violation of Section Florida Statutes. Accordingly, this complaint is hereby dismissed for failure to constitute a legally suf?cient complaint with the issuance of this public report. GRDERED by the Sta??a sf Florida Cemmission on Ethics meeting in executive sassien :31: May 13, 2011. cc: M1: Michael McAuliffe, Respondent Ms. Melissa McKiI?ay, Camplainant RRfvad mm we? MM bate Ralfdei?sd Roy Rogersa? Chair, Fiorz?t?z?a Camz?zissfozz 022 Ethics