IN THE BROWARD COUNTY, FLORIDA, CHARTER SECTION ENFORCEMENT HEARINGS FORUM JOHN W. SCOTT, CASE NO. EH I

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1 IN THE BROWARD COUNTY, FLORIDA, CHARTER SECTION ENFORCEMENT HEARINGS FORUM JOHN W. SCOTT, CASE NO. EH I V. Broward County Inspector General, Plaintiff, DAVID McLEAN, Defendant. / COMPLAINT Plaintiff JOHN W. SCOTT, the Inspector General in and for Broward County, Florida, by and through the undersigned Ethics Counsel for the Broward County Office of the Inspector General, files this Complaint against DAVID McLEAN for violations of Section of the Broward County Code of Ordinances ("Ethics Code"), as averred herein. STATEMENT OF JURISDICTION The Broward County Charter Section 12.0 I Enforcement Hearings Forum has jurisdiction over this matter pursuant to Section 12.0 l.c.(2) of the Broward County Charter. FACTS UPON WHICH THE PLAINTIFF IS ENTITLED TO RELI EF I. Plaintiff is the Inspector General for Broward County. 2. At all times material to this Complaint, Defendant was a member of the governing body of a municipality within Broward County, Florida, to-wit: a Commissioner or Vice Mayor for the city of Margate, Broward County, Florida ("the City"). 3. At all times material to this Complaint, "Landlord" owned a shopping center in the City and operated an automotive improvement business within that shopping center. 4. In or around August, 20 II, the Defendant entered into an agreement with Landlord to lease real property within the shopping center referenced in Paragraph 3. ( I )

2 5. On or about August 17, 20 I I, the Defendant established a bar restaurant referred to as "Dave's Tiki Bar" at the location referenced in Paragraph 4. Special Exception Use and Liens 6. On or about January 9, 201 2, in exchange for payment, the Defendant agreed to help Landlord resolve special exception use and lien issues with the City that Land lord had been experiencing. 7. Between on or about January 9, 20 12, and on or about May 16,2012, the Defendant and Landlord discussed and agreed how to act upon, and did act upon, the agreement referenced in Paragraph On or about May 16, 20 12, the City Commission approved a special exception use for Landlord's business. 9. By on or about May 25, 2012, the Defendant owed Landlord approximately $8, in back rent on Dave's Tiki Rar. I0. On or about May 25, 20 12, the Defendant accepted a forgiveness of indebtedness from Landlord fo r back rent on Dave' s Tiki Bar, in the form of an $8, receipt fo r rent that the Defendant had not actually paid. I I. By on or about August 24, 20 12, the Defendant did not give equal or greater consideration to Landlord for the $8, receipt referenced in Paragraph On or about May 25, 20 12, the Defendant accepted $1, in United States currency from Landlord. 13. By on or about August 24, 20 12, the Defendant did not give equal or greater consideration to Landlord for the $1, in United States currency referenced in Paragraph 12. (2)

3 CRA Grant 14. Between late 20 II and on or about January 9, 2012, in exchange for payment, the Defendant agreed to assist Landlord in applying for and obtaining from the City a Community Redevelopment Agency (CRA) matching grant. 15. Between on or about January 9, 2012, and on or about November I, 2012, the Defendant and Landlord discussed and agreed how to act upon, and did act upon, the agreement referenced in Paragraph On or about November I, 2012, the City CRA Commission voted to approve Landlord's CRA "matching" grant application. 17. On or about November 2, 2012, the Defendant accepted $3, in United States currency from Landlord. 18. By on or about February I, 2013, the Defendant did not give equal or greater consideration to Landlord for the $3, in United States currency referenced in Paragraph On or about January 30, 2013, the Defendant accepted $2, in Uni ted States currency from Landlord. 20. By on or about May I, 2013, the Defendant did not give equal or greater consideration to Landlord for the $2, in United States currency from Landlord referenced in Paragraph 19. (3)

4 RELEVANT LAW 21. Ethics Code Section l-19(a), "Statement of Policy," states: " It is the policy of Broward County that the Board ofcounty Commissioners work for the benefit of the citizens ofthe County and elected officials of municipalities work for the benefit of the citizens oftheir respective municipalities. County Commissioners and elected municipal officials shall not receive any personal economic or financial benefit resulting from their service on their local governing bodies beyond legally authorized direct compensation. It is the responsibility of each County Commissioner and elected municipal official to act in a manner that promotes public trust and confidence in government with complete transparency and honesty in their services, and to avoid even the appearance or perception of impropriety." 22. Ethics Code Section l-19(c), "Standards ofconduct," provides: " In addition to the provisions of Florida Statutes Chapter 112, Part III, Code of Ethics for Public Officers and Employees; Florida Statutes Chapters 838 and 839; Title 18, Chapter 63 of the United States Code; and Chapter 26, Article V ofthe Broward County Code of Ordinances, sec et seq., the following Standards of Conduct shall apply to each Elected Official." 23. Ethics Code Section 1-19( c )(I), "Acceptance ofgifts," provides: a. "Elected Officials, their spouses or registered domestic partners, their other relatives, and their County or municipal office staff, shall not accept gifts, directly or indirectly, regardless ofvalue, from lobbyists registered with the governmental entity on whose behalf they (or their spouse, registered domestic partner, or relative) serve, or from any principal or employer ofany such registered lobbyist, or from vendors or contractors of such governmental entity. In order to effectuate this provision, no lobbyist shall engage in any lobbying activity prior to registering as a lobbyist with the applicable governmental entity. b. "Elected Officials may accept gifts from other sources given to them in their official capacity, where not otherwise inconsistent with the provisions of Florida Statutes Chapter 112, Part III, up to a maximum value of $50.00 per occurrence. Gifts given to an Elected Official in his or her official capacity up to $50.00 in value are deemed to be de minimis. c. "The $50.00 limitation does not apply to gifts given to Elected Officials in their personal (non-official) capacity. Such gifts are still subject to the reporting requirements of Florida Statutes section " (4)

5 24. Ethics Code Section 1-19(c)(4), "Honest Services," provides: a. "An Elected Official may not engage in a scheme or artifice to deprive another of the material intangible right of honest services or any activity in contravention of his or her duty to provide loyal service and honest governance for the residents of the governmental entity that he or she serves. b. "This section shall be construed, to the extent possible, in accordance with the standards and intent set forth under 18 U.S.C. s. 1346, as may be amended, and Florida Statutes Chapter 838." 25. Ethics Code Section 1-19(b ), "Definitions," provides in relevant part: (1) '" Elected Official' means any member ofthe Board of County Commissioners and any Municipal Official as defined below.... (9) "'Municipal Official' means any individual serving as a member of the governing body ofa municipality within Broward County or serving as a municipal mayor within Broward County... "All operative words or terms used in this Code not defined herein shall be as defined, in order of priority in the event of inconsistency, by Part III of Florida Statutes Chapter 112, the Broward County Code of Ordinances, and the Broward County Administrative Code. The term ' relative' shall be as defined in Florida Statutes section " 26. Florida Statutes Section (12), "Definitions," provides in relevant part: (a) "'Gift,' for purposes ofethics in government and financial disclosure required by law, means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee's benefit or by any other means, for which equal or greater consideration is not given within 90 days, including: 2. The use of real property. 3. Tangible or intangible personal property. 4. The use of tangible or intangible personal property Forgiveness of an indebtedness..." (5)

6 COUNT ONE 27. On or about May 25, 2012, while a member of the governing body of the city of Margate, Broward County, Florida, DAVID McLEAN accepted a gift ofthe use of real property or the forgiveness ofan indebtedness, ofa value in excess of $50.00, given him in his official capacity, in violation of Ethics Code Section 1-19( c)( I). COUNT TWO 28. On or about May 25, 2012, while a member of the governing body of the city of Margate, Broward County, Florida, DAVID McLEAN accepted a gift of United States currency, of a value in excess of$50.00, given to him in his official capacity, in violation of Ethics Code Section 1-19(c)(1). COUNT THREE 29. On or about November 2, 2012, while a member of the governing body of the city of Margate, Broward County, Florida, DAVID McLEAN accepted a gift of United States currency, of a value in excess of$50.00, given to him in his official capacity, in violation of Ethics Code Section l-19(c)(1). COUNT FOUR 30. On or about January 30, 2013, while a member of the governing body ofthe city of Margate, Broward County, Florida, DAVID McLEAN accepted a gift of United States currency, of a value in excess of $50.00, given to him in his official capacity, in violation of Ethics Code Section 1-19(c)(1). (6)

7 COUNT FIVE 31. Between on or about January 9, 2012, and on or about January 30, 2013, while a member ofthe governing body ofthe city of Margate, Broward County, Florida, DAVID McLEAN engaged in a scheme or artifice to deprive the residents of the city of Margate, Broward County, Florida, ofthe material intangible right of honest services, in violation of Ethics Code Section 1-19(c)(4), OR 32. Between on or about January 9, 2012, and on or about January 30, 2013, while a member ofthe governing body of the city of Margate, Broward County, Florida, DAVID McLEAN engaged in activity in contravention ofhis duty to provide loyal service and honest governance for Margate' s residents, in violation of Ethics Code Section 1-19( c)(4). DEMAND FOR JUDGMENT FOR RELIEF WHEREFORE Plaintiffdemands judgment against Defendant DAVID McLEAN in the amount of$37, (for five fines in the amount of$5, each plus disgorgement of $12,000.00) for violation of four counts of Ethics Code Section 1-19( c)( I) and one count of Ethics Code Section 1-19( c)( 4 ). Respectfully submitted, by ~'~ caroiibfeece Florida Bar Number Ethics Counsel Broward Office ofthe Inspector General I N. University Drive, Suite 111 Plantation, Florida (954) (954) (direct) (954) (fax) cbreece@ broward.org (7)