Florida West Coast
Opinion
By:
Jennifer L. Hamey Esq.
Ethics...this
whole matter boils down to ethical behavior. When someone opts to be an
elected official, they also agree to the responsibilities that come with
it. These responsibilities include integrity, trust,
transparency and yes, ethical behavior. What Vanessa Baugh did
was just wrong. This is not a political issue. It doesn't matter
who you voted for. It doesn't matter your stance on Covid, masks or
vaccines. I have no personal issue with Vanessa Baugh, I have never even
met her. But what I do have is an absolute utter disgust for her behavior
and actions which effected EVERY SINGLE RESIDENT of Manatee County!
Now
as I speak of responsibilities of our elected officials, it is imperative
to also point out that we as the voting population also have
responsibilities. We have the responsibility to hold our elected
officials accountable. We have a responsibility to demand
transparency from them and to speak out when clear wrongs have been
committed.
It
was this epiphany that arose within me as I realized it is unfair to expect all
these responsibilities of our elected officials, if we too don't adhere to our
own responsibility to act when appropriate. When the story first
broke about what Vanessa Baugh had done, I was appalled, but I too am busy and
thought what can I do about it? It is what it is. Then I took a step back
and thought no, if we don't speak up, then accountability will never be
reached. As an attorney I am held to a set of rules and ethics within my
field. I am held accountable for my actions. Why shouldn't she be
held accountable for what she did? I was reminded of the concept, loosely
quoted, of "all it takes for evil to triumph is for good men (or women) to
do nothing." I don't get the right to complain if I am not going to
take steps to fix it.
So at
this point, if you don't already know, you may be asking what did this Vanessa
Baugh person do? Well, I have attached the below complaint that I filed
with the Florida Commission on Ethics outlining exactly what, in my opinion,
she did wrong to violate Florida laws, Administrative laws and the Florida
Constitution while in her role as a public official. Now disclaimer: this
is just my personal complaint that I filed, and the matter is pending.
There has been no outcome at this point.
Secondly,
I have begun a petition on Change.org (link is also attached below).
Manatee County is unchartered and not a municipality so the recourse is that
the governor must be the one to suspend Ms. Baugh. But this petition is
not just for Manatee County. This petition is for anyone and everyone in
Florida that wants their elected officials to be held accountable for their
behavior. This is an issue for every voter who cares about their local
and state government doing what is right. So please take a minute and
read the petition and if you agree, please sign it. We hope to get many,
many signatures of Florida voters to the governor so he can see how many people
care about holding public officials accountable.
Now
at the end of the day, will these steps I've taken result in any action being
taken place against Vanessa Baugh? I don't know. But I can sleep
well at night knowing I took the responsibility to speak out about something
that I think was really wrong. I have done everything I can do at this
point to spread the word and inform people. Because remember, this issue
is not about politics...it's about ethics!
Change.org: http://chng.it/RCsgYXHjP6
The text below
is from the Formal Ethics Complaint and was created using a PDF to Microsoft Word
Converter. It is a reasonable rendering but should NOT be relied on for legal
or professional reference.
Some Addresses
and Phone Numbers have been redacted
Florida
Commission on Ethics
P. 0.
Drawer 15709, Tallahassee, Florida 32317-5709
"A Public Office is a Public Trust"
1. PERSON BRINGING COMPLAINT:
Name:
Jennifer L. Hamey Telephone Number: (941) 932-6217
Address;
3815 US Highway 301 North
City:
Ellenton, County: Manatee, State: FL Zip Code: 34222
2. PERSON
AGAINST WHOM COMPLAINT IS BROUGHT:
Use a
separate complaint form for each person you wish to complain against:
Name:
Vanessa Baugh Telephone Number: (941) 745- 3703
Address;
PO Box 1000
City:
Bradenton, County: Manatee, Zip Code: 34206
Title
of office or position held or sought: Manatee County Commissioner
3.
STATEMENT OF FACTS:
Please
provide a full explanation of your complaint, describing the facts and the
actions of the person named above and why you believe he or she violated the
law. Include relevant dates and the names and addresses of persons whom you
believe may be witnesses. Please do not submit more than 15 pages, including
this form. Please do not submit video or audio tapes, CDs, DVDs, flash drives
or other electronic media; such material will not be considered part of the complaint
and will be returned.
4.
OATH (See original Document for formal
Oath and Official Witness)
I the
person bringing this complaint, do swear or affirm that the facts set forth in
the foregoing complaint and attachments thereto are true and correct to fittest
of my knowledge and belief.
MEMORANDUM – COMPLAINT
I.
ISSUES FOR CONSIDERATION
1.
Did Respondent violate Florida Statute 112.3 1 3(6), Misuse of Public Position,
by ignoring the county‘s lottery system for the Covid—19 vaccine distribution
and instead unilaterally picking two zip codes in her district to receive 3,000
additional vaccines issued by the State, to the detriment of all other Manatee
County residents 65 and over who had signed up for the lottery system?
2.
Did Respondent violate Florida Statute 112.313(6), Misuse of Public Position,
by putting herself and four friends onto a "VIP" list provided to the
county to insure she received a vaccine from the extra doses provided by the
State?
II.
SUMMARY OF FACTS
On or
around early February, 2021, Vanessa Baugh (hereinafter referred to as
"Respondent") was approached by Governor DeSantis with an offer of
3,000 additional vaccines to be used for Manatee County at a pop-up location in
Lakewood Ranch, specifically Premier Sports Campus. Interestingly, that location
is owned by Manatee County as a park, not any individual ownership.
Respondent,
by her own admission as stated by her at a County Work Session on February 18,
2021, took full responsibility for choosing the two zip code locations (34202
and 34211) and advised she was not directed by the Governor to do so. Both of
these zip codes are located in her district, are predominantly white and have
an average median income of over $100,000. Respondent also lives and owns a
business in zip code 34202.
Subsequently,
on or about February 15, 2021, Respondent provided a list of five names, one of
which was her own, that stated in the subject line "Names for List",
which was directed to the county employee working on the list of people to be
vaccinated at the pop—up location. (See Attached Exhibit A). This information
was revealed to the public and other commissioners shortly after to which
Respondent then issued an apology for what she did during a public commissioner
meeting. Respondent further admits in her response to correspondence from an
angry resident that she "did have a lack of judgment." (See Attached
Exhibit B).
III.
ALLEGED VIOLATIONS
A.
Florida Statute 112.313: Standards of conduct for public officers.
Pursuant
to 112.3 13(1), Respondent qualifies as a public officer subject to the
requirements of this section as she is a "person elected or appointed to
hold office in any agency. . .“. Respondent was reelected as Manatee County
Commissioner, District 5, on November 3, 2020 and was sworn into the position
on November 17, 2020.
Further,
pursuant to 112.313(6), "no public officer...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."
Discussion of said violation to this section is divided into two separate
incidents as discussed above under issues for consideration.
The
first instance of violating 112.313(6) occurred when Respondent took it upon
herself to determine what two zip codes were worthy to receive an additional
3,000 vaccines and chose two areas that were advantageous to her personally and
to the detriment of the other 150,000 persons over the age of 65 who had done
as directed and entered into a lottery system. Respondent used her position to
advise the Governor of her choices. She did so with no discussion with the other
six commissioners and she did so without any consideration of the very lottery
system she put into place for the residents of Manatee County to maintain
fairness in the process.
The
second instance of violating 112.313(6) occurred just days later when after
already excluding over 140,000 residents from a chance at the 3,000 vaccines
(only 7,285 of the approximately 150,000 signed up residents for the lottery
lived in 34202 or 34211, See Attached Exhibit C), Respondent created a
"VIP" list to insure that she and several friends and neighbors got
vaccines out of those 3,000 that were provided by the state. As shown in
Exhibit A, two of the parties that she listed on her "VIP" list
didn't even live within the two zip codes that she chose as the ones to get the
vaccine!
These
actions taken by Respondent, separately and over the course of approximately a
week, are a clear violation of the requirements outlined in 112.313(6).
B.
Florida Administrative Code §34-18.001: Scope and Applicability of Chapter
This
Chapter of the Code is designed to define disproportionate benefit as used in
Article II, Section 8(h)(2) of the Florida Constitution. Fl. Adm. Code
§34-18.001(2)(a) defines disproportionate benefit as a "benefit, privilege,
exemption or result arising from an act or omission by a public officer or
public employee inconsistent with the proper performance of his or her public
duties."
Fl.
Adm. Code §34-18.001(3) discusses the points the Commission shall consider to
determine disproportionate benefit. Complainant will discuss each item below,
briefly outlining how Respondent violated each item:
1.
§34-18.001(3)(a): The number of people who would experience a benefit was
different in each instance of Respondent violating 112.313(6). The first act of Respondent
picking two zip codes, which isolated only certain people to be chosen for
3,000 vaccines, resulted in 7,285 people getting the potential benefit of
securing a vaccine to the exclusion of the other 142,000 in the lottery pool
for the county. 1She further benefited herself because she
also lived in one of the chosen districts. In the second instance, five people,
including Respondent, benefitted from being on the "VIP" list to
receive the vaccine to the exclusion of all other residents of Manatee County
who were waiting in the lottery system set up by the commissioners, including
Respondent.
2.
§34-18.00113)(b): Simply put, the nature of the interest was personal gain and
to help her political and social friends.
3.
§34-18.00113)(c) and (d): The degree to which the interests of all those who
would experience the benefit are affected is substantial and greatly more
advantageous compared to others. Millions of people are waiting to get a
vaccine during a pandemic that has crippled our nation for almost a year.
Respondent used her position of power to bypass every one of her constituents
who have been following the rules put in place by her and the other
commissioners to jump to the head of the line and receive a vaccine.
Furthermore, Respondent chose to forego the needs of the rest of the county,
all of whom she has an equal duty to same as her own district, to put the needs
of her own constituents in front of all the others entered into the lottery
system.
4.
§34-18.001(3)1e): There was zero degree of uncertainty! Respondent knew from
the very beginning her actions took away over 3,000 vaccines to the majority of
those in the county lottery pool, for the benefit of two zip codes. Further,
Respondent knew from the very beginning that it was completely wrong to add
herself and several friends to a "VIP" list to insure they received
the vaccine. By engaging in this course of action, she took the opportunity
away for there to be an equal likelihood of all people in the lottery to get
picked for the 3,000 extra available doses.
5.
§34-18.001(3)(f): Respondent lives in Lakewood Ranch and sits as a Manatee
County
Commissioner with six other individuals. In neither instance was what she did
available to any of those persons. Neither the residents of Lakewood Ranch nor
the other commissioners were given an option to pick zip codes to get the extra
3,000 vaccines nor did they have the opportunity to be put on a "VIP"
list.
Finally,
34—18.001(4) outlines that the requisite intent for finding a violation to
Article II,
Section
(8)(h)(2) of the Florida Constitution is that the officer acted with a wrongful
intent for the purpose of obtaining a benefit which is inconsistent with the
proper performance of her public duties. Respondent is an elected official who
was voted in to serve as a Manatee County Commissioner. While she was voted in
by her District, which is not comprised of the entire county, she is still
obligated and has a duty to serve the needs of the ENTIRE county. Respondent
intentionally chose not to do that. The exhibits attached to this complaint, as
well as by Respondent's own admissions, clearly reflect poor judgment and an
intentional failure to avoid a disproportionate benefit to herself, her friends
and to the residents of 34202 and 34211.
C.
Florida Constitution, Article II, Section (8)(h)(2)1: Ethics in
Government
Florida
Constitution, Article II, Section (8)(h)(2) states in pertinent part that a
public officer shall not abuse her position in order to obtain a
disproportionate benefit for herself. This Article and Section further outlines
that an independent commission shall conduct investigations and make public
reports and that said commission shall be this Florida Commission on Ethics.
Complainant
will not re-address all of the arguments regarding abuse of power under this
section as they have been adequately addressed in the paragraphs above.
______________________________________________
1 Complainant notes that Section (8)(h) was previously
designated Section (8)(g). And while all remaining amendments to this Section
shall not take effect until December 31. 2022, the pertinent one to this matter
did take effect on December 31, 2020.
IV.
CONCLUSION
Respondent
is an elected official, specifically a Manatee County Commissioner. When
Respondent
took the position she was aware, or should have been aware, of her responsibilities
under the Florida Statute, Florida Administrative Code and the Florida
Constitution to never misuse her position of power for her benefit or the
benefits of friends and family.
Respondent
is in a position of trust with a duty to serve ALL of the county to which she
was elected. This includes in situations where decisions can be very difficult
and the need may arise to put aside what is best for one's self for the benefit
of those whose needs you swore to uphold. This country is in the middle of unprecedented
times when the need for leadership has never been greater. The residents of
this county turned to the commissioners as the leaders to set the rules and the
guidelines for the Covid vaccine. The county commissioners collectively agreed
to a lottery system to instill fairness that all of those residents over 65
that signed up would have an equal chance at a vaccine.
Respondent
abused that system. Respondent did not seek advice or counsel of her other
commissioners to search for a fair way to distribute the extra 3,000 doses
available to the county. She unilaterally decided on her own to pick two zip
codes that she wanted to receive the vaccine to the detriment of all the other
county residents. Further, she knowingly and willfully put her needs before
those of the residents of her county by creating a VIP list that she was on, as
well as including two people on the list that didn‘t even live in the zip codes
she chose to receive the vaccines. Trust has been lost and cannot simply be
regained by an apology. Respondent should be held accountable for these
violations.
Exhibit
A
Dana
Rawls
From:
Vanessa Baugh
Sent:
Monday, February ‘15, 2021 12:58 AM
To:
Jacob Saur
Subject:
Names for lis
Names
for vaccination requested
Rex Jensen,
Lawrence
Jensen,
Robert
E. Keehn. III,
Marie
E. Keehn,
Vanessa
Baugh,
Sent
from my iPad
Exhibit
B
Dana
Rawls
From:
Vanessa Baugh
Sent:
Thursday, February 18, 2021 6:57 PM
To:
STEPHEN MILLER
Subject:
Re: COVID POP—UP LAKEWOOD RANCH
Mr
Miller, I did have a lack of judgment, however I did not have the vaccine and
there were 200 more vaccines added today. I do hope that you and your wife will
get it soon.
Sent
from my iPhone
On
Feb 18, 2021, at 6:31 PM, STEPHEN MILLER wrote:
I AM
A RESIDENT IN THE 34211 ZIP CODE OF LAKEWOOD RANCH. MY WIFE AND I ARE BOTH 72
AND HAVE HEALTH ISSUES. WE HAVE TRIED EVERYTHING TO GET THE VACCINE. WE ARE
REGISTERED WITH MANATEE COUNTY AND READ IN THE OBSERVER THAT THE POOL IS AS
FAIR A SYSTEM AS YOU CAN
HAVE
SINCE ALL REGISTRANTS ARE SELECTED AT RANDOM BV COMPUTER WITH NO HUMAN
INTERVENTION.
NOW
WE READ IN THE SAME PAPER HOW COMMISSIONER BAUGH, WHO COORDINATED THE EVENT,
INTERVENED TO HAVE HERSELF AND SOME FRIENDS (OUTSIDE THE TWO ZIP CODES) BE PUT
AHEAD OF THE REST OF US WHO ARE ASKED TO ACCEPT THE RULES AS BEING FAIR TO ALL.
ABOVE
ALL ELSE, WE EXPECT OUR ELECTED OFFICIALS TO HAVE INTEGRITY AND TO REPRESENT
THE CITIZENRY FAIRLY. WE USE OUR VOTES TO PUT THOSE PERSONS IN OFFICE WHO WE
BELIEVE IN. NEPOTISM SHOULD HAVE NO PLACE WITHIN THE MANATEE COUNTY BOARD OF
COMMISSIONERS.
MY
WIFE AND I CONTINUE TO GET ON THE COMPUTER AT 7:00 AM TO LOG INTO THE PUBLIX,
WINN DIXIE, CVS, WALGREENS, WALMART AND ANY OTHER SITE THAT MAY OFFER AN
OPPORTUNITY TO SIGN UP BUT NEVER MAKE IT TO THE SCHEDULING SCREEN. WE REGULARY
MONITOR OUR TEXT MESSAGES HOPING WE WILL BE SELECTED FROM THE MANATEE POOL BUT
NEVER ARE.
I
JUST WANTED TO SHARE WITH YOU HOW WE AND I'M SURE MANY OTHERS FEEL WHO ARE
DESPERATE FOR THE VACCINE ONLY TO FIND THAT IT IS STILL "WHO YOU
KNOW" THAT REALLY MATTERS.
STEPHEN
AND GAIL MILLER
Sent
from Mail for Windows 10 1
Exhibit
C
Dana
Rawls
From:
Jacob Saur
Sent:
Saturday, February 13, 2021 1:53 PM
To:
Vanessa Baugh
Subject:
Zip codes
HI
Commissioner,
There
is 7,285 people registered with the primary residence listed as 34211 or 34202.
I have a team meeting tomorrow to discuss the logistics of scheduling.
That
includes both 65 and older as well as frontline healthcare workers.
Jake
Jacob
A. Saur, RPL
Director
of Public Safety
Manatee
County Government
Office:
9414493585
Cell:
941-705-1246
PO.
Box 1000 Bradenton, FL 34206
Twitter:
MCGPublicsafety
Outlook
for 10
**********************************************************************
The text from the
Formal Ethics Complaint and was created using a PDF to Microsoft Word Converter.
It is a reasonable rendering but should NOT be relied on for legal or
professional reference.
This post is contributed by Jennifer L. Hamey Esq.
The views expressed in this post are the author's and do not necessarily
reflect those of the publisher of BayPost Internet or any publications, blogs,
or social media pages where it may appear.
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