Possible Ethics Code Violations
The Florida Commission on Ethics says they have found probable cause that Orange County Sheriff Kevin Beary may have violated ethics codes.
The commission says Beary may have violated the code of ethics for his work with a non-profit corporation he helped set up to do national security work.
At the time, he also served as co-manager for a Florida Department of Law Enforcement Regional Domestic Security Task Force.
The commission can now decide to hold a hearing.
If someone is found to have violated the code of ethics, the commission can recommend removal from office or fines.
The full press release in .pdf format, from the Florida Commission on Ethics go to their website at http://www.ethics.state.fl.us/. Click on news and events on the left, then on the Jan. 26th press release.
Reaction
News 13 spoke with Sheriff Kevin Beary's attorney and the man accusing Beary of violating the code of ethics.
The Florida Ethics Commission began it's investigation into Sheriff Kevin Beary's possible wrong doing because of one man, Rick Staly.
News 13 spoke with him after news of probable cause against the Sheriff Wednesday.
Rick Staly filed a complaint against Beary claiming the Orange County Sheriff used his authority to head up a non-profit organization dealing with the Regional Domestic Security Task Force issues and paying himself consulting fees.
"I filed it because no one would stand up to the Sheriff of Orange County and I did and the results are that at least we have probable cause that he's violated the law," said Staly.
Staly attended Friday's Ethics Commission meeting, the same group who found probable cause for further investigation into Beary's actions.
According to the commission, Beary and the task force created homeland security software which they sold to FDLE. Beary allegedly paid himself $43,000 in consulting fees for the creation of that software.
He later returned that money and his attorney claims Beary's interest was to keep Orange County safe and not to break any ethics laws.
"Sheriff Beary maintains, and continues to maintain that there was no violation of the code and that his actions were taken specifically in response to 911, to the threats posed in this state," said Beary's attorney Mark Herron.
Sheriff Kevin Beary's office also delivered a written response Wednesday: "Sheriff Beary welcomes this opportunity to discuss his voluntary service on FDLE's regional task force in the wake of the attacks of September 11, 2001, and the important security improvements resulting, which FDLE and Orange County have both acknowledged. This will be a lengthy process."
The case now goes to a full evidentiary hearing. If found that violations did occur, Beary can either be reprimanded, face a fine or be removed from office.
History
News 13 takes a look back at how the controversy started.
Early in 2002, Sheriff Beary announced a new homeland security division for Orange County. The 10-person unit investigated tips related to terrorism. Beary co-chaired that committee.
On the 2003 anniversary of September 11th, Beary asked the federal government for millions of dollars in funding to upgrade the area's threat designation to a major urban area.
In November of of that same year, Sheriff Beary and the Domestic Security Task Force got their funding, $8.7-million worth.
In 2005, the first investigation was launched into a non-profit organization started by Sheriff Beary.
The money used to start the National Domestic Preparedness Organization reportedly came from the federal grant given to the Domestic Security Task Force. The money was supposed to be used to development anti-terrorism software.
Sheriff Beary received $43,000 from the company as a consultant. Beary says he checked with state ethics officials, accountants and an attorney before he accepted money from the coalition.
After the county auditor's investigation, Beary stepped down from the non-profit that he founded with two other sheriff's office employees.
"While I'm proud of the invaluable work NDPCI has done for the community, the state and our nation, I won't have the success of a national model overshadowed by this controversy, either for this reason and to move any misperceptions. I've decided to give back the money and resign my position as a member of the board," Sheriff Beary said in August of 2005.
Later that same month, the Department of Homeland Security announced an audit of the non-profit organization that Beary founded.
Sheriff Beary and his non-profit organization remain under investigation by several different state and national agencies.
What's Next?
Sheriff Kevin Beary can have a full evidentiary hearing before an administrative law judge in Tallahassee. The judge can then issue an administrative order. The order would be sent to a nine-member ethics commission to establish what penalties, if any, Beary could face. The commission may recommend civil penalties, including removal from office and fines up to 10-thousand dollars or Beary can reach a settlement with the commission's attorney, and avoid a full hearing.