State Ethics Commission Finds Probable Cause to Proceed with Complaint Against Commissioner Baugh

MANATEE COUNTY – Manatee County Commissioner Vanessa Baugh appeared before the state’s ethics commission in a scheduled meeting held Friday in Tallahassee, Florida. The meeting was in reference to the 18 separate complaints filed against the commissioner related to her role in a state-run vaccine pop-up clinic in Lakewood Ranch.

The scandal, which came to be known as Vaccinegate, involved the commission’s chair and District 5 Commissioner–the district where the pop-up was hosted–directing county staff to alter the countywide randomized lottery system for vaccine appointments by restricting availability to only constituents living in two zip codes within the district she represents.

In addition to deviating from the board’s approval of a randomized lottery system to obtain vaccines, a commodity at that time in short supply, Commissioner Baugh also created a list of five individuals–including herself–which were to be guaranteed appointments at the pop-up. Two of the individuals on the "VIP“ list were not even residents of the preferred zip codes the commissioner requested the revised vaccine pool be restricted to.

TBT has confirmed with sources close to the situation that Friday’s probable cause meeting resulted in the ethics commission determination by majority vote that there is probable cause to proceed to the next stage of the complaint process, stage 3.

According to www.ethics.state.fl.us complaint procedures are as follows:

Stage 1- When a sworn complaint is received in the Commission office, the Executive Director determines whether it is legally sufficient, that is, whether the allegations if proven to be true, would violate any law over which the Commission has jurisdiction. If found to be legally sufficient, the complaint is assigned to a staff investigator, who undertakes a preliminary investigation. (Many complaints received by the commission never make it beyond this stage due to finding of legal insufficiency.)

Stage 2- After completion of the preliminary investigation, copies of the Investigative Report and the complaint are forwarded to the Commission Advocate, an Assistant Attorney General. The Advocate reviews these documents and prepares his or her recommendation, which is forwarded to the Commission. At a closed meeting (executive session), the Commission determines whether there is probable cause to believe the respondent has violated the ethics laws. The Commission makes its decision by a majority vote of those members present and voting.

Once the Commission makes a probable cause determination, the case becomes a matter of public record when a written order is filed a few days following the meeting. More details are anticipated about this proceeding mid-week next week, possibly as early as Wednesday.

Stage 3- If the Commission finds there is probable cause to believe there has been a violation of the ethics laws, it must decide whether the law was violated and, if so, whether a penalty should be recommended. Either the Respondent can request or the Commission may order a public hearing (trial) at which evidence will be presented. These hearings usually are held in or near the geographical location where the alleged violation occurred and are usually conducted by a Division of Administrative Hearings (DOAH) administrative law judge.

Instead of a hearing, the Respondent may resolve a complaint proceeding through a stipulated settlement or consent order entered into with the Commission Advocate and approved by the Commission.

Final Stage- After the public hearing, the administrative law judge transmits his or her Recommended Order to the Commission, which then meets to consider that recommendation for final action.

TBT will keep you updated as details about any further scheduled hearings or negotiated settlements, related to this case, become public.