In reversal, Sheriff announces plans to fight Ethics Commission if it rules against him

'It’s very clear to me that this is a political setup,' Sheriff James L. Manfre said of the Ethics Commission case against him.


Flagler County Sheriff James L. Manfre (File photo)
Flagler County Sheriff James L. Manfre (File photo)
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Flagler County Sheriff James L. Manfre faces a $6,200 fine if the Florida Ethics Commission rules against him in an upcoming April 15 hearing.

Last month, Manfre said he wouldn't appeal a ruling against him, saying in a Feb. 16 news release, "I have no intention of appealing this decision, as it is now time to put this behind us." He's changed his mind.

"My original reaction was just to put it behind me. Politically, that would be the smarter thing to do," Manfre, who is up for re-election, said in an interview March 15. "But on reflection and talking to my family, I’ve decided that, other than them dismissing the charges, I intend to appeal any decision that finds me in violation of the ethics code, or any fine." Manfre's about-face was first reported at FlaglerLive.com

"I've never seen a more unjust, politically motivated process."

— JAMES L. MANFRE, Flagler County Sheriff

Manfre pointed out what he saw as flaws in the process: The Ethics Commission's recommended fine had changed several times, from $1,500, to $19,000, to now $6,200 and public censure. 

So had the individual charges against him that officials had wanted to pursue: An Ethics Commission advocate initially proposed dropping two out of three charges against Manfre and settling on the third. Manfre agreed to that arrangement. Then the Ethics Commission disregarded its advocate's recommendation and decided to go after Manfre for for all three alleged offenses. Most recently, an administrative law judge found probable case with two of the three allegations — that Manfre had used his agency credit card innapropriately for meals, and that he'd failed to disclose a gift of a stay in then undersheriff Rick Staly's cabin — but not on a third allegation that Manfre had inappropriately used agency vehicles for out-of-county and out-of-state travel.

Then too, Manfre said, the fine the Ethics Commission was considering levying against him was many times higher than one it levied against former Sheriff Don Fleming in 2012 when it found Fleming had inappropriately accepted an honorary membership at the Hammock Beach Club, and discounts at its restaurant.  

Hammock Beach memberships go for about $10,000 a year, and Fleming had his honorary membership for five years.

Fleming was fined $500 (he told the Palm Coast Observer in an interview at the time that he also paid $3,800 back directly to the resort's restaurant.).

"The (ethics) commission is a Republican appointed commission. ... I’m a Democrat. Your readers can draw their own conclusion."

— JAMES L. MANFRE, Flagler County Sheriff

"In that case, it was five years of membership valued at over $10,000 a year" —  plus thousands in food and beverages, Manfre said — "And he got a $500 fine."

In his own case, Manfre said, "At the worst,  you’re talking about a $300 accounting error, and you're talking about, at worst, a $1,000 benefit — if you believe the Ethics Commission. ... They’re asking for a fine ten to twenty times greater than Don Fleming received. This is unfair, it’s unjust."

Fleming is now running for Sheriff as a Republican. Manfre is running for reelection as a Democrat.

Manfre suggested political motivations may lie behind the difference in the proposed fines. "The commission is a Republican appointed commission; (Fleming) is a Republican. ... I’m a Democrat," he said. "Your readers can draw their own conclusion."

And Manfre laid some of the blame for the Ethics Commission charges on his former undersheriff, Rick Staly — who is also running for Sheriff as a Republican — and on Linda Bolante, his former finance director, who has sued him, saying she was pushed out of her job for bringing attention to inappropriate spending by Manfre. 

"It’s very clear to me that this is a political setup," Manfre said. "It should be suspicious to anybody that the two people involved in this matter are Linda Bolante and Rick Staly. ... These are the people I relied on for advice, and then they had the nerve to use that position to then set me up and use it for their own purposes."

Manfre said he will not be appearing at the upcoming Ethics Commission hearing April 15, when the commission will hear his case, review the recommendation of the administrative law judge, and issue its decision.

"I have been a prosecutor for many years," Manfre said. "I've never seen a more unjust, politically motivated process."

 

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