Florida’s farcical ethics enforcement exposed in Disney district boss’ new $400k job | Scott Maxwell
Perhaps you’ve read about how the head of Florida’s ethics commission appears to be in violation of — wait for it — Florida’s ethics laws.
This might be the most Florida story ever. The only thing that could make it more Floridian would be if an alligator or sinkhole were somehow involved.
The news was definitely a head-shaker. But it also underscores the ugly reality of just how lax the state’s ethics enforcement is. Public officials routinely flout rules without paying much of a price.
In this case, the watchdogs at the Florida Bulldog news site found that the chairman of the state’s ethics commission, Glenton “Glen” Gilzean, is also getting paid $400,000 a year to run the state’s new (anti-)Disney governing board and has been for months.
The problem with that is that Florida statutes say no public employees are allowed to serve as ethics commissioners. That’s for a pretty obvious reason: Because you don’t want the fox guarding the henhouse — a public official in a position to investigate himself.
The rule isn’t complicated either. Chapter 112.321 of the Florida statutes describes the requirements for ethics commissioners. And in the very first section, there is this simple, seven-word sentence: “No member may hold any public employment.”
That’s it. There are no other qualifiers or loopholes. No follow-up phrase that says: “… unless the governor really, really wants him to.”
(Though the ethics commission’s website still describes Gilzean as a “nonprofit executive” — the job he left. Quite the sticklers for accuracy, these ethics watchdogs.)
Orlando Sentinel reporter Skyler Swisher also recapped an interesting timing sequence in Gilzean’s hiring.
On April 21, Gilzean’s ethics commission dismissed an ethics complaint against Gov. Ron DeSantis that had been filed by allies of Donald Trump who’d argued that DeSantis was inappropriately using the governor’s office to boost his national political profile.
Then on May 10, the governor’s appointees at the Disney taxing district announced they wanted to give Gilzean the $400,000-a-year job.
So, to recap: The governor’s Disney appointees appointed the governor’s ethics appointee to a high-paying job less than three weeks after that same ethics appointee dismissed a complaint against the man who’d appointed him to that position.
Hillbilly family reunions look less incestuous.
Now, if the Florida ethics commission isn’t cracking down on conflicts, it sure isn’t the first time. This state’s ethics enforcement has long been weaker than a Shirley Temple.
Consider some of the headlines from recent years:
“Ethics commission: Steube had no conflict sponsoring bill written by his law firm” (In this case, the commission basically concluded that, yes, the lawmaker had authored a bill that financially helped out his law firm, but that the firm didn’t really benefit that much.)
“State Rep. Marlene O’Toole won’t be punished for violation of ethics law” (Here, the commission concluded she’d done something wrong but decided to leave the punishment up to her buddies in the Legislature, who decided they’d largely take a pass.)
Those two cases both involved GOP lawmakers. But the lack of ethics enforcement has been a bipartisan affair. Consider also: “Ethics panel dismisses complaint against Gary Siplin.” (Here, the commission concluded the Orlando Democratic legislator had used a taxpayer-funded mailer to promote his wife, who was seeking political office at the same time, but that the personal benefit to Siplin was “incidental.”)
There are newborn babies with more teeth than the Florida ethics commission.
Those involved in the latest hubbub are pretty tight-lipped. Gilzean wouldn’t answer questions. Neither would the governor’s office or ethics commission.
So what happens next? Well, ethics and legal experts say there’s clearly a problem with Gilzean’s dual roles. Even one of Gilzean’s colleagues on the ethics commission told the Bulldog it appeared Gilzean was no longer eligible to serve.
But maybe there’s some provision no one’s yet considered. Or maybe state officials will decide they just don’t care.
Statutorily, the authority to remove ethics commissioners rests with the governor, House speaker, Senate president and chief justice of the Supreme Court.
The other option might be for someone to file a complaint with — you guessed it — the ethics commission. One can only imagine how that would go.
Scott Maxwell is an Orlando Sentinel columnist. Contact him at smaxwell@orlandosentinel.com.