Boca Raton Florida - Chief Violated Ethics Rules
Dr. Kardasz -
Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?
Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html
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Ex-Boca police chief misused power in two cases, state ethics panel says
By Stephanie Slater, Palm Beach Post Staff Writer, Thursday, April 27, 2006
Former Boca Raton Police Chief Andrew Scott misused his power when he ordered officers to release a wealthy developer friend from jail last year, the state's Commission on Ethics said Wednesday.
Scott also "corruptly" used his position by ordering a probationary sergeant to pull over a Boca Raton contractor so a Miami TV reporter could spring an ambush interview, the commission ruled.
Report: Ethics report on Boca Raton police chief Andrew Scott
The nine-member panel, responding to two complaints regarding Scott's conduct, said the former chief violated a state law forbidding any public officer or employee from using his official position "to secure a special privilege, benefit, or exemption for himself, herself, or others."
Ethics Commission advocate James H. Peterson III of the state attorney general's office determined that Scott ignored department policy and state law to benefit developer Greg Talbott.
"There is evidence that (Scott) understood the wrongfulness of his favoritism, as two witnesses recall that (Scott) stated that his decision to release Mr. Talbott was probably a 'career ending decision,' " Peterson wrote in a recommendation to the commission.
Scott, who left office Feb. 1, faces two choices: Defend himself in a public hearing or negotiate a settlement that could cost him up to $10,000.
Scott did not return a call, but his attorney, Mark Herron, said they have not decided which route to take.
"I think the Ethics Commission didn't give proper consideration to the investigation previously done by the deputy city manager, which concluded that he acted within the discretion given to him as chief of police in both instances," Herron said.
Investigations by the Florida Department of Law Enforcement and Deputy City Manager George Brown cleared Scott of any wrongdoing in springing Talbott from a holding cell Sept. 24 after his arrest on charges that he battered his wife, a police officer and a restaurant manager in a drunken ruckus at Luna Pazza.
Brown also found that Scott acted within the scope of his authority when he ordered Sgt. Jeff Kelly to conduct a traffic stop on contractor Henk Schiffer so Julie Summers of WPLG-Channel 10 could interview him.
Brown did not return a call for comment. Mayor Steven Abrams deferred comment until Scott and the commission reach a settlement.
Ethics investigator Ronald Moalli revisited the incidents, speaking with most of the principals involved.
Scott maintained that he ordered that Talbott not be sent to the Palm Beach County Jail, despite being charged with felony battery on a police officer, because the police benefactor had a heart condition.
After his officers disagreed with him, Scott was overheard calling his decision a "potentially career-ending" move. He told Moalli "he does not recall having made the comment, and he still does not think he said it."
Scott did note, however, "I write the policies, I administer the policies, and I also have the authority to divert from the policies," according to Moalli's report.
In reference to Kelly's Aug. 30 traffic stop on Schiffer, Scott said it was necessary based on Summers' report of the contractor's erratic driving. He compared it with responding to a citizen's complaint of a driver's "blowing a stop sign and running red lights," Moalli wrote.
After the stop, Scott made a comment to Kelly about Summers' breasts and said, "She'll be thanking me over dinner," according to the report. Scott denied saying it.
Peterson, of the attorney general's office, determined that Scott "used his authority to benefit Ms. Summers in a manner not available to other citizens and that his actions appear to be inconsistent with the proper performance of his public duties."
Republican activist Jody Warmack-Tagaris filed the complaint about Scott's preferential treatment of Talbott.
"I can only hope he's punished for it," she said this week.
The complaint about the improper traffic stop on Schiffer was filed by former Deputy Police Chief Philip Sweeting, who sued Scott and the city in 2004, claiming he was slandered in job references Scott gave to a prospective employer.
"Why did it take filing a complaint before someone would publicly say Scott was wrong?" Sweeting said Wednesday. "The city, specifically the city manager, should take some responsibility."
Schiffer's attorney, Dan Moses, said he sent the city and WPLG-Channel 10 a letter Dec. 27 informing them of his client's intent to sue.
"This is going to help my claim," Moses said Wednesday, adding that he anticipates filing suit in June.
Scott, now chief executive officer for a Boca Raton disaster recovery firm, resigned as police chief Nov. 30. His release of Talbott sparked outrage from the police union, which almost unanimously rejected his leadership in a no-confidence vote.
Officers said Scott gave special treatment to friends, police benefactors and those he gave honorary police badges. They also said his management style was tyrannical and that he created a hostile work environment by calling female officers "sweetie" and "good-looking."
Talbott, 51, is expected in court next month on misdemeanor charges of domestic battery, battery, assault on a police officer, resisting an officer without violence and disorderly intoxication, state attorney's office spokesman Mike Edmondson said.
On Wednesday, officer Dave Skrabec, president of Boca Raton's police union, said officers are looking forward to working with a new police chief. City officials said they expect to hire someone by the end of May.
"We respect the commission's ruling, however, we have put this behind us," Skrabec said.
Retrieved June 1, 2006 from http://www.palmbeachpost.com/pbcsouth/content/local_news/epaper/2006/04/27/s1a_SCOTT_ETHICS_0427.html
photo by Dr. Kardasz