Ousted Tallahassee City Manager Rick Fernandez slapped with state ethics violations

Show Caption Hide Caption Erwin Jackson on Fernandez ethics hearing Erwin Jackson speaks about the Rick Fernandez ethics hearing

The Florida Commission on Ethics found probable cause that former Tallahassee City Manager Rick Fernandez violated the state’s ethics laws during a closed-door hearing today.

The commission's vote was unanimous in an ethics complaint filed last year by local businessman Erwin Jackson, a persistent critic of City Hall. In his complaint, Jackson accused Fernandez of accepting Florida State University football tickets from a local lobbyist and taking a nearly $5,000 catering discount at the city-backed Edison restaurant.

"I’m extremely pleased, even though it’s taken the last two or three years I’ve been talking about Mr. Fernandez," Jackson said after the hearing. "But I started this process with the FBI eight years ago. So there is a little bit of justice we got today.”

Fernandez's attorney, Bucky Mitchell of Tallahassee, declined to speak with reporters after the hour-long hearing at the First District Court of Appeal.

As the Tallahassee Democrat reported Wednesday, an assistant attorney general who serves as one of the board’s prosecutors recommended the commission find probable cause on some of the allegations and no probable cause on others. The recommendation came after an investigation by Ethics Commission staff.

Mayor Andrew Gillum, who's running for governor, responded to the probable cause finding by saying the city "has no tolerance for wrongdoing."

"I am hopeful for a speedy conclusion to this matter," he said, "and I look forward to our community moving forward from it."

Fernandez’s nearly 30-year career at the city began to unravel last fall after the Democrat published a text message exchange between him and a lobbyist with the firm of Adam Corey, a central figure in the FBI’s investigation into public corruption.

In the text exchange, Fernandez asked for tickets to Corey’s skybox for a 2016 home game against the University of North Carolina. The texts indicated the tickets were later dropped off at Fernandez’s office at City Hall.

The complaint also accused Fernandez of taking a $4,761 discount on the $14,964 catering bill for his daughter’s wedding. The complaint alleged the discount was provided to Fernandez because of his position as city manager. It also said Fernandez rewarded an Edison worker involved in the discount with an unadvertised job with the city.

Jackson said the Ethics Commission prosecutor said Fernandez accepted 16 FSU football tickets, which were valued around $126 apiece. He also said the catering discount turned out to be closer to $6,000.

He said the FBI investigation came up more than once during the hearing. Corey, he said, declined to provide information to Ethics Commission staff because of the FBI probe.

Following his resignation Jan. 3, Fernandez was paid $94,000 for 18 weeks of pay, as well as the full retirement benefits to which he was entitled as a city employee. It also requires the city to pay him his last hourly pay rate if he is required to appear on behalf of the city in any judicial, administrative or another type of proceeding.

As part of the exit agreement, the city also is required to reimburse “some or all" of his attorney's fees if he prevails in his case before the ethics commission. If, however, the Ethics Commission finds him in violation of state law, then he will be responsible for his legal fees and any penalties.

"I think the city has done what it should have done in terminating him," City Commissioner Curtis Richardson said. "The case is now beyond us. Whatever the commission finds and penalties are imposed will be personal for Mr. Fernandez. He is no longer an employee of the city."

The Fernandez Files:

Since the ticket scandal became public, interim City Manager Reese Goad has put in place several new employee ethics policies that include a ban on accepting gifts from vendors or contractors doing business with the city.

"We as city leaders have doubled down on efforts to make sure that such mistakes are not repeated, as all city staff are now undergoing thorough ethics training," Commissioner Nancy Miller said. "I sincerely hope that this is the last of such lapses in judgment."

Fernandez can opt to contest all or some of the civil charges or enter into a settlement with the commission. If he decides to fight at least some of the allegations — a likely scenario — the case would be assigned to an administrative law judge. After hearing evidence from both sides, the judge would enter a recommended order and the Ethics Commission would make a final determination on guilt or innocence.

Public officials found to have violated state ethics laws can face penalties including public censure, fines and suspension or removal from office.

Contact Jeff Burlew at jburlew@tallahassee.com or follow @JeffBurlew on Twitter.