FLORIDA COMMISSION ON ETHICS Nov 08 202 BEFORE THE RECEIVED STATE OF FLORIDA COMMISSION ON ETHICS Imre: Vanessa Baugh, ‘Complaint Nos. 21-039 through 21-052 Respondent. 21-057, 21-059, 21-060, / & 21-064 (consolidated) INT STIPI FAC COMMENDED ORDER Respondent, Vanessa Baugh, and the Advocate for the Florida Commission on Ethios enter into this Joint Stipulation of Fact, Law, and Recommended Order with respect to the above-styled Complaint. Subject to acceptance by the Commission on Ethics, the parties agree that they enter into this stipulated settlement in lieu of further hearings in this cause. The parties stipulate as follows: STIPULATED FINDINGS OF FACT 1. Respondent serves as a member of the Manatee County Board of County ‘Commissioners and, therefore, is subject to the provisions of the Code of Ethios for Public Officers, and Employees, Part III, Chapter 112, Florida Statutes. 2, The following were filed with the Commission on Ethics: on February 26, 2021, thirteen sworn Complaints; on March 1, 2021, one swom Complaint; on March 2, 2021, one sworn ‘Complaint; on March 8, 2021, two swom Complaints; and on March 27, 2021, one sworn ‘Complaint which all alleged that Respondent violated the Code of Ethics. 3. Pursuant to Section 112.322, Florida Statutes, the Executive Director of the Commission on Ethics found that the Complaints were legally sufficient and on March 22, 2021, ordered a preliminary investigation of the Complaints for a probable cause determination of whether Respondent had violated Article Il, Section 8(g)(2), Florida Constitution, and Section Page 1 of 4112313(6), Florida Statutes, ‘The Report of Investigation was released on September 21, 2021. 4. The allegations are: I. Respondent violated Article Il, Section 8(g)(2), Florida Constitution, by adding her name to the Manatee County randomly selected list of recipients to receive a COVID-19 vaccination at a state-operated pop-up vaccination site. TL —_ Respondent violated Section 112.313(6), Florida Statutes, by using or attempting to use her public position and/or resources to deviate from Manatee County's COVID-19 vaccine distribution policy to serve specific individuals and zip codes at a state-operated pop-up vaccination site. 5. Respondent admits the facts as set forth in the Report of Investigation conceming Allegation Il, as incorporated by reference in this Joint Stipulation. 6. Respondent denies Allegation I as it pertains to the disproportionate benefit. For purposes of negotiation, the parties agree to not proceed on Allegation I as Allegation II embodies the facts in Allegation I as they pertain to the special benefit received by Respondent. STIPULATED CONCLUSIONS OF LAW 7. Respondent is subject to the provisions of Part Ill, Chapter 112, Florida Statutes, the Code of Ethies for Public Officers and Employees. 8. The Commission on Ethics has jurisdiction over the Complaints as filed in this proceeding and over Respondent. 9. Respondent admits Allegation II as set forth in paragraph four of the Stipulated Findings of Fact above. 10, Notwithstanding the fact that there was no state guidance as to how vaccines were to be distributed, and the only governing authority limiting who could receive the vaccine was the Governor's Executive Order 20-315, limiting vaccines to people over the age of 65, residents of long-term care facilities, and front line health care workers, Respondent violated Section 112.313(6), Florida Statutes, by using or attempting to use her public position and/or resources to Page 2 of 4deviate from Manatee County's COVID-19 vaccine distribution policy to serve specific individuals and zip codes at a state-operated pop-up vaccination site. STIPULATED RECOMMENDED ORDER 11, The Advocate accepts Respondent's admission in this proceeding. 12, The Advocate and Respondent have entered into this Joint Stipulation and urge the Commission on Ethics to approve it in lieu of further hearings in this cause, 13. Therefore, the parties request and the Advocate recommends that: (@ The Commission on Ethics approve this Joint Stipulation, embodying the stipulations, admissions, and recommendations of the parties; (&) The Commission on Ethics entered a Final Order and Public Report dismissing Allegation I; (©) The Commission on Ethics enter a Final Order and Public Report finding that Respondent violated Section 112.313(6), Florida Statutes, and recommend: (1) Public censure and reprimand of Respondent; and (2) Accivil penalty of: $8,000 fine for Allegation II, Total: $8,000 FURTHER STIPULATIONS 14, Respondent and the Advocate stipulate and covenant that they have freely and voluntarily entered into this Joint Stipulation of Fact, Law, and Recommended Order with full knowledge and understanding of its contents. Respondent and the Advocate further stipulate and covenant that this Joint Stipulation constitutes the full agreement of the parties and that there are no oral or written understandings between the parties other than those contained in this Joint Stipulation of Fact, Law, and Recommended Order. Page 3 of 415, Respondent and the Advocate stipulate that this Joint Stipulation of Fact, Law, and Recommended Order is submitted to the Commission on Ethics for its consideration and ratification. In the event that it is not approved by the Commission on Ethics as written, this document shall be of no purpose and effect and shall not be deemed an admission by Respondent. 16. Respondent enters into this Joint Stipulation with the understanding of the seriousness of the allegations and gives her assurance that this proceeding has affected the manner in which she conducts herself as a public official in a positive way. 17. Effective upon approval of this Joint Stipulation of Fact, Law, and Recommended Order by the Commission on Ethics, Respondent waives all time, notice, hearing rights, requirements, and entitlements, as to all subsequent hearings in this proceeding, Signed, dated and entered into: Signed, dated and entered into’ this 3 day of (ayy. _, 2022. this _Ist day of November , 2022. Soabah.Oue A. Miller George Levesque, Esquire Advocate for the Florida Attomey for Respondent ‘Commission on Ethics Florida Bar No. 555541 Florida Bar No. 578411 GrayRobinson Office of the Attorney General 301 South Bronough Street ‘The Capitol, PL-O1 Suite 600 Tallahassee, Florida 32399-1050 Tallahassee, Floyica 323 (850) 414-3300 (850) ‘Vanessa Baul Respondent Page 4 of 4