Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.008 - Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) Commencement of Investigations.
				Investigations shall be initiated only as provided above in Rule
				 34-17.005, F.A.C., provided that
				information from public records may be obtained by staff prior to the ordering
				of an investigation to aid in the just and efficient resolution of a
				referral.
(2) Investigators.
				Investigation shall be conducted by Commission staff, by personnel of the
				Department of Legal Affairs, or by any other person or agency so designated by
				the Commission.
(3) Scope of
				Investigation. Investigations shall be limited to the allegations of the
				referral.
(4) Investigator Contacts
				with Potential Witnesses. The investigator shall inform the person being
				interviewed of the confidential nature of the investigation and of the
				referral, unless the respondent has waived confidentiality.
(5) Investigator to be Impartial. An
				investigator shall be impartial and unbiased in the conduct of the preliminary
				investigation. An investigator shall collect all evidence materially related to
				the allegations of the referral, whether such evidence tends to prove or
				disprove the allegations. If the Commission determines that a public hearing
				shall be held, however, the investigator is responsible for assisting the
				Advocate in the proof of the allegations brought against the respondent. If an
				investigator feels that for any reason he or she cannot be impartial or
				unbiased during the preliminary investigation then such investigator shall so
				notify the Executive Director of the Ethics Commission and shall immediately
				discontinue working in the investigation. If the Commission feels that the
				investigator cannot be unbiased or impartial at any point of time during the
				preliminary investigation, the Commission shall terminate any further
				investigation by the investigator.
(6) Investigator's Report. Upon the
				completion of the preliminary investigation, the investigator shall prepare a
				report to the Commission. The report shall contain a narrative account of all
				pertinent information obtained through interviews of witnesses, documentary
				evidence, or other sources and shall include a discussion of any conflicts in
				the evidence. The report shall not contain any determination or speculation
				with respect to whether the evidence indicates a breach of public trust. The
				report shall make no recommendations.
(7) Investigatory File. The investigator
				shall prepare an investigatory file to be maintained in the office of the
				Commission on Ethics, which file shall contain:
(a) Copies of all documents obtained during
				the course of the investigation;
(b) Recordings of interviews with witnesses
				and, if no recording is made, a summary of the interview;
(c) A list of the names and addresses of all
				persons actually interviewed;
(d)
				Any other relevant documents; and
(e) The investigator's report to the
				Commission.