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From the staff of the Tampa Bay Times

Former Hillsborough County attorney vows to take ethics case back to court



Former Hillsborough County Attorney Renee Lee vowed Friday to take her ethics case back to court in the latest twist of a long, public saga over a $1,700 pay raise.

Florida’s Commission on Ethics imposed a $5,000 fine and a public censure on Lee, who gave legal advice that led to the 1 percent pay raise for herself and former County Administrator Pat Bean.

Lee’s attorney, Mark Herron, called the ruling an “injustice,” and said his client will take the case to the Third District Court of Appeal.

Commissioners seemed troubled over whether Lee deserved the penalty, but hesitated to defy the recommendation of an administrative law judge who suggested Lee’s testimony lacked credibility.

The Hillsborough County Commission must approve employee pay raises, but Lee advised her colleagues that commission approval was unnecessary because the raise was an award for all department heads that met financial benchmarks. That legal opinion helped pad the fall for Bean, who lost her job but was cleared of ethics charges on the grounds she was following Lee’s legal advice.

Panelists agreed that Lee, 59, should not have blessed the raise. But it’s unclear whether the move was corrupt or merely careless.

“I find it kind of sad that over $1,700 someone would place themselves in such a vulnerable position,” said Commissioner Matthew Carlucci, nodding sympathetically. “The word ‘corrupt’ that’s a tough word, I wouldn’t want that word used on me.”

The panel’s decision is the latest turn in an epic two-year battle over an ethics scandal that cost big money and caused plenty of hand-wringing for Hillsborough commissioners, who fired Lee in June 2011. The county paid Lee about $150,000 severance.

Herron argued passionately before the ethics panel that there’s a lack of “substantial, competent evidence” that Lee intentionally committed legal malpractice.

He also said the administrative law judge put too much weight on testimony from a witness who admitted to only a hazy memory of what happened.

The panelists seemed moved by the arguments, but not enough to jump through the legal hoops required to overturn the judge’s decision.

Commissioner Edwin Scales, himself a lawyer, cast the one dissenting vote.

“When did the legal malpractice rise to the level of an ethics violation?” he said. “What is the standard in which screwing up on legal advice crosses the line?”

Dover activist George Niemann, who filed the ethics complaint, said Lee deserves to be punished. He may follow up with a complaint to the Florida Bar, he said.

“The advice she gave was questionable and self-serving,” he said. “That’s not acceptable.”

Photo by Edmund Fountain, Times 2010


[Last modified: Friday, September 7, 2012 2:29pm]


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