'78 Opinion a Factor in Clay Case?
Cravey, Beth Reese, The Florida Times Union
A Florida attorney general's opinion in 1978 indicates that Clay
County Clerk John Keene should not have used public money to pay
a substantial portion of a $60,000 legal bill he ran up after he
was accused of ethics violation.
Most of the legal bill -- $42,000 -- was incurred when Keene
tried to recoup $5,900 he spent defending himself in front of
the Florida Ethics Commission. The 1978 opinion says the Florida
Legislature never intended public officials to be reimbursed for
pursuing their own legal actions before the commission.
While the Attorney General's Office has not researched the
specifics in Keene's case, the 1978 opinion is the prevailing
one from the agency on this issue, Assistant Attorney General
Gerry Hammond said.
". . . Unless the statutes have changed or there were [court]
cases subsequent to this," she said, "and there are none that we
are aware of."
Hammond said an attorney general's opinion is "our best legal
advice," not established case law.
In July 1995, Keene wrote a $60,830 check on the clerk's
operating account to the Jacksonville law firm of Marks, Gray,
Conroy & Gibbs. That firm represented Keene and his finance
director, Don Moore, in Ethics Commission complaints filed
against them by former County Commissioner Ron Stotler.
The complaints concerned the handling by the clerk's office,
which serves as the county's chief financial officer, of a 1993
county budget crisis.
Both complaints were ultimately dismissed. But Keene filed his
own Ethics Commission petition against Stotler, seeking to force
him to pay Keene's legal bills.
The petition failed, but Keene spent at least $42,200 in the
attempt, according to a TimesUnion analysis of Keene's legal
fees. The cost of defending the initial ethics complaint was
Most of the rest of Keene's $60,830 payment went to defend
Moore, the analysis showed.
General case law authorizes public funds to be used to defend
government officials in certain legal situations that arise from
their public duties. But there has been no case law since the
1978 attorney general's opinion that specifically addresses the
use of public funds to recoup attorneys fees. …