The Florida Commission on Ethics is going against the recommendation from one of its own advocates in an ethics case involving Lee County Sheriff Carmine Marceno.

In a press release issued Wednesday morning, the commission said it rejected the recommendation of its advocate and found no probable cause to believe that Marceno accepted a gift of furniture that exceeded $100 from a prohibited donor or, as an alternative, that he failed to report the furniture as a gift.

Additionally, the commission said no probable cause was found to believe that Marceno misused his position or violated the constitutional amendment prohibiting abuse of office to obtain a disproportionate benefit by employing the complainant as a consultant with the Lee County Sheriff’s Office.

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According to the Ethics Commission, the Advocate assigned to this case was Melody Hadley, an assistant attorney general with the Florida Attorney General’s Office.

A commission official also explained how the decision went through the system.

Once the preliminary investigation is complete, copies of the Investigative Report and the complaint are forwarded to the Commission Advocate, who is an Assistant Attorney General. The Advocate reviews the materials and prepares a recommendation for the Commission’s consideration. During a closed meeting (executive session), the Commission determines whether there is probable cause to believe a violation of the ethics laws has occurred. The Respondent, the Complainant (the individual who filed the complaint), and their respective attorneys are permitted to attend. During the meeting, the Commission Advocate and the Respondent have an opportunity to make presentations and may be questioned by Commission members before a vote.

Earlier published reports said that an attorney for the Florida Commission on Ethics recommended a finding of probable cause that Marceno violated state gift-reporting laws in a complaint filed by his former friend, Bonita Springs jeweler Ken Romano.

Romano had earlier this year attempted to withdraw his complaint. A Sept. 1 story by The Florida Trident said Romano had requested that his ethics complaint against Marceno alleging undisclosed gifts and unlawful kickbacks be withdrawn.

“I am requesting this withdrawal for good cause, as the stress of this administrative process has severely impacted my health and exacerbated a diagnosed medical condition (PTSD),” Romano wrote in a notarized missive to the Florida Ethics Commission on July 30, the Trident reported. “I am unable to participate further in this matter.”

The Trident story said that Romano’s request to withdraw came after months of the commission investigating his allegations. On June 5, state ethics investigator Ronald Moalli was granted a 60-day extension of the investigation beyond the 150-day statutory limit. Romano sent the withdrawal letter to the commission 55 days later, indicating the investigation was very close to completion, if not already finished.

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