Administrative Law Judge G. W. Chisenhall has recommended that the Florida Commission on Ethics issue a final order imposing the following penalties on Escambia County Commissioner Doug Underhill: a public censure, reprimand, and a $5,000 fine.
Judge Chisenhall ruled that Commissioner Underhill’s release of the shade transcripts – which the judge described as “the most serious charge”- was reckless and ill-advised. However, the evidence did not establish that his action was corrupt within the meaning of section 112.313(6) of the Florida Statutes.
The judge turned down the Advocate’s proposed recommended order that Underhill should be removed from office. Instead, he accepted the order recommended by Underhill’s attorney that the penalty be limited to public censure and reprimand. Underhill has already agreed to these penalties.
The fine is due to Commissioner Underhill’s failure to report the nonpayment of legal services to Clark Partington, which was exacerbated by the fact that he paid nothing toward that debt in 2018 and 2019, and ultimately paid after his nonpayment was the subject of an ethics complaint.