Probable cause found in ethics complaint against Underhill’s aide

On March 8, the Florida Commission on Ethics will consider the probable cause finding regarding a complaint against former County Commissioner Doug Underhill’s aide, Jonathan Owens.

Last summer, the county learned that Owens had given the attorneys for Dr. Laura Edler, who is in litigation against the county, records from Commissioner Jeff Bergosh’s cell phone stolen off the county’s server. In February 2022, Bergosh had asked county staff to download the records off his cell phone so that he could preserve them.

In early August 2023, Owens said on the radio that an anonymous source had left a thumb drive in his county office. He left the county in November 2022 and kept the drive. Somehow, the records also ended up in the hands of the Pensacola News Journal, which has selectively published some of them.

Owens refused to give a statement to ethics investigators.

Findings from the Advocate’s Recommendation:

Based on the characterization of the information and the case law discussed above, all the personal information contained on the thumb drive is not a public record, was unavailable to the general public, and would not be produced by a public agency in response to a public records request.

In sum, Respondent (Owens) was a public employee when he gained information by reason of his official position, the information was not available to members of the general public, and such information was disclosed or used with an intent to secure a personal gain or benefit for Respondent (Owens) and/or Dr. Edler and her attorneys.

All the elements to prove a violation have been met. Therefore, based on the evidence before the Commission, I recommend that the Commission find probable cause to believe that Respondent (Owens) violated Section 112.313(8) Florida Statutes.

Documents:

5_23231 Complaint

4_23231 Order to Investigate

3_23231 Report of Investigation

2_23231 Waiver of Confidentiality

1_23231 Advocate’s Recommendation

Note: Owens’ boss, Doug Underhill, was also found guilty of a series of ethics violations, unrelated to Owens’ case.  The board voted 6-1 for Gov. DeSantis to remove him from office in October 2022. DeSantis chose not to act on the removal. Underhill left office the following month, after deciding he wouldn’t seek a third term the previous year.