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11-10-2006, 05:18 PM
Crist apointees face stack of questions

BY BILL COTTERELL
FLORIDA TODAY ADVERTISEMENT


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TALLAHASSEE -- If you've ever been accused of sexual harassment or busted for drunken driving, you will have some explaining to do when seeking a patronage post in Gov.-elect Charlie Crist's administration.

And the new bosses of state government will probably have to certify, on penalty of perjury, that they have nothing to hide. Just signing a notarized statement won't do it any more, under recommendations drawn up by a Florida Senate committee staff.

Major appointees who are subject to Senate confirmation, including department heads, will be asked in a standard questionnaire if they have ever been arrested for drunk driving. They will also have to tell if a coworker has ever filed a complaint of "workplace misconduct" — including sexual harassment or job discrimination against gays — as well as the status of any civil suits filed by or against them.

It's not necessarily a deal-breaker; appointees will still get to tell their side to the Senate Ethics and Elections Committee. But with a new crew coming to town, the committee wants to take a closer look at the top brass in scores of state agencies, boards and regulatory commissions that are subject to Senate confirmation.

Four new questions and one greatly expanded inquiry have been added to the standard questionnaire the committee plans to make Crist appointees complete. The new nosiness grew out of an interim study assigned to the committee staff after the last session, with support from Gov. Jeb Bush's office, and the whole thing is subject to approval by Senate President-designate Ken Pruitt, R-Port St. Lucie, when he formally takes office late this month.

The new questions are:


"Have you ever been the subject of a complaint or investigation that included allegations that you discriminated against or harassed someone in the workplace, including but not limited to: sexual harassment or discrimination based on color, race, national origin, gender, age, religion, disability, family status, marital status or sexual orientation?"

The state recently agreed to a $100,000 settlement in a sexual-harassment case filed by a former Department of Elder Affairs employee against ex-Secretary Terry White, who was fired by Bush last year. White and the state denied her allegations.


"Have you ever been a defendant, counter-defendant, cross-defendant, respondent or third-party defendant in any non-criminal court proceedings?"

"Have you ever been a plaintiff or petitioner in a non-criminal court proceeding of any kind?"

"Has a court ever entered a judgment against you, monetary or otherwise, regardless of whether it has been satisfied or is in the process of being appealed?"

The old screening form asked, "Have you ever been arrested, charged or indicted for violation of any federal, state county or municipal law, regulation or ordinance?"

That question was expanded on the new form to, "In your entire life," has the appointee been "detained or restrained for" any offense, "or taken into custody or accused formally or informally" with breaking the law.

The revision further specifies, "This includes felonies and/or misdemeanors. You must include DUI violations." Traffic violations with civil fines up to $250 don't have to be listed.

Another change in the standard form does away with a requirement that an applicant's signature be notarized. Instead, the applicants will certify "under penalties of perjury" that their answers are true and complete.

The Senate committee staff report said about 450 appointees every year come up for confirmation in posts ranging from department heads to obscure regulatory panels. Most come from the governor, but a few top jobs that are filled by the University Board of Governors or other authorities are also subject to Senate approval.

The Senate rarely rejects any big ones, although some diplomatically withdraw after a background check by the Florida Department of Law Enforcement or discreet inquiries by the committee staff. Lawmakers can rubber-stamp hundreds of routine appointments at a time, knowing the staff has checked each of them, but the committee calls some to public hearings.

Usually, appointees who have atoned for past problems — or who can rebut a complaint — get a green light from the committee, if the governor stands by them.

The existing background clearance by the FDLE will remain unchanged, along with routine checks on a person's voter registration, financial-disclosure compliance, verification of education and any professional licenses held by an appointee. The committee also sends appointees' names to all senators, so they can alert the committee to anything they know about those from their districts.



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Bill Cotterell is a reporter for the Tallahassee Democrat, a FLORIDA TODAY news partner.

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