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Ethics Commission dismisses complaint against Kiker

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After more than a year of review and investigation, the Florida Commission on Ethics found there is no evidence to substantiate a complaint that Lee County Commissioner Larry Kiker violated ethical standards related to a proposed development on Fort Myers Beach.

On Feb. 17, 2016, the League of Women Voters of Lee County filed a complaint against Kiker for omitting points of contact on his lobbyist log as required by Lee County’s lobby ordinance, specifically in communications with developer Tom Torgerson. The complaint also suggested Kiker could have benefitted financially from a land purchase Torgerson made, brokered by a real estate agent with affiliations to Lahaina Realty. The realty company is owned by Kiker’s wife, Paula Kiker.

According to a release from the Ethics Commission issued March 17, the commission “found no probable cause to believe Larry Kiker, Lee County Commissioner, solicited or accepted a broker’s commission for the sale of property based on an understanding that his vote, official action or judgment would be influenced…the Commission found no probable cause to believe that his contractual relationship with the real estate company created a frequently recurring conflict or impeded the full and faithful discharge of his public duties.”

The commission also stated it found “no probable cause” that he misused his position to benefit himself with the sale of the property or that his relationship to the real estate company creates a recurring conflict with his public service.

Larry Kiker is listed as a part-owner of Lahaina Realty but is not involved in the business, according to the report, and was unaware that Lahaina Realty brokered the sale.

When the complaint was filed, Kiker counseled with the county attorney and submitted an amended lobby log for 2015 to reflect the meetings and talks, according to the recommendation submitted to the commission by its advocate, Elizabeth Miller. The advocate reviewed the case and made a recommendation on the ethics commission’s action. Throughout the investigation, Kiker said in the report the omissions from his lobby log were done in error, not on purpose, and that he had forgotten to include information such as the topic of conversation. His meetings were known both on his own calendar and several on County Attorney Richard Wesch’s own log.

Following the dismissal of the complaint, Kiker provided a statement.

“Last Friday, the Florida Ethics Commission found no probable cause related to the fabricated, exaggerated claims made against me. Though I believe the complaint was filed to further a politically motivated agenda during an election cycle, I respect the thorough process by which the commission reached it’s conclusion, and I thank the members for their service to the state,” he said. “Being an elected official is a privilege which requires an exceptional degree of responsibility; I take this responsibility very seriously.”