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BUTCH ELLSWORTH STILL DOESN'T GET IT
 "I DIDN'T DO ANYTHING WRONG!!!"

But, click here to read the whole story
by the Florida Ethics Commission
about "Sid's Boy Butch".

And, click here to see
Governor Crist's Executive Order of
Butch's fine, public censure and reprimand.

RECOMMENDED that a final order be entered finding that
Irving Ellsworth violated Subsection 112.3143(3)(a), Florida Statutes,
and recommending the imposition of
(1) public censure and (2) reprimand, and (3) a civil penalty of $5,000.

DONE AND ENTERED this 11th day of January, 2006, in
Tallahassee, Leon County, Florida.

SUSAN B. HARRELL
Administrative Law Judge

All three branches of the City of Treasure Island's government were involved in this corruption of the public trust:

  1. Legislative - Commissioner Butch Ellsworth
    ("Respondent testified on his behalf and called Charles Coward as a witness.")
  2. Executive - City Manager Chuck Coward
    (who was the sole witness in behalf of Ellsworth for multiple reasons)
  3. Legal - City Attorney James Denhardt
    (who had been advised by the State's attorney Anderson to tell Ellsworth to recuse himself from the vote, but did not do so for fear of losing his job as City Attorney)
FINDINGS OF FACT
1. Ellsworth served as a member of the Treasure Island City Commission from 1998 to 2004.
2. Ellsworth is subject to the requirements of Part III, Chapter 112, Florida Statutes, the Code of Ethics for Public Officers and Employees for his acts and omissions during his tenure as a city commissioner for the City of Treasure Island (City or Treasure Island).
6. In January 24, 2000, Ferguson met with Lynn Rosetti (Rosetti) and City Manager Chuck Coward to discuss things that could be done with the Rice property at the north end of Treasure Island. On January 30, 2000, Ferguson and Sid Rice met with Rosetti and the City manager to discuss some kind of hotel or resort that included mixed uses such as a mix of commercial, residential, and hotel. Ferguson and Rice also inquired about the possibility of vacating a right of way and about a height variance.
20. At the time of Ellsworth's votes for Resolution 02-48 and Ordinance 02-06, he was employed as the general manager of John's Pass Marina, Inc., and also worked for Gator's on the Pass, Inc. Agnes Rice is the sole owner of John's Pass Marina, Inc., and has an ownership interest in Gator's on the Pass, Inc.
28. When interviewed by an investigator for the Commission on Ethics in this case prior to Ellsworth's voting on Ordinance 02-06 on October 8 and 22, 2002, Ellsworth advised the investigator that he was employed by A.E. Rice, Inc. Ellsworth was not employed by A.E. Rice, Inc., at the time he told the investigator that he was employed by A.E. Rice, Inc., and he has never been employed by A.E. Rice, Inc., which does not exist.
31. Prior to his votes in October 2002...
The City attorney never advised Ellsworth that Ellsworth had a conflict, but he felt that it was a close call and abstention would be supportable.
35. A few days before Ellsworth spoke with Anderson, (staff counsel for Commission on Ethics) Anderson had a conversation with the (Treasure Island) City attorney (James Denhardt) concerning Ellsworth voting on the changes to the LDRs. Anderson told the City attorney (Denhardt) that Ellsworth was "going to step on a snake twice; it's a no-brainer; don't vote on it again when it comes back."
41. At the time of his voting, Ellsworth knew that the amendments to the LDRs would affect Agnes Rice and John's Pass Marina, Inc. Technically, he received a salary from John's Pass Marina, Inc., and Gator's on the Pass, Inc. However, the evidence is clear and convincing that Ellsworth considered himself to be employed by the Rice family, and, in particular, Agnes Rice at the time of this voting. His statements to the investigator for the Commission on Ethics, his conversation with the staff attorney for the Florida Commission on Ethics in September 2002, and his past practice of abstaining on voting on matters involving land owned by the Rice family support this conclusion.

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