Ethics complaints dismissed against GRU CEO Ed Bielarski and State Attorney Brian Kramer

BY JENNIFER CABRERA

TALLAHASSEE, Fla. – At their December 6 meeting, the Florida Commission on Ethics dismissed ethics complaints against GRU CEO Ed Bielarski and State Attorney Brian Kramer for lack of legal sufficiency.

Complaint against Bielarski

The complaint against Bielarski, made by Robert Mermer, alleged that Bielarski was using utility ratepayer funds to “openly campaign and influence the outcome of an upcoming referendum in clear contravention” of Florida statutes. The complaint stated that GRU mailed out flyers with utility bills in October and also sent out information about the referendum on GRU governance to customers via email; the flyers alerted ratepayers that the referendum would be on the November ballot and, according to the complaint, provided “a comparison of one perspective on the consequences of a Yes versus a No vote.”

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The complaint also alleges that Bielarski’s “CEO’s Corner” page on GRU’s website used his “official authority as CEO to influence voters to oppose the referendum. This is a first degree misdemeanor, punishable by up to one year in jail.”

Complaint against Kramer

The complaint against Kramer, made by Thomas J. Kelly, alleged that Kramer violated the Florida Constitution and various statutes by filing an affidavit in a civil case to support the University of Florida’s position that Marsy’s Law protected certain UF employees from having to provide public records to Kelly.

Kelly alleged that because criminal charges against him were dropped, the employees were not protected by Marsy’s Law and Kramer was outside the bounds of his office because he was “tending to docketed legal matters outside of his official duties” although the Florida Constitution requires that “[a] state attorney… shall devote full time to the duties of the office.”

Both complaints dismissed for lack of legal sufficiency

Both complaints were dismissed for lack of legal sufficiency. According to the press release, “These reviews are limited to questions of jurisdiction and determinations as to whether the contents of the complaint are adequate to allege a violation of the Code of Ethics or other laws within the Commission’s jurisdiction. As no factual investigation precedes the reviews, the Commission’s conclusions do not reflect on the accuracy of the allegations made in these complaints.”

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