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Highlands Today

Ethics Complaint Filed Against Guy Maxcy

COMMISSIONER CALLS CHARGE 'HARASSMENT'

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By JIM KONKOLY

Highlands Today

Published: January 24, 2009

Updated:

SEBRING - An ethics complaint was filed on Friday against Highlands County Commissioner Guy Maxcy claiming he violated state ethics laws by voting on issues relating to AtlanticBlue and Blue Head Ranch.

In a complaint to the Florida Commission on Ethics, Preston Colby claimed Maxcy violated state ethics laws by voting twice on issues relating to AtlanticBlue's requests for a comprehensive plan amendment for its 65,000-acre Blue Head Ranch after abstaining from votes on three other occasions.

The proposed amendment, which has been tabled by the county, would allow for development of a stand-alone community for up to 125,000 people. The amendment would need approval by the county commission and the Florida Department of Community Affairs, which has cited eight objections to the plan.

According to Colby's complaint, Maxcy abstained from voting on measures relating to AtlanticBlue on March 24 and Sept. 2, 2008, and on Jan. 20 this year, citing a potential conflict of interest because he leases property from AtlanticBlue.

But, Colby's complaint states, Maxcy did vote on issues regarding AtlanticBlue's proposal on Dec. 23, 2008, and Jan. 13.

Maxcy called the ethics complaint "harassment."

He said his Dec. 23 and Jan. 13 votes were on strictly "procedural" issues and were not related to approval or disapproval of AntlanticBlue's proposal.

Colby said his complaint has nothing to do harassment.

"I have historically filed ethics complaints against any and all public employees whom I believe have violated the ethics laws," he said.

"Mr. Maxcy is not an exception nor is he unique," Colby added. "He has to obey the law like everybody else."

On March 24, 2008, Maxcy abstained from a vote, writing on the "Disclosure of Local Officer's Interest" form: "I lease property from a corporation that (State Representative) Baxter Troutman has ownership (in) - AtlanticBlue."

For a Sept. 2, 2008 vote by the county commission, Maxcy again abstained, stating on the disclosure form, "AtlanticBlue: I lease property from AntlanticBlue and therefore may be perceived to be to my special gain."

When Maxcy abstained from voting on Jan. 20, he wrote on the disclosure form, "I lease property from AtlanticBlue."

Maxcy did vote on Dec. 23 on a motion to table a public hearing on the proposed AtlanticBlue comprehensive plan amendment. The motion was approved unanimously.

On Jan. 13, Maxcy voted as the county commission unanimously decided to delay submitting three large-scale comprehensive plan amendments to the state DCA - for the AtlanticBlue project and the proposed Lake Placid North and Lake Placid South plans - until the county's comprehensive plan is updated.

The Lake Placid North and South proposals would allow for development of up to 9,943 housing units, plus retail and office development, in the areas north and south of the town.

"I've heard about it, and I'm checking into it," Maxcy said Saturday about the ethics complaint filed against him.

"I am being harassed again by Preston Colby," he added.

Maxcy said he is reviewing the issue with county Attorney Ross Macbeth.

"Voting to table or postpone something is procedural and I don't think that is in conflict with any voting," he said.

Colby said Maxcy pointed out his conflict of interest in voting on measures related to AtlanticBlue when he abstained from voting three times.

"He saw a need to abstain in three cases," Colby said. "Otherwise, he had to vote. He, himself, declared a conflict in three cases, twice before and once after these (Dec. 23 and Jan. 13) votes."

Highlands Today reporter Jim Konkoly can be reached at 863-386-5855 or e-mail jkonkoly@highlandstoday.com

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