Ethics staff advise dismissing portions of Haney complaint after change to investigatory standard; commission adopts order

The Commission on Ethics adopted a staff-drafted order narrowing the allegations in complaint 17-107 (Ann Ray, Susan Haney) after staff concluded a 2024 amendment to the investigatory jurisdiction standard limits the commission to allegations based on personal knowledge or information other than hearsay.

Amelia Naomi, staff attorney, explained that section 112.324 (as changed in 2024) restricts the commission’s jurisdiction to allegations grounded in personal knowledge or admissible non-hearsay evidence. Staff reviewed the Haney complaint and concluded that only the allegations alleging inaccuracies in Form 1 financial-disclosure filings (years listed in the record) are legally sufficient under the new standard; other allegations resting on news articles would be inadmissible and therefore dismissed.

Commission counsel, outside counsel Mark Herron, and commissioners discussed whether applying the new standard to pending cases constituted retroactive application. Staff and counsel said the statutory language does not specify a future-only effective date and that appellate precedent supports applying jurisdictional changes to active matters; commissioners sought and received clarification that the order is limited to the facts and filings before the commission.

Chair called for a roll-call vote to adopt the draft order and the motion passed. The commission directed staff to sign and enter the adopted order in due course.