There's probable cause to believe Baugh broke ethics laws in 'vaccinegate,' state says
Baugh could lose office if Florida Commission on Ethics finds she misused her office with Lakewood Ranch COVID-19 vaccine clinic, 'VIP list
UPDATED with comments from Vanessa Baugh’s attorney. See below.
Manatee County Commissioner Vanessa Baugh is being held to account for her role in “vaccinegate” earlier this year.
The Florida Commission on Ethics on Wednesday said in a news release it had found probable cause to believe the Republican commissioner in February abused her office “to obtain a disproportionate benefit by placing her own name at the top of Manatee County’s randomly selected list of recipients to receive a COVID-19 vaccination,” a violation of the state constitution.
“In addition, probable cause was found to believe Ms. Baugh misused her position or public resources to assign vaccine distribution priority to serve specific individuals and zip codes, contrary to Manatee County's COVID-19 vaccination policy,” under which residents were suppose to be selected randomly to receive a vaccine, which at the time were in short supply.
Baugh, who appeared before the ethics commission on Friday, has not responded to numerous emails from The Bradenton Journal seeking comment on the ethics commission investigation.
But after initial reports of the ethics panel’s findings, Baugh told Bradenton Patch earlier this week she was looking forward to the next step of the process.
"I am looking forward to the next stage of this probe to bring truth and perspective to these allegations and clearing my name," Baugh told Patch.
‘(N)ot an adjudication of guilt’
On Wednesday, her attorney, George Levesque, issued a statement in which he emphasized that Baugh has not been found guilty of anything, and that she had not violated any ethics rules.
“The Commission's decision to find probable cause is not an adjudication of guilt, but simply a decision to allow the matter to proceed to the next phase,” Levesque said. “It was by no means a unanimous decision, which speaks to the real concerns as to whether any law was violated and the complex nature of these types of cases. Some Commissioners noted the clear political nature of the attacks, expressing significant reservations with moving forward.
“We look forward to this next phase of the proceedings to bring truth and perspective to the allegation and to demonstrate that Commissioner Baugh did not violate any law and did not violate any of her ethical obligation to her constituents,” Levesque said.
According to ethics commission procedures described on its website, a finding of probable cause, which might be compared to an indictment in a criminal case, comes after an investigation by the commission’s staff of any complaints filed against a public official.
“If the Commission finds there is probable cause to believe there has been a violation of the ethics laws, it must decide whether the law was violated and, if so, whether a penalty should be recommended,” the ethics commission’s website states. “Either the Respondent can request or the Commission may order a public hearing (trial) at which evidence will be presented.”
A public hearing on any ethics charges can be avoided if Baugh and the ethics commission reach a settlement of the charges. Possible penalties range from civil penalties of up to $10,000 per allegation to removal from office.
Baugh organized vaccine event in Lakewood Ranch
Baugh drew local, statewide and national scorn in February after she organized, with the help of local real estate developers Pat Neal and Rex Jensen and Gov. Ron DeSantis, a COVID-19 vaccination clinic exclusively for residents of two zip codes in the Lakewood Ranch area, even after the county commission said it wanted vaccinations to be open to all residents.
DeSantis appeared in Lakewood Ranch for the opening of the pop-up clinic. In response to questions about the exclusivity of the event, DeSantis threatened to send vaccines intended for Manatee elsewhere if people here didn’t want them
It was also revealed that Baugh had placed her name and those of four others, including Lakewood Ranch developer Jensen, on a “VIP list” of people she wanted to make sure got a vaccine at the event at Premier Sports Campus in February.
Baugh apologized to DeSantis and her fellow commissioners for her actions, but she added: “I’d do it again.”
The ethics commission announcement is the first time Baugh has been asked to account for her role in the controversy. The commission voted 4-3 to keep her as their chairwoman, and the Manatee County Sheriff’s Office concluded that while Baugh intended to benefit herself, and the governor, she had not broken any criminal laws covering official misconduct or misuse of office.
In the sheriff’s office’s 113-page report on the matter, however, an investigator noted that a counterpart from the ethics commission reported that at least 18 ethics complaints had been filed against Baugh.
A separate investigation also uncovered text messages that revealed that Baugh hoped to help DeSantis politically by organizing the vaccine event.
Baugh, a strong supporter of DeSantis and former president Donald Trump, in November 2020 was re-elected to a third term representing District 5, which is comprised of Lakewood Ranch, Myakka City and other parts of East Manatee. She received almost 88% of the vote, with her only challengers being write-in candidates.
Soon after, with the support of three newly elected commissioners, she was elected chairwoman.
The three first-term commissioners — George Kruse, James Satcher and Kevin Van Ostenbridge — later helped Baugh keep her chairmanship after attempts by other commissioners to remove her.
Florida Agriculture Commissioner Nikki Fried, a Democrat now running for governor, earlier this year called on DeSantis to suspend Baugh from office, a request the governor has ignored.
Coincidentally, the ethics commission on Wednesday it had found probable cause to believe Fried had violated the state constitution and financial disclosure law by “failing to accurately disclose income,” on disclosure filings for 2017 and 2018.
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