ETHICS COMPLAINT

vs. Joseph Adams, Esquire 

 PROPABLE CAUSE HEARING:

December 20, 2005

Mr. Ken Hinkle

1 John Anderson Dr. #55

Ormond Beach, FL 32176

RE: Complaint No 05-86, In re JOSEPH ADAMS,

Dear Mr. Hinkle:

The probable cause hearing in the above-referenced complaint is scheduled for consideration at the Friday, January 27, 2006, Commission meeting.  The meeting has been scheduled to begin at 10:00 a.m., in Room 412 of the Knott Building, 111 W. St A St., Tallahassee, Florida (Map enclosed).

 

Under the Commission rules, the Respondent, the Complainant, and their counsel may attend the hearing to observe the Commission’s deliberations. The Respondent and the Commission Advocate will be given five minutes each to provide statements to the Commission. No witnesses may be called at this hearing and no new evidence may be introduced.  The sole purpose of the probable cause hearing is to evaluate the results of the preliminary investigation. If you plan to attend the meeting, please notify our office at least one day prior to the meeting.

 

Please do not hesitate to contact this office if you have questions concerning this matter.

Sincerely,

(Signature)

Kaye B. Starling

Complaint Coordinator



ADDITIONAL DOCUMENTATION

STATE OF FLORIDA

COMMISSION ON ETHICS

ATTN  BEAU JACKSON INVESTIGATOR

P O DRAWER 15709

TALLAHASSEE FL  32317-5709

November 14, 2005

RE:  In re JOSEPH ADAMS, complaint No. 05-086

        Additional documentation as requested

Dear Mr. Jackson,

I apologize for taking longer than anticipated, but Hurricane Wilma caused quite a delay in communicating with parties down South.

In response to your telephone call requesting further documentation, I am sending additional documents to show Joseph Adams’ personal involvement in the Community Associations Institute condominium education courses.  In the document Adams is clearly named as the facilitator of minimum two of these courses, meaning he personally profits from the contract.  (Please see attached document:  CAI ANNOUNCEMENT CONDO COURSES.”)

This is just an announcement for a certain area of Florida, but it already names Adams twice as facilitator, showing he personally profits from the CAI contract.

Furthermore, as chair of the Advisory Council On Condominiums, Adams is trying to suppress public input in opposition to the CAI contract.  A presentation made at the Council meeting on March 31, 2005 earned this mention in the official minutes of the meeting: (quote)PUBLIC INPUT – Condo education Courses

Presentation by Jan Bergemann regarding education and outreach to the public.  Mr. Bergemann encouraged Division to use email capabilities to educate and keep public informed. Suggested more education to be offered through the web.” (unquote)

It seems that public presentations -- if they don’t fit in the concept of Chairman Adams – garner just a few words in the minutes, often not even reflecting the actual content of the presentation.  Adams’ Excuse:  “Minutes should just be the short summary of the events, not a detailed report.”  Please read here the original notes that were used by Mr. Bergemann to make his presentation.  (See enclosed document:  CONDO EDUCATION COURSES.”)  It is very obvious that the content of the presentation was altered to fit the needs of Chairman Adams.  

Even after Bergemann complained about the wording of the draft of the minutes and even before these minutes were approved, Chairman Adams didn’t take action.  Instead Adams tried to blame others for the obviously wrong minutes.

Please see e-mail exchange between parties in enclosed document:

E-MAIL EXCHANGE CONDO COURSE PRESENTATION.”

Despite the statements in his e-mail, Adams never brought up that issue again. The minutes are still written to serve Adams’ purpose and stand uncorrected!

Adams’ intention to have the minutes serve his own purpose became very obvious when he insisted at the Council meeting in Panama City on May 14, 2005 that the minutes must contain the exact wording of the exchange amongst Council members; Kara Collins-Gomez, Staff Director for OPPAGA (Office for Program Policy and Government Analysis); and Colleen Donahue, an attorney from the Office Of Condominium Ombudsman.  To quote Adams: “Minutes should just be the short summary of the events, not a detailed report.”   Why wasn’t Adams’ quoted statement about minutes used in this case? 

In my opinion, it is very obvious that Joseph Adams is using his official position as chair of the Advisory Council On Condominiums for his own profit – and the profit of Becker & Poliakoff, the law firm in which Adams is a shareholder.  Since Adams is also the chair of the Legislative Action Committee of Florida, he is also promoting the agenda of the Community Associations Institute while serving as chair of the Advisory Council On Condominiums.

Sincerely,

Ken Hinkle

1 John Anderson Drive # 515

Ormond Beach, FL 32176-5789

 

Enclosures 3:

CAI ANNOUNCEMENT CONDO COURSES, Schedule from NOV 05 – FEB 06

CONDO EDUCATION COURSES, Dated MAR 31 05

E-MAIL EXCHANGE CONDO COURSE PRESENTATION, Dated MAY 10-17 05


INITIAL COMPLAINT FILED 6/18/2005:

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT:

Name: Joseph Adams, Esquire  Telephone Number: (239) 433-7707

Address: 14241 Metropolis Ave, Suite 100

City: Fort Myers  County: Lee   Zip Code: 33912

Title of office or position held or sought: Member of the Advisory Council on Condominiums

 

3. STATEMENT OF FACTS:

Mr. Adams is a licensed, practicing member of The Florida Bar and a managing shareholder in a statewide law firm known as Becker & Poliakoff, P.A..   Mr. Adams and his law firm specialize in condominium and community association law.  At least two (2) attorneys (Gary Poliakoff, Esquire and Keith Poliakoff, Esquire) in Mr. Adams law firm are registered Florida lobbyists for the Becker & Poliakoff, P.A. law firm as their principal.  Based on the foregoing it appears that an irreconcilable and continuing conflict of interest exists between Mr. Adams’ personal interests as a lawyer and his public duties as a member of the Advisory Council on Condominiums.   Mr. Adams as chairman of the Advisory Council has advocated and promoted legislation in open Council meetings that were lobbied for by his law firm for the benefit of their clients. He also has used the Advisory Council as a vehicle to recommend to the Governor certain other legislation should be vetoed. This activity is not only outside of the statutory jurisdiction, functions and duties of the Advisory Council but also clearly perpetrated by Mr. Adam’s to further his own personal interests.

           

The procedural safeguards enacted by Chapter 112, Florida Statutes, are not sufficient to protect against Mr. Adams proposing, supporting or voting on recommendations that would favor or further the interests of himself, his law firm, his clients or principals and/or their firms and interests and any of their own political or social agendas and do not inspire and ensure the public’s confidence in his service on the Advisory Council on Condominiums. 

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