Published
September 5, 2005
In
a letter dated August 3, 2005, the Senior Attorney C. Christopher
Anderson, asked the condo owner, who filed the original
ethics complaint against Condo Advisory Council chairman Joseph
Adams, for more specific details. Below is the amended version of the
ethics complaint, detailing the alleged ethics violation. The filed
complaint obviously speaks for itself!
In re JOSEPH ADAMS, Complaint No. 05-086
More detailed information as requested in your
letter dated August 3, 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.
Here
are more details:
1.
Irreconcilable and continuing conflict of interest: Mr. Adams
is a managing shareholder of the statewide law firm of Becker &
Poliakoff. This law firm with its lobbying group CALL is one of the
leading organizations lobbying for association laws. Mr. Adams was
himself at various occasions in Tallahassee to lobby for – or against
-- specific bills. Mr. Adams is further a member of the nation-wide
trade organization Community Associations Institute (CAI). He is also
the Chair of CAI-FLA, the lobbying group of the Community Associations
Institute. In both capacities he has a wide range of conflicting
interest that serves his law firm, its clients and the members of the
trade organization.
- Mr.
Adams was one of the most outspoken proponents of HB 1593/SB 2062
during the 2005, a bill that was openly supported by his law firm,
claiming to serve the interest of their clients.
In the meetings of the Council in January and February, Mr.
Adams, as the chairman, dedicated many hours of the meetings to the
discussion of the bill. Please note that the legislative intent of
creating this council was to give the public the possibility to
voice their opinion and make proposals as to necessary legislative
reforms. According to our information not one public speaker had
asked for this issue to be discussed. Even after the House
Committee on CIVIL JUSTICE severely amended HB 1593 on Wednesday,
March 30, 2005, and directed the Council to hold public hearings
(quote of amendment), Mr. Adams, who was present at the committee
hearing, used council time on March 31, 2005, to continue his
lobbying for this bill, clearly ignoring the guidelines of the
legislature!
- The
Community Associations Institute (CAI) is the designated educational
provider for the State of Florida's Department of Business and
Professional Regulation, Division of Florida Land Sales,
Condominiums, and Mobile Homes. This contract is worth up to $
500,000 for the trade organization and its members. Mr. Adams is one
of the leading executives of this trade organization here in
Florida. This contract has come under heavy fire by the public
during different Council meetings. Many proposals and suggestions
have been made by members of the public in order to reform the
education concept that would not only reduce the cost, but avail
this education to a much bigger audience. Please note that this
contract is paid for by the Condo-Trust-Fund. This fund is financed
by all Florida condo-owners. This contract actually only
serves up to 5000 selected board members a year. Mr. Adams has
constantly tried to minimize the criticism of the public. He even
allows the minutes of the meetings to be biased in favor of the
education contract. In minimum one case the minutes didn’t even
reflect the harsh criticism of a public speaker. Mr. Adams refused
to make changes to the minutes despite being asked to do so after
the minutes were published. Mr. Adams is clearly trying to protect
the CAI education contract – a contract he and his firm definitely
profit from directly. Minimum three other members of the Council are
members of the CAI. The education contract was renewed in June 2005
without the Council informing the DBPR about the many objections of
the public. Please note that the Council was created for the purpose
of helping the legislature and government officials to find
solutions to problems. The education contract is a clear example
that Mr. Adams is not interested in performing the duty as a
chairman if it goes against the interests of his law firm and their
clients.
- It
is important to notice that Mr. Adams’ position as a leading
member of the law firm of Becker & Poliakoff is well known among
Florida’s condo-owners. Many public speakers, especially owners
whose associations are legally represented by Becker & Poliakoff,
commented on this issue and felt intimated by his presence and the
fact that he in his position as the chair of the Council holds
considerable power. Mr.
Adams doesn’t need any member of his firm to appear in front of
the Council. He is in charge of creating the agenda, which gives him
the opportunity to add the issues he wants discussed at the
meetings. Other members of the Council have serious difficulties to
have their issues added to the agenda.
- The
law firm of Becker & Poliakoff is well known for its lobbying
efforts in Tallahassee. This law firm created and organized the Community
Association Leadership Lobby (CALL), one of the strongest lobbying
groups regarding association reforms in Tallahassee. The chair of
this lobbying organization is Donna Berger, Esq., another member of
the Becker & Poliakoff law firm. The Senate list of legislative
lobbyists shows five officially registered lobbyists for that
law firm.
- Without
public input, but on request of council member Mike Andrew – who
is working for the Marriott Vacation Club -- the Council chaired by
Mr. Adams decided to write an official letter signed by the Council
asking Governor Bush to veto SB 1520. This is not an argument about
the bill being good or bad, it’s about the abuse of power favoring
council members’ interests. Please
note that this Council was created by the Florida Legislature to
help reforming existing laws after hearing public input, see FS 718.50151.
Any official input from the Council carries considerable weight
among Florida’s legislators and government executives.
- Mr.
Adams own personal interests are pretty obvious. Having the Council
ignore or minimize the influence of public input asking for
necessary reforms creates bigger income for him and his law firm,
being the biggest Florida law firm specialized in association law.
As a shareholder he definitely profits from lack of reforms, which
keeps law firms in business, much to the disadvantage of the owners.
End of Ethics Complaint
I
hereby also request that Mr. Richard Spears will recuse himself from the
proceedings regarding the ethics complaints against Mr. Joseph Adams.
Mr. Spears is a close affiliate of Mr. Adams. As a former leading
executive of the CAI Mr. Spears is working closely with Mr. Adams on
association law and was heavily involved in lobbying for HB 1593.
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