The Florida Commission on Ethics has found probable cause to believe Public Defender Matt Shirk misused his office and position.
Several findings of probable cause were reached during a recent closed session of the Commission, including that Shirk misused his position to hire and fire three women for personal interest, that he misused his office by serving or consuming alcohol in a City building, and that he disclosed or used information not available to the public for his benefit during an interview with a documentary crew.
There was a finding of no probable cause that Shirk misused his position to provide key card access to people. Another allegation- that Shirk misused his position and public resources to install a private bathroom and shower in his public office- was dismissed as no probable cause.
The Florida Commission on Ethics says Shirk now has the option to either reach a stipulation- or a settlement- with the Commission Advocate in the Attorney General’s Office, or he can request a full evidentiary hearing in front of an administrative judge. If there are any sustained claims after that, the Commission would recommend action that’s ultimately decided on by the Governor.
A finding of probable cause is not a determination that a violation has occurred. The findings do not impact Shirk maintaining his current position in office, which serves Duval, Clay, and Nassau counties.
The complaints
Shirk has been facing questions since 2013, when his process for hiring and ultimately firing several women was deemed to be outside of the normal protocol for his office. A grand jury ultimately determined there was an inappropriate relationship with one of the women- and Shirk's wife's response to that led to the woman's firing.
He also has admitted in the past to allowing drinking in his office during off-hours, even though that’s against City law.
The complaint over use of non-public information stems from an interview Shirk performed on the Cristian Fernandez case. Shirk told the documentary crew things which Fernandez had said to him while Shirk was his lawyer, meaning it should have been privileged. Shirk says Fernandez gave him permission to speak out, but the grand jury could find no evidence of that and noted that it wouldn’t have mattered because Fernandez was too young to consent to that.
Past investigations
A grand jury determined Shirk shouldn't be criminally indicted, but did urge him to resign when their findings were made public in December 2014. Shirk vowed to stay in office and, at the time, the Governor chose not to intervene.
The Governor had previously- in August 2013- appointed a State Attorney to conduct the investigation on claims against Shirk. All of this work was then referred to the Florida Commission on Ethics for their investigation.
Under law, the investigation to this point has been confidential. Now that the Commission has put out findings, the proceedings moving forward will be public.
Ethics investigation
The Report of Investigation from the Florida Commission on Ethics now obtained by WOKV gives some new insight in to the specific claims against Shirk.
Regarding the three women that were hired outside of what’s considered normal protocol, the report says one was believed to have been hired because of her ties to a political supporter of Shirk’s- former FOP President Nelson Cuba. Both dispute that, but the report adds that there were ties between the woman’s family, Cuba, and some employees in Shirk’s office.
With another woman that was hired, Shirk admits her looks were a part of the decision, according to the report. She had experience as a paralegal as well, but did not experience the standard order of interviews and paperwork. The report says it was a similar situation for a friend she recommended for another post in the office.
Shirk acknowledged he was “probably” too friendly with the women, according to investigators. When his wife heard rumors of those relationships, she allegedly told one woman she could quit or be fired. Ultimately, all three were fired. Shirk says his wife’s feelings were not a factor.
That relationship was connected to the claim of alcohol in the office as well. An employee told investigators there was at least one occasion he found Shirk taking a shot in his office with two of the women. Shirk told investigators he didn’t know about the City law banning alcohol in City buildings at the time, and also never drank himself, although one of the women said he did have a drink. While Shirk says the women were off the clock, one says they were not.
The Commission ultimately found probable cause Shirk violated Florida statute by hiring outside of policy, “engaging in inappropriate workplace interactions for his personal gratification", and firing the women to benefit his marriage.
No probable cause claims
When it comes to having a private bathroom and shower installed in his office, Shirk told investigators he was under the impression the City had initially nixed both, and later allowed the bathroom but not the shower because of cost. He says the decision of what was ultimately constructed was made by the Police and Fire Pension Fund, who owned their office building.
The documents confirm Shirk didn’t further pressure anyone into adding the shower, but it happened through moving around money but not affecting the overall project budget. Because of that, the claim that he used his office to influence the decision was found not to have probable cause.
No probable cause was also found with claims Shirk misused his office to give key cards to his wife and son, and ultimately not just stop their access but delete their records. The Commission couldn't find direct implication Shirk wanted anything more than their access ended, and even that was upon a suggestion from one of his top staffers. It appears that staffer is the one who ensured the records were also deleted, claiming he didn't know that violated public records laws.
Shirk’s response
Shirk is currently traveling, but issued a statement asking for forgiveness.
"Last week I traveled to Tallahassee to meet with the Florida Ethics Commission on matters that happened about three years ago. I waived my right to have an attorney and simply told the ethics commission that I was sorry for the mistakes I have made and merely put myself at their mercy. I apologized to them as I have apologized to the grand jury, the employees of the Public Defenders Office, the citizens of Nassau, Duval, and Clay Counties, and most importantly my wife and family. I don’t claim to be a perfect man, and I thank God that through his grace and love I am a better man today than I was then. But I pledge to everyone that I have learned from my mistakes. I ask again for your forgiveness and pledge to being a faithful public servant, the best Public Defender I can be, and a man of honor and integrity,” the statement says in its entirety.
We’ve have requested information on whether he intends to reach a settlement or request a full hearing.
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