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TALLAHASSEE Gov. Rick Scott recruited a Louisiana state official as the replacement for Florida's chief insurance regulator weeks before he publicly called for the regulator's removal as part of a second-term reorganization.
Scott's office confirmed Monday that it asked for a resume from Ron Henderson, 45, the deputy insurance commissioner for consumer advocacy in Louisiana. His name was pitched to Scott by a Tallahassee lobbyist for the insurance industry, Fred Karlinsky, a friend of Scott's and co-chairman of his recent second inaugural.
Henderson was being considered as a replacement for Kevin McCarty, who has headed Florida's Office of Insurance Regulation since 2003 and plays a critical role in setting the property insurance rates that affect all Florida homeowners and businesses.
Karlinsky, a Fort Lauderdale-based lawyer, recently switched law firms and joined Greenberg Traurig, one of the state's most politically active.
Scott last month appointed Karlinsky to a prestigious state board, the nine-member Supreme Court Judicial Nominating Commission. That gives the lobbyist a seat at the table in recommending who should be the high court's next justice.
Karlinsky has had a tense relationship with McCarty's office, and the lobbyist is on friendlier terms with Henderson. Karlinsky and Henderson were co-presenters at an insurance regulation seminar on ethics in New Orleans in July, sponsored by the Louisiana Department of Insurance.
Karlinsky has twice donated $5,000 to the election campaigns of Henderson's boss, Louisiana Insurance Commissioner James Donelon, in 2009 and 2013.
Scott's office reached out to Henderson while the governor was at the center of a growing furor over his office's sudden December ouster of Gerald Bailey, the long-time commissioner of the Florida Department of Law Enforcement. That move has led to calls for an outside investigation by two Cabinet members Chief Financial Officer Jeff Atwater and Agriculture Commissioner Adam Putnam.
McCarty, like Bailey, does not report only to Scott, but also to the three independently elected Cabinet members. All three said they were blind-sided by the removal of Bailey and all three belatedly criticized the way Scott's office orchestrated it.
By law, the hiring of an insurance regulator requires Scott and Atwater to agree.
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Scott already eyeing replacement for state's top insurance regulator
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UPDATE: Gov. Rick Scott's office confirms that it sought to recruit a Louisiana insurance official as a possible replacement for Florida insurance regulator Kevin McCarty before Scott publicly suggested last week that McCarty be replaced.
An online news service that covers the insurance industry, SNL, first reported that Scott's office asked Louisiana Deputy Commissioner of Consumer Advocacy Ron Henderson to interview for McCarty's job weeks before Scott said he was looking for "new leadership" at OIR. SNL said it learned about Scott's interest in Henderson from Henderson's boss, Louisiana Insurance Commissioner James Donelon, who alerted McCarty.
Donelon has received campaign contributions and free meals from Fred Karlinsky, a long-time Tallahassee insurance industry lobbyists with close ties to Scott, Louisiana public records show. Karlinsky was a leading fund-raiser for Scott's recent second inauguration and Scott appointed Karlinsky last month to the Supreme Court Judicial Nominating Commission.
In response to Times/Herald inquiries, Scott's office issued the following statement:
"As we made the transition to a second term in office, Ron Henderson was brought up as a possible candidate for Commissioner of OIR. We reached out and asked for his resume. We did not discuss Mr. Henderson with other Cabinet staff. As the governor said last week, the next Cabinet meeting would be a good time to discuss a process to begin a full search for new candidates to lead OIR, OFR and DOR. The governor believes government needs to be more like business and frequently change leadership to bring in new ideas and fresh energy.
"He (Henderson) came to me to advise me that he had been invited to interview, and with my blessing, he said he would indicate that he was interested," Donelon told SNL in an article published last Friday, Jan. 23. "That was about two weeks ago. It was a while before all the news hit the media last week."
Donelon told SNL he gave McCarty a heads-up.
"I was in California for the committee assignment meeting last weekend and told Commissioner McCarty that I had been apprised of that," Donelon said. "I was not lobbying for his removal or replacement, but I did give my deputy the approval to go forward."
Donelon said he did not know if Henderson was pursuing the Tallahassee job. Scott's office has not commented on the SNL report.
McCarty does not report only to the governor. He also reports to all three Cabinet members, as did Gerald Bailey, former commissioner of the Florida Department of Law Enforcement (FDLE), who was ousted from his job Dec. 16 by Scott's office but without the knowledge or concurrence of the Cabinet members.
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Gov. Scott's office confirms it eyed La. official in place of McCarty
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Replacement Cabinet Doors -
January 24, 2015 by
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Replacement Cabinet Doors
By GARY FINEOUT and BRENDAN FARRINGTON - Associated Press - Wednesday, January 21, 2015
TALLAHASSEE, Fla. (AP) - The abrupt ouster of the leader of Floridas main law-enforcement agency could lead to a major shake-up in how the state Cabinet and the governor hire top officials.
Agriculture Commissioner Adam Putnam on Wednesday called for an overhaul of how the state Cabinet approves agency heads. Putnam also wants to change how the governor and Cabinet oversee several departments.
Floridas other two Cabinet members, Attorney General Pam Bondi and Chief Financial Officer Jeff Atwater, also expressed concerns about the appointment process after Gov. Rick Scott forced the resignation of Florida Department of Law Enforcement Commissioner Gerald Bailey and then asked the Cabinet to name his hand-picked replacement to the job.
All three Republican Cabinet members last week approved Rick Swearingen to replace Bailey, but after the vote said they werent aware that Bailey, who had held the position since late 2006, was forced to step down. Bailey later told the Tampa Bay Times/Miami Herald about political interference and unethical requests from Scott, his staff and his campaign team.
The uproar over Baileys ouster has prompted calls for outside investigations and other state elected officials to question what happened. Democratic legislators this week said the states ethics panel should consider probing the incident, while outside watchdog group Integrity Florida said it has a sent a letter to a federal prosecutor and the FBI requesting them to look into Baileys allegations.
The recent process behind the appointment of a new FDLE Commissioner has raised serious questions, and those questions should be answered to ensure transparency, and the publics right to know, Bondi said in a news release.
She said she wants the matter to be addressed at the next Cabinet meeting Feb. 5.
Many agency heads, including those in charge of the states health department and prison system, report only to the governor. But a handful of agencies report to both the governor and the three Cabinet members.
Atwater sent a letter to Scott on Tuesday night saying he wants to do a new search for an FDLE commissioner. Scott replied in his own letter that a new search could be done, but then stated he wants to keep Swearingen in the job to prevent unnecessary turmoil. Scott then said he wants to discuss firing three other state officials, including Insurance Commissioner Kevin McCarty. He said government should frequently change leadership to bring in new ideas and fresh energy.
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Ouster of Florida's top cop could spark power shift
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By JIM TURNER and MARGIE MENZEL
TALLAHASSEE Chief Financial Officer Jeff Atwater wants the Florida Cabinet to reconsider how it handled the controversial change in leadership at the Florida Department of Law Enforcement.
But Gov. Rick Scott is not backing the request. Instead, the governor would like the cabinet to discuss making additional leadership changes at the Office of Insurance Regulation, the Office of Financial Regulation and the Department of Revenue.
Atwater sent a letter Tuesday to Scott expressing concern with the way longtime FDLE Commissioner Gerald Bailey left the agencys top job. Atwater added that even though a replacement was approved last week, a search should be held for a new commissioner.
Attorney General Pam Bondi, left, and Gov. Rick Scott listen to a speaker during a meeting of the Florida Cabinet in 2013. (AP Photo / Phil Sears)
A professional search would give the residents of Florida a full and complete understanding of the qualifications of the person selected to lead one of the states largest law enforcement agencies, and help reassure the employees of FDLE that the agencys leadership will be in the hands of a highly qualified individual with an unimpeachable reputation, Atwater wrote to Scott.
But Scott rejected the request, responding in a letter to Atwater that he would not support replacing the newly named commissioner in order to avoid unnecessary turmoil within the FDLE.
The FDLE commissioner position is a cabinet-level appointment. The cabinet last week approved Scotts second-term recommendation of Rick Swearingen, the former head of the Capitol Police, as the new FDLE leader.
Cabinet members Atwater, Attorney General Pam Bondi and Agriculture Commissioner Adam Putnam said after the meeting they had been advised that Bailey resigned but acknowledged they did not inquire into the circumstances.
Scott told reporters that Bailey had resigned. Bailey, however, disputed that, telling the Tampa Bay Times that I did not voluntarily do anything. A spokeswoman for Scott later that day issued a statement that the governor thinks its important to frequently get new people into government positions of leadership.
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Amid FDLE controversy, Scott wants more agency changes
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TALLAHASSEE Florida Cabinet members are turning up the heat on Gov. Rick Scott over the botched removal of a top state police official, with Attorney General Pam Bondi raising "serious questions" about Scott's conduct.
Bondi on Wednesday became the last of the three elected Republican Cabinet members to distance herself from the ouster last month of Gerald Bailey as commissioner of the Florida Department of Law Enforcement. Bailey alleges that Scott and his aides meddled in law enforcement business and used strong-arm tactics to pressure him to resign.
Taking indirect aim at Scott on his preference for secrecy over transparency, Bondi said that she and the public have a right to know the truth and that she would insist that the Bailey matter be discussed "thoroughly and in the sunshine" at the next Cabinet meeting Feb. 5.
"The recent process behind the appointment of a new FDLE commissioner has raised serious questions, and those questions should be answered to ensure transparency and the public's right to know," Bondi said in a statement that held back on explicitly criticizing Scott or anyone in his administration.
The firing has mushroomed into the messiest controversy of Scott's governorship and tarnished the start of his second term. At the same time, Cabinet members, at least two of whom are expected to run for governor in 2018, are frantically trying to extricate themselves from an issue that they could have avoided.
By law, the head of the FDLE works for the governor and Cabinet. All three Cabinet members have said they did not anticipate Bailey's ouster, but not one of them publicly questioned the decision at last week's Cabinet meeting. Agriculture Commissioner Adam Putnam was the first to fault Scott's actions.
Bondi's extended silence was watched closely by the state's close-knit law enforcement network because, as the state's chief legal officer, her office works with law enforcement officials at all levels.
"I take the rule of law very seriously, especially in matters affecting the safety and security of the people of Florida," Bondi said.
Her statement came a day after Chief Financial Officer Jeff Atwater broke ranks with Scott and fellow Cabinet members, calling for a new search for Bailey's replacement. Rick Swearingen, a 30-year FDLE employee, was Scott's handpicked choice for the job.
"We need a better process," Atwater said. "One that's transparent."
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Attorney General Pam Bondi joins Cabinet scrutiny of Gov. Rick Scott's actions in FDLE firing
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TALLAHASSEE --
The controversy continues over the head of the Florida Department of Law Enforcement.
Gov. Rick Scott got rid of the old commissioner and has already picked a new one, but Chief Financial Officer Jeff Atwater wants him to reconsider that choice.
Atwater is a statewide elected official with an obscure title, but now he's becoming a powerful voice in a scandal brewing in the governor's office.
"The allegations that I've read, I think, are serious," he said.
When the Florida Cabinet voted last week to pick a replacement for long-time FDLE Commissioner Jerry Bailey, Atwater said he assumed Bailey retired voluntarily, so he voted yes.
It was only after Atwater voted that he learned Bailey was forced out by Scott. Bailey said he was let go because of campaign politics.
Atwater said that he wants a new vote now.
"You're right: we can always do better," he said. "Why don't you bring some recommendations to the Cabinet? Secondly, the Cabinet can open, revisit, the selection process of the commissioner."
On the state Cabinet, every member is created equal. It doesn't matter if you are the governor, the attorney general, the agricultural commissioner or the chief financial officer. That means that what Scott says isn't necessarily the final word.
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Scott, Atwater do battle over FDLE chief controversy
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Agriculture Commissioner Adam Putnam said Wednesday that he does not believe the solution to the botched dismissal of former Florida Department of Law Enforcement Commissioner Gerald Bailey is to start over and redo a vote on the new commissioner.
Our collective concern has been focused on the way Gerry Baileys dismissal was handled, not on the way Rick Swearingens hiring was handled, Putnam told the Herald/Times, a day after Chief Financial OfficerJeff Atwaterhand-delivered a letterto Gov.Rick Scottasking to reopen the search for a new commissioner of the Florida Department of Law Enforcement.
Im not sure that this proposed cure matches the disease that were concerned with.
Putnam and his fellow Cabinet members, Attorney General Pam Bondi and Atwater, have been stung by their decision to let Scott and his staff mislead them into thinking that Bailey voluntarily resigned from the post on Dec. 16. Scott initially claimed it was voluntary and then, when pressed last week, admitted he forced Bailey out.
The Cabinet unanimously voted to replace Bailey last week with Scott's hand-picked choice, Rick Swearingen, a former FDLE agent who served on the governor's security detail often during much of the governor's first term.
Putnam said he is concerned about the disruption of a vote to backtrack on Swearingens unanimous election by the Cabinet last week. My primary focus is that we have strong leadership and stability at FDLE, he said. The proposal late Tuesday by Chief Financial Officer Jeff Atwater to backtrack the vote that elected Rick Swearingen with a candidate being pushed by Atwater is. Theyre a long way from that in terms of stability given everything thats going on.
We should be very cognizant about how we are managing and how we are empowering the leadership of that agency, and their work on a day to day basis, based on concerns, frustrations, anger about the way the previous leader was treated.
Now, Putnam said, he wants to see the governor and the three independently-elected members of the Cabinet exercise more authority, deliberation and transparency in discussing all decisions before the board.
He said Scotts response to Atwater,which indicated that the governor wants to clean house of three other agency heads appointed by the Cabinet, is an opening for a new discussion.
Scott responded to Atwater late Tuesday that he wants the Cabinet to consider discussing the removal ofKevin McCarty from his job as Florida Insurance Commissioner;Marshall Stranburgfrom his post as executive director of theDepartment of RevenueandDrew J. Breakspearfrom his job as Commissionerof theOffice of Financial Regulation.
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Putnam disagrees with Atwater: redo hiring Swearingen hire is too disruptive
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Home Minister withdraws resignation letter after marathon meeting with Chief Minister
SHILLONG: In a sudden development, Roshan Warjri, who quit two months ago from the Congress-led government, has decided to return to the cabinet as Home Minister. Announcing that Warjri has withdrawn her resignation, Chief Minister Mukul Sangma on Tuesday said, I am happy to inform that the home minister, who submitted her resignation, has reconsidered her decision after we convinced her to remain in the Cabinet. The Chief Minister made this surprise revelation amidst speculations that he will induct a new member in the Cabinet as Warjris replacement. Warjri, the first woman Home Minister in Meghalaya, resigned on November 20, 2014, owning moral responsibility for the deteriorating law and order situation in the Garo Hills. However, the Chief Minister did not accept Warjris resignation then. Sangma managed to convince Warjri to take back her resignation after a marathon meeting which lasted for several hours at his chamber on Monday, sources said. Finally, I manage to convince her today. She will be holding the same portfolios, the Chief Minister said. Besides Home (Police), she was also incharge of Home (jails) and PWD (building). Meanwhile, Sangma also hinted to a reshuffle in his council of ministers. The Cabinet reshuffle will take place in due course of time. Please bear with me. We are yet to complete two years in office, the Chief Minister said.
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Roshan rejoins State Cabinet after two months
Gov. Scott is pushing for more change at Cabinet agencies.
While still drawing heat over ousting the head of the states law enforcement agency, Gov. Rick Scott is eager for more turnover at the top of agencies he and the Cabinet lead.
In a letter Tuesday to Chief Financial Officer Jeff Atwater, Scott said he wants to talk about making changes at the Office of Insurance Regulation, Office of Financial Regulation and the states Department of Revenue.
Scott said the goal is, so we can get fresh ideas into those Cabinet positions at the start of a second term.
Insurance Commissioner Kevin McCarty was already rumored to be close to being pushed out the door by Scott. McCarty has 26 years of experience in state government, including his current appointed role since 2003.
But recent speculation was that insurance industry lobbyists had been pressuring Scott to find someone more to their liking.
Others potentially headed to the gangplank are low-key officials: Office of Financial Regulation Commissioner Drew Breakspear and Revenue Department executive director Marshall Stranburg.
Scott and the Cabinet next meet Feb. 5. The independently elected Atwater, along with Agriculture Commissioner Adam Putnam and Attorney General Pam Bondi said little when Florida Department of Law Enforcement head Gerald Bailey was shown the door by Scott, so this latest round of potential firings could prove a test of the governors muscle.
An Atwater spokeswoman earlier rejected talk that he would support replacing McCarty. The CFO also recently suggested to Scott that in the wake of his ouster Bailey that more candidates be considered for the post.
But Scott dismissed the idea of revisiting the recent selection of Rick Swearingen as Baileys replacement. Scott said it was important to avoid unnecessary turmoil within an organization of great men and women.
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Scott pushing Cabinet to oust more agency chiefs
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